Powers of Criminal Courts (Sentencing) Act 2000

Sections 44, 49, 51.

SCHEDULE 4 U.K. Transfer of certain community orders to Scotland or Northern Ireland

[F1 community rehabilitation]: Scotland U.K.

Textual Amendments

F1 Sch. 4 para. 1: words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

1 (1) Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 41 of this Act ([F2 community rehabilitation orders]) shall have effect as if subsections (3) to (7) and (9) to (11) were omitted and as if after subsection (2) there were inserted the following subsection— U.K.

“(2A) A court shall not make a [F2 community rehabilitation order] in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the council constituted under section 2 of the M1 Local Government etc. (Scotland) Act 1994 in whose area he resides, or will be residing when the order comes into force.”

(2) Where a [F2 community rehabilitation order] has been made and—

(a) a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland, and

(b) it appears to the court that suitable arrangements for his supervision can be made by the council constituted under section 2 of the M2 Local Government etc. (Scotland) Act 1994 in whose area he proposes to reside or is residing,

the power of the court to amend the order under Part IV of Schedule 3 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a [F2 community rehabilitation order] in accordance with this paragraph, Schedule 2 to this Act (additional requirements in [F2 community rehabilitation orders]) shall have effect as if—

(a) for sub-paragraphs (i) and (ii) of paragraph 2(2)(a) there were substituted a reference to an officer of the council constituted under section 2 of the M3 Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing when the order or amendment comes into force;

(b) any reference to the offender’s responsible officer were a reference to the officer of the council mentioned in paragraph (a) above responsible for the offender’s supervision;

(c) the reference in paragraph 2(5) to the [F3 local probation board] for the area in which the premises are situated were a reference to the council constituted under section 2 of the M4 Local Government etc. (Scotland) Act 1994 for that area;

(d) paragraph 3 (requirements as to attendance at [F4 community rehabilitation centre]) were omitted; and

(e) for paragraph 5(3)(a) there were substituted—

“(a) treatment as a resident patient in a hospital within the meaning of the M5 Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act;”.

(4) A [F2 community rehabilitation order] made or amended in accordance with this paragraph shall—

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) specify as the appropriate court for the purposes of subsection (4) of section 228 of the M6 Criminal Procedure (Scotland) Act 1995 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.

Textual Amendments

F2 Words in Sch. 4 para. 1(1)-(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)

F3 Words in Sch. 4 para. 1(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(a); S.I. 2001/919, art. 2(f)(ii)

F4 Words in Sch. 4 para. 1(3)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(b); S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M1 1994 c. 39.

M2 1994 c. 39.

M3 1994 c. 39.

M4 1994 c. 39.

M5 1984 c. 36.

M6 1995 c. 46.

[F5 community rehabilitation orders]: Northern Ireland U.K.

Textual Amendments

F5 Sch. 4 para. 2: words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

2 (1) Where a court considering the making of a [F6 community rehabilitation order] is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 41 of this Act shall have effect as if subsections (3) to (7) and (9) to (11) were omitted and as if after subsection (2) there were inserted the following subsection— U.K.

“(2A) A court shall not make a [F6 community rehabilitation order] in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.”

(2) Where a [F6 community rehabilitation order] has been made and—

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

(b) it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,

the power of the court to amend the order under Part IV of Schedule 3 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a [F6 community rehabilitation order] in accordance with this paragraph, Schedule 2 to this Act shall have effect as if—

(a) for sub-paragraphs (i) and (ii) of paragraph 2(2)(a) there were substituted a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;

(b) any reference to the offender’s responsible officer were a reference to the probation officer assigned as mentioned in paragraph (a) above responsible for the offender’s supervision;

(c) the reference in paragraph 2(5) to the [F7 local probation board] for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;

(d) references in paragraph 3 to a [F8 community rehabilitation centre] were references to a day centre within the meaning of paragraph 3 of Schedule 1 to the M7 Criminal Justice (Northern Ireland) Order 1996;

(e) for paragraphs (a) and (b) of paragraph 3(2) there were substituted a reference to a probation officer assigned as mentioned in paragraph (a) above; and

(f) for paragraph 5(3)(a) there were substituted—

“(a) 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 M8 Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the M9 Criminal Justice (Northern Ireland) Order 1996;”.

(4) A [F6 community rehabilitation order] made or amended in accordance with this paragraph shall 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.

Textual Amendments

F6 Words in Sch. 4 para. 2(1)-(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F7 Words in Sch. 4 para. 2(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(a); S.I. 2001/919, art. 2(f)(ii)

F8 Words in Sch. 4 para. 2(3)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(b); S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M7 S.I. 1996/3160 (N.I. 24).

M8 S.I. 1972/1265 (N.I. 14).

M9 S.I. 1996/3160 (N.I. 24).

[F9 community punishment orders]: Scotland U.K.

Textual Amendments

F9 Sch. 4 para. 3: words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

3 (1) Where a court considering the making of a [F10 community punishment order] is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 46 of this Act ([F10 community punishment orders]) 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 [F10 community punishment order] in respect of any offender unless—

(a) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 238 of the M10 Criminal Procedure (Scotland) Act 1995; and

(b) it appears to the court that provision can be made for him to perform work under those arrangements.”,

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

(2) Where a [F10 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 Scotland,

(b) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 238 of the M11 Criminal Procedure (Scotland) Act 1995, and

(c) it appears to the court that provision can be made for him to perform work under the [F10 community punishment order] under those arrangements,

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

(3) A [F10 community punishment order] made or amended in accordance with this paragraph shall—

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) require the council constituted under section 2 of the M12 Local Government etc. (Scotland) Act 1994 in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by sections 239 to 245 of the M13 Criminal Procedure (Scotland) Act 1995.

