Powers of Criminal Courts (Sentencing) Act 2000

4 (1) Where a court considering the making of a [F1 community punishment order] is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 46 of this Act shall have effect as if subsections (6), (7) and (9) to (13) were omitted and as if after subsection (5) there were inserted the following subsection— U.K.

“(5A) A court shall not make a [F1 community punishment order] in respect of any offender unless it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order.”,

and, accordingly, section 47 and the reference to it in section 46(1) shall not apply.

(2) Where a [F1 community punishment order] has been made and—

(a) a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland, and

(b) it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,

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

(3) A [F1 community punishment order] made or amended in accordance with this paragraph shall—

(a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by Part II of the M1 Criminal Justice (Northern Ireland) Order 1996.

Textual Amendments

F1 Words in Sch. 4 para. 4(1)-(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

Marginal Citations

M1 S.I. 1996/3160 (N.I. 24).