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Criminal Justice Act 1991, Paragraph 10 is up to date with all changes known to be in force on or before 11 September 2024. 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.
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10(1)Where F1. . . a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, [F2Article 10 of the Criminal Justice (Northern Ireland) Order 1996] (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—
“(1A)A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the [F3local justice area] in which he resides or will reside.”
(2)Where a probation order has been made by a court in Northern Ireland and—
(a)a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender F4. . . proposes to reside or is residing in England and Wales; and
(b)it appears to the court that suitable arrangements for his supervision can be made by the [F5local probation board] for the area which contains the [F6local justice area] in which he resides or will reside,
the power of the court to amend the order under Schedule 2 to the [F7Criminal Justice (Northern Ireland) Order 1996] shall include power to amend it by requiring him to be supervised in accordance with arrangements so made [F8or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside] .
(3)Where a court is considering the making or amendment of a probation order in accordance with this paragraph, [F9Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996] shall have effect as if—
(a)any reference to a probation officer were a reference to [F10 an officer of a local probation board assigned]to the [F11local justice area] in England and Wales in which the offender resides or will be residing when the order or amendment comes into force [F12or (as the case may be) to an officer of a provider of probation services acting in the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force];
(b)the reference in [F13paragraph 4(3)] to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the M1Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a [F14hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided];
(c)the reference in [F15paragraph 2(5)] to the Probation Board for Northern Ireland were a reference to the [F5local probation board] for the area in which the premises are situated [F16or to the provider of probation services operating in the local justice area in which the premises are situated]; and
(d)references in [F17paragraph 3] to a day centre were references to a [F10community rehabilitation centre] within the meaning of [F18section 201 of the Criminal Justice Act 2003] .
(4)A probation order made or amended in accordance with this paragraph shall specify the [F19local justice area] in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.
Textual Amendments
F1Words in Sch. 3 para. 10(1) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(i); S.R. 1997/523, art. 3
F2Words in Sch. 3 para. 10(1) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(ii); S.R. 1997/523, art. 3
F3Words in Sch. 3 para. 10(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)
F4Words in Sch. 3 para. 10(2) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(iii); S.R. 1997/523, art. 3
F5Words in Sch. 3 Pt. III para. 10(2)(b)(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(i); S.I. 2001/919, art. 2(f)(ii)
F6Words in Sch. 3 para. 10(2)(b) substituted (1.4.2005) by) The Courts Act 2003 (Consequential Provisions) Order 2005; (S.I. 2005/886), art. 2, {Sch. para. 48(a)}
F7Words in Sch. 3 para. 10(2) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(iv); S.R. 1997/523, art. 3
F8Words in Sch. 3 para. 10(2)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(i)
F9Words in Sch. 3 para. 10(3) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(v); S.R. 1997/523, art. 3
F10Words in Sch. 3 Pt. III para. 10(3)(a)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(ii)(iii); S.I. 2001/919, art. 2(f)(ii)
F11Words in Sch. 3 para. 10(3)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)
F12Words in Sch. 3 para. 10(3)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(ii)
F13Words in Sch. 3 para. 10(3)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vi); S.R. 1997/523, art. 3
F14Words in Sch. 3 Pt. III para. 10(3)(b)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(2)(a)(b)
F15Words in Sch. 3 para. 10(3)(c) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vii); S.R. 1997/523, art. 3
F16Words in Sch. 3 para. 10(3)(c) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(iii)
F17Words in Sch. 3 para. 10(3)(d) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(viii); S.R. 1997/523, art. 3
F18Words in Sch. 3 para. 10(3)(d) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, {Sch. 32 Pt. 1 para. 64(2}); S.I. 2005/950, art. 2(1), Sch. 1 (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F19Words in Sch. 3 para. 10(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)
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(2), Sch. 2.
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