Criminal Justice and Immigration Act 2008

Criminal Procedure (Scotland) Act 1995 (c. 46) E+W

43 E+W The Criminal Procedure (Scotland) Act 1995 has effect subject to the following amendments.

Commencement Information

I1 Sch. 4 para. 43 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

44 (1) Section 234 (probation orders: persons residing in England and Wales) is amended as follows. E+W

(2) In subsection (2), at the end insert “ (in any case where the offender has attained the age of 18 years) or under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case) ”.

(3) In subsection (4)—

(a) in paragraph (a), for “and section 207(2) of the Criminal Justice Act 2003” substitute “ , section 207(2) of the Criminal Justice Act 2003 and paragraph 20(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008 ”,

(b) in paragraph (a), for “or, as the case may be, community orders under Part 12 of that Act” substitute “ , community orders under Part 12 of the Criminal Justice Act 2003 or, as the case may be, youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008 ”,

(c) in paragraph (a), for “and section 207 of the Criminal Justice Act 2003” substitute “ , section 207 of the Criminal Justice Act 2003 and paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008 ”,

(d) in paragraph (b), after “2003” insert “ or (as the case may be) paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 ”, and

(e) in paragraph (b), at the end insert “ or that paragraph ”.

(4) In subsection (4A) at the end insert “ (in any case where the offender has attained the age of 18 years) or in a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case) ”.

(5) In subsection (5) for the words from “subject to subsection (6)” to the end substitute “subject to subsections (6) and (6A) below—

(a) Schedule 8 to the Criminal Justice Act 2003 shall apply as if it were a community order made by a magistrates' court under section 177 of that Act and imposing the requirements specified under subsection (4A) above (in any case where the offender has attained the age of 18 years); and

(b) Schedule 2 to the Criminal Justice and Immigration Act 2008 shall apply as if it were a youth rehabilitation order made by a magistrates' court under section 1 of that Act and imposing the requirements specified under that subsection (in any other case).”

(6) After subsection (6) insert—

“(6A) In its application to a probation order made or amended under this section, Schedule 2 to the Criminal Justice and Immigration Act 2008 has effect subject to the following modifications—

(a) any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,

(b) in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-paragraph (16), the reference to the Crown Court has effect as a reference to a court in Scotland, and

(c) Parts 3 and 5 are omitted.”

Commencement Information

I2 Sch. 4 para. 44 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

45 (1) Section 242 (community service orders: persons residing in England and Wales) is amended as follows. E+W

(2) In subsection (1)(a)—

(a) in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” insert “ , in any case where the offender has attained the age of 18 years, or an unpaid work requirement imposed by a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), in any other case ”, and

(b) in sub-paragraph (iii), after “section 177 of the Criminal Justice Act 2003” insert “ or, as the case may be, imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008 ”.

(3) In subsection (2)(b)—

(a) after “that court” insert “ , in any case where the offender has attained the age of 18 years, ” and

(b) after “2003” insert “ or it appears to that court, in any other case, that provision can be made for the offender to perform work under the order under the arrangements which exist in that area for persons to perform work under unpaid work requirements imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008 ”.

(4) In subsection (3)(b)—

(a) after “the board” insert “ or (as the case may be) require a provider of probation services to appoint an officer of the provider, ”,

(b) after “the order” insert “—

(a)” , and

(c) at the end insert “; or

(b) the functions conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008 in respect of unpaid work requirements imposed by youth rehabilitation orders (within the meaning of that Part) as the case may be.”

Commencement Information

I3 Sch. 4 para. 45 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)

46 (1) Section 244 (community service orders: general provisions relating to persons residing in England and Wales or Northern Ireland) is amended as follows. E+W

(2) In subsection (3)(a)—

(a) after “2003)” insert “ or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(b) after “such community orders” insert “ or youth rehabilitation orders ”.

(3) In subsection (4)(a)—

(a) for “or, as the case may be, community orders” substitute “ , community orders ”, and

(b) after “2003)” insert “ or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”.

(4) In subsection (5)—

(a) for “or, as the case may be, a community order” substitute “ , a community order ”, and

(b) after “2003)” insert “ or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”.

(5) In subsection (6)—

(a) for “or, as the case may be, community orders” substitute “ , community orders ”,

(b) after “within the meaning of Part 12 of the Criminal Justice Act 2003)” insert “ or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and

(c) after “the responsible officer under Part 12 of the Criminal Justice Act 2003” insert “ or, as the case may be, under Part 1 of the Criminal Justice and Immigration Act 2008 ”.

Commencement Information

I4 Sch. 4 para. 46 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)