Criminal Justice Act 1991

11(1)Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.U.K.

(2)Where [F1an adult probation order] is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph—

(a)the order shall be treated as if it were a [F2community order] made in England and Wales F3. . . ; and

[F4(b)the provisions of Part 12 [F5of the Criminal Justice Act 2003](so far as relating to such orders) shall apply accordingly.]

[F6(2A)Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—

(a)the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and

(b)the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.]

(3)Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—

[F7[F8(a)the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;]

(b)the powers of the home court under [F9that legislation], as modified by this paragraph; and]

(c)its own powers under this paragraph,

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under [F10Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996].

(4)The home court may exercise in relation to the probation order any power which it could exercise in relation to a [F11community order [F12or, as the case may be, a youth rehabilitation order] made by a court in England and Wales F13. . . , except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 [F14to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008]].

(5)If at any time while [F15Part 12 of the Criminal Justice Act 2003 [F16or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008]] applies by virtue of sub-paragraph [F17(2) or (2A) (as the case may be)] to a probation order made in Northern Ireland it appears to the home court—

(a)on information to a justice of the peace [F18acting in the local justice area] for the time being specified in the order, that the offender has failed to comply with any of the requirements of [F19that Act] applicable to the order; or

(b)on the application [F20 of—

(i)the offender, or the

(ii) officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),]

, that it would be in the interests of justice for the power conferred by [F21paragraph 7 or 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996] to be exercised,

the home court may require the offender to appear before the court which made the order.

(6)Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—

(a)may issue a warrant for his arrest; and

(b)may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,

and [F22Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996] shall have effect accordingly.

(7)Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—

(a)the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b)a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8)In this paragraph

  • [F23“adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;

  • “community order” means an order made under section 177 of the Criminal Justice Act 2003;]

“home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction [F24acting in the local justice area] in which he resides or proposes to reside.

  • [F25“youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;

  • “youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.]

Textual Amendments

F2Words in Sch. 3 para. 11(2)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336,{Sch. 32 para. 64(3)(a)}; S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F5Words in Sch. 3 para. 11(2)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(2)(c) (with Sch. 27, paras. 1, 5); SI 2009/3074, {art. 2(f)(p)(v)}

F11Words in Sch. 3 para. 11(4) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(5}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F14Words in Sch. 3 para. 11(4) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 41(5)(c); S.I. 2009/3074, art. 2(f)(p)(v)

F15Words in Sch. 3 para. 11(5) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(6}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

Commencement Information

I1Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 2.