Textual Amendments

F10 Words in Sch. 4 para. 3(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

M10 1995 c. 46.

M11 1995 c. 46.

M12 1994 c. 39.

M13 1995 c. 46.

[F11 community punishment]: Northern Ireland U.K.

Textual Amendments

F11 Sch. 4 para. 4: words in cross-heading substituted (1.4.2001) by virtue of 2000 c. 43, s. 74, Sch. 7 Pt. I para. 2(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

4 (1) Where a court considering the making of a [F12 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 [F12 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 [F12 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 [F12 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 M14 Criminal Justice (Northern Ireland) Order 1996.

Textual Amendments

F12 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

M14 S.I. 1996/3160 (N.I. 24).

[F13 community punishment and rehabilitaion: Scotland] U.K.

Textual Amendments

F13 Sch. 4 para. 5: words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 3(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

5 U.K. Paragraphs 1 and 3 above shall apply in relation to [F14 community punishment and rehabilitation orders]—

(a) in so far as those orders impose such a requirement as is mentioned in section 51(1)(a) of this Act, as if they were [F15 community rehabilitation orders]; and

(b) in so far as they impose such a requirement as is mentioned in section 51(1)(b) of this Act, as if they were [F16 community punishment orders].

Textual Amendments

F14 Words in Sch. 4 para. 5 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 3(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

F15 Words in Sch. 4 para. 5(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

F16 Words in Sch. 4 para. 5(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt.I para. 2(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

[F17 Community rehabilitation, community punishment and community punishment and rehabilitation orders: general provisions] U.K.

Textual Amendments

F17 Cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(3)(b); S.I. 2001/919, art. 2(f)(ii)

6 (1) Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court. U.K.

(2) Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph—

(a) the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and

(b) the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.

(3) Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language—

(a) the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;

(b) the powers of the home court under that legislation, as modified by this paragraph; and

(c) its own powers under this paragraph.

(4) The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely—

(a) in the case of a [F18 community rehabilitation order] or a [F19 community punishment and rehabilitation order], a power conferred by section 232(2)(b) or 233 of, or paragraph 1 of Schedule 6 to, the M15 Criminal Procedure (Scotland) Act 1995;

(b) in the case of a [F18 community rehabilitation order], a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the M16 Criminal Justice (Northern Ireland) Order 1996; and

(c) in the case of a [F20 community punishment order]—

(i) a power conferred by section 239(5)(b) or 240(1)(c) or (d) of the M17 Criminal Procedure (Scotland) Act 1995;

(ii) a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the M18 Criminal Justice (Northern Ireland) Order 1996; or

(iii) a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.

(5) If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales—

(a) it appears to the home court—

(i) if that court is in Scotland, on information from the local authority officer concerned, or

(ii) if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,

that the offender has failed to comply with any of the requirements of the legislation applicable to the order, or

(b) it appears to the home court—

(i) if that court is in Scotland, on the application of the offender or of the local authority officer concerned, or

(ii) if it is in Northern Ireland, on the application of the offender or of the probation officer concerned,

that it would be in the interests of justice for a power conferred by paragraph 10 or 11 of Schedule 3 to this Act to be exercised,

the home court may require the offender to appear before the court which made the order.

(6) Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court—

(a) may issue a warrant for his arrest; and

(b) may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales;

and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority officer or probation officer concerned.

(7) Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order—

(a) the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b) a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8) In this paragraph—

• [F21 “corresponding order”—

  (a)

  in relation to a community rehabilitation order, means a probation order;

  (b)

  in relation to a community punishment order, means a community service order; and

  (c)

  in relation to a community punishment and rehabilitation order—

  (i)

  if the offender resides in Scotland, or will be residing there at the relevant time, means a probation order including such a requirement as is mentioned in section 229(4) of the M19 Criminal Procedure (Scotland) Act 1995; and

  (ii)

  if he resides in Northern Ireland, or will be residing there at the relevant time, means a combination order;]

• “home court” means—

  (a)

  if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and

  (b)

  if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

• “the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the M20 Local Government etc. (Scotland) Act 1994 responsible for his supervision or, as the case may be, discharging in relation to him the functions in respect of community service orders assigned by sections 239 to 245 of the M21 Criminal Procedure (Scotland) Act 1995;

• “the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part II of the M22 Criminal Justice (Northern Ireland) Order 1996;

• “the relevant time” means the time when the order or the amendment to it comes into force.

Textual Amendments

F18 Words in Sch. 4 para. 6(4)(a)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F19 Words in Sch. 4 para. 6(4)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 3(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F20 Words in Sch. 4 para. 6(4)(c) 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)

F21 Definition of “corresponding order” in Sch. 4 para. 6(8) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(3)(a); S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M15 1995 c. 46.

M16 S.I. 1996/3160 (N.I. 24).

M17 1995 c. 46.

M18 S.I. 1996/3160 (N.I. 24).

M19 1995 c. 46.

M20 1994 c. 39.

M21 1995 c. 46.

M22 S.I. 1996/3160 (N.I. 24).