Criminal Justice Act 1991

10 (1) Where, in the case of an offender of or over the age of 16 years, a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, section 1 of the M1 Probation Act (Northern Ireland) 1950 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A) A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside.”

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

(a) a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender has attained the age of 16 years and proposes to reside or is residing in England and Wales; and

(b) it appears to the court that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside,

the power of the court to amend the order under Schedule 2 to the M2 Probation Act (Northern Ireland) 1950 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a probation order in accordance with this paragraph, sections 2, 2A and 2B of the M3 Probation Act (Northern Ireland) 1950 shall have effect as if—

(a) any reference to a probation officer were a reference to a probation officer assigned to the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force;

(b) the reference in section 2(2) to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the M4 Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a mental hospital within the meaning of paragraph 5 of Schedule 1A to the 1973 Act;

(c) the reference in section 2A(5) to the Probation Board for Northern Ireland were a reference to the probation committee for the area in which the premises are situated; and

(d) references in section 2B to a day centre were references to a probation centre within the meaning of paragraph 3 of Schedule 1A to the 1973 Act.

(4) A probation order made or amended in accordance with this paragraph shall specify the petty sessions area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

Commencement Information

I1 Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M1 1950 c. 7. (N.I.).

M2 1950 c. 7. (N.I.).

M3 1950 c. 7. (N.I.).

M4 S.I. 1972/1265 (N.I. 14).