SCHEDULES

C3SCHEDULE 13Transfer of suspended sentence orders to Scotland or Northern Ireland

Annotations:
Modifications etc. (not altering text)
C3

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

C2Part 3General provisions: breach or amendment

Annotations:
Modifications etc. (not altering text)
C2

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

I120

1

This paragraph applies where the home court is satisfied that the offender is residing or proposes to reside in England and Wales.

2

Subject to sub-paragraphs (3) and (4), the home court may, and on the application of the relevant officer must, amend the suspended sentence order by requiring it to be complied with in England and Wales.

3

The court may not amend under this paragraph a suspended sentence order which contains requirements which, in the opinion of the court, cannot be complied with in the F1local justice area in which the offender is residing or proposes to reside unless, in accordance with paragraph 15 of Schedule 12 it either—

a

cancels those requirements, or

b

substitutes for those requirements other requirements which can be complied with if the offender resides in that area.

4

The court may not amend under this paragraph any suspended sentence order imposing a programme requirement unless it appears to the court that the accredited programme specified in the requirement is available in the F1local justice area in England and Wales in which the offender is residing or proposes to reside.

5

The suspended sentence order as amended must specify the petty sessions area in which the offender resides or proposes to reside.

6

On the making under this paragraph of an order amending a suspended sentence order, the home court must—

a

provide copies of the amending order to the offender, the relevant officer and the local probation board F2acting in the new local justice areaF3, or (as the case may be) a provider of probation services operating in the new local justice area , and

C1b

provide the magistrates' court F4acting in that area with a copy of the amending order and such other documents and information relating to the case as the home court considers likely to be of assistance to a court F4acting in that area in the exercise of its functions in relation to the order.

7

Where an order has been amended under this paragraph, the preceding paragraphs of this Schedule shall cease to apply to the order as amended.