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Criminal Justice Act 2003

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Changes over time for: Paragraph 6

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No versions valid at: 01/01/2005

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Point in time view as at 01/01/2005. This version of this part contains provisions that are not valid for this point in time. Help about Status

Changes to legislation:

Criminal Justice Act 2003, Paragraph 6 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Yn ddilys o 04/04/2005

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6(1)Where the court considering the making of a suspended sentence order is satisfied that the offender resides in Northern Ireland, or will reside there when the order comes into force, the court may not make a suspended sentence order in respect of the offender unless it appears to the court—U.K.

(a)in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and

(b)in any case, that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.

(2)The requirements referred to in sub-paragraph (1)(a) are—

(a)an unpaid work requirement,

(b)an activity requirement,

(c)a programme requirement,

(d)a mental health treatment requirement,

(e)a drug rehabilitation requirement,

(f)an alcohol treatment requirement,

(g)an attendance centre requirement, and

(h)an electronic monitoring requirement.

(3)Where—

(a)the appropriate court for the purposes of paragraph 14 of Schedule 12 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a suspended sentence order is in force proposes to reside or is residing in Northern Ireland, and

(b)it appears to the court that the conditions in sub-paragraphs (1)(a) and (b) are satisfied,

the power of the court to amend the order under Part 3 of Schedule 12 includes power to amend it by requiring it to be complied with in Northern Ireland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).

(4)For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.

(5)The court may not provide for an order made in accordance with this paragraph to be subject to review under section 191 or 210; and where an order which is subject to review under either of those sections is amended in accordance with this paragraph, the order shall cease to be so subject.

Modifications etc. (not altering text)

C1Sch. 13 para. 6(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Sch. 13 para. 6(5) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)

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