SCHEDULES
C2SCHEDULE 13Transfer of suspended sentence orders to Scotland or Northern Ireland
C1Part 3General provisions: breach or amendment
Sch. 13 Pt. 3 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(3), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
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1
The home court may exercise any power under Part 3 of Schedule 12 (amendment of suspended sentence order) as if it were the original court, except that the home court may not exercise the power conferred by paragraph 15(4) of that Schedule.
2
Where paragraph 15(4) of Schedule 12 applies the home court must require the offender to appear before the original court.
3
Subject to sub-paragraph (4), where the home court proposes to exercise the power conferred by paragraph 15(1) of Schedule 12, otherwise than on the application of the offender, the court—
a
if it is in Scotland—
i
must issue a citation requiring the offender to appear before it, and
ii
if he does not appear in answer to the citation, may issue a warrant for the offender’s arrest;
b
if it is in Northern Ireland—
i
must issue a summons requiring the offender to appear before it, and
ii
if he does not appear in answer to the summons, may issue a warrant for the offender’s arrest;
and paragraph 20 of Schedule 12 does not apply to the home court.
4
Sub-paragraph (3) does not apply to an order cancelling any community requirement of a suspended sentence order.
5
Where the home court is considering amending a suspended sentence order, any reference in Chapter 4 of Part 12 of this Act to a local probation board has effect as a reference to a local authority in Scotland or, as the case may be, the Probation Board for Northern Ireland.
Sch. 13 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4