Criminal Justice Act 1982

8 (1) Where a court in Northern Ireland considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in Scotland, the M1 Treatment of Offenders (Northern Ireland) Order 1976 shall have effect as if the following were substituted for Article 7(4)—

“(4) A court shall not make a community service order in respect of any offender unless the offender consents and—

(a) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and

(b) the court is satisfied after considering a report by a probation officer about the offender and his circumstances and, if the court thinks it necessary, hearing a probation officer, that the offender is a suitable person to perform work under such an order; and

(c) it appears to the court that provisions can be made for him to perform work under the arrangements mentioned in sub-paragraph (a) above.”.

(2) Where a community service order has been made by a court in Northern Ireland and—

(a) a court of summary jurisdiction acting for a petty sessions district in Northern Ireland for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;

(b) that court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is made under section 1 of the Community Service by Offenders (Scotland) Act 1978;

(c) it appears to that court that provision can be made for him to perform work under the community service order under those arrangements,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

(3) A community service order made or amended in accordance with this paragraph shall—

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or the amendment comes into force; and

(b) require the regional or islands council in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the M2 Community Service by Offenders (Scotland) Act 1978.

Marginal Citations

M1 S.I. 1976 No. 226 (N.I. 4).

M2 1978 c. 49.