7(1)Where a court in Northern Ireland considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in England or Wales, [F1Part II of the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if the following were substituted for Article 13(4)—U.K.
“(4)A court shall not make a community service order in respect of any offender unless the offender consents and—
(a)the court is satisfied after hearing (if the court thinks it necessary) a probation officer, that the offender is a suitable person to perform work under such an order; and
(b)it appears to the court that provision for the offender to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the [F2local justice area] in England and Wales in which he resides or will reside.”]
(2)Where a community service order has been made by a court in Northern Ireland and—
(a)a court of summary jurisdiction acting for a petty sessions district in Northern Ireland for the time being specified in it is satisfied that the offender proposes to reside or is residing in England or Wales;
(b)it appears to that court that provision can be made for him to perform work under the community service order under the arrangements for persons to perform work under such orders which exist in the [F3local justice area] in England or Wales in which he resides or will reside,
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.
(3)A community service order made or amended in accordance with this paragraph shall—
(a)specify the [F4local justice area] in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and
(b)require the [F5local probation board for that area (established under section 4 of the Criminal Justice and Court Services Act 2000) to appoint or assign an officer of the board] who will discharge in respect of the order the functions in respect of community service orders conferred on [F6responsible officers by the M1Powers of Criminal Courts (Sentencing) Act 2000].
Textual Amendments
F1Words in Sch. 13 para. 7(1) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 12(a); S.R. 1997/523, art. 2(i)
F2Words in Sch. 13 para. 7(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 42(a)
F3Words in Sch. 13 para. 7(2)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 42(a)
F4Words in Sch. 13 para. 7(3)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 1, Sch. para. 42(a)
F5Words in Sch. 13 para. 7(3)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 71; S.I. 2001/919, art. 2(f)(ii)
F6Words in Sch. 13 para. 7(3) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 89(2)
Marginal Citations