Criminal Justice Act 2003

Part 2 U.K. Northern Ireland

6 (1) Where the court considering the making of a suspended sentence order [F1 that imposes one or more community requirements] is satisfied that the offender resides in Northern Ireland, or will reside there when the order comes into force, the court may not make [F2 such] a suspended sentence order in respect of the offender unless it appears to the court— U.K.

(a) in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements,

[F3 (aa) in the case of an order imposing an electronic monitoring requirement within section 215(1)(b)—

(i) that any necessary provision can be made in the offender's case under arrangements that exist for persons resident in that locality, and

(ii) that arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored,] and

(b) in any case, that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.

(2) The requirements referred to in sub-paragraph (1)(a) are—

(a) an unpaid work requirement,

[F4 (b) a rehabilitation activity requirement,]

(c) a programme requirement,

(d) a mental health treatment requirement,

(e) a drug rehabilitation requirement,

(f) an alcohol treatment requirement,

(g) an attendance centre requirement, and

(h) an electronic monitoring requirement [F5 within section 215(1)(a)] .

(3) Where—

(a) the appropriate court for the purposes of paragraph 14 of Schedule 12 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a suspended sentence order is in force proposes to reside or is residing in Northern Ireland, and

(b) it appears to the court that the conditions in sub-paragraphs (1)(a) [F6 and (b)] [F6 to (b)] are satisfied,

the power of the court to amend the order under Part 3 of Schedule 12 includes power to amend it by requiring it to be complied with in Northern Ireland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).

(4) For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) [F7 and (b)] [F7 to (b)] to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.

[F8 (4A) The court may not by virtue of sub-paragraph (1) or (3) require an alcohol abstinence and monitoring requirement to be complied with in Northern Ireland.]

(5) The court may not provide for an order made in accordance with this paragraph to be subject to review under section 191 or 210; and where an order which is subject to review under either of those sections is amended in accordance with this paragraph, the order shall cease to be so subject.

Textual Amendments

F1 Words in Sch. 13 para. 6(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 12(3)(a) (with s. 68(7)); S.I. 2012/2906, art. 2(g)

F2 Words in Sch. 13 para. 6(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 12(3)(b) (with s. 68(7)); S.I. 2012/2906, art. 2(g)

F3 Sch. 13 para. 6(1)(aa) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(4); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)

F4 Sch. 13 para. 6(2)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 8(4) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)

F5 Words in Sch. 13 para. 6(2)(h) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(2); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)

F6 Words in Sch. 13 para. 6(3)(b) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)

F7 Words in Sch. 13 para. 6(4) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(5); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)

F8 Sch. 13 para. 6(4A) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(10)(b), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)

Modifications etc. (not altering text)

C1 Sch. 13 para. 6(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2 Sch. 13 para. 6(5) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)

7 U.K. A suspended sentence order made or amended in accordance with paragraph 6 must—

(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 appoint or assign a probation officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;

and section 216 ([F9 local justice area] to be specified) does not apply in relation to an order so made or amended..

Textual Amendments

F9 Words in Sch. 13 para. 7 substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 111(a)

Commencement Information

I2 Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)

8 (1) Where a court makes or amends a suspended sentence order in accordance with paragraph 6, the court must provide the relevant documents to— U.K.

(a) the Probation Board for Northern Ireland, and

(b) the court of summary jurisdiction acting for the petty sessions district in which the offender resides or proposes to reside;

and paragraphs (b) to (d) of subsection (1) of section 219 (provision of copies of relevant orders) do not apply in relation to an order so made or amended.

(2) In this paragraph, “the relevant documents” means—

(a) a copy of the order as made or amended, and

(b) such other documents and information relating to the case as the court making or amending the order considers likely to be of assistance.

Modifications etc. (not altering text)

C3 Sch. 13 para. 8 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I3 Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)

9 (1) In relation to the making or amendment of a suspended sentence order in accordance with paragraph 6, and (except for the purposes of paragraph 20) in relation to an order so made or amended, Chapter 4 of Part 12 of this Act has effect subject to the following modifications. U.K.

(2) Any reference to the responsible officer has effect as a reference to the probation officer appointed or assigned under paragraph 7(b).

(3) The following provisions are omitted—

F10 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) subsection (4) of section 206 (residence requirement),

(d) [F12 subsection (4)] [F12 subsections (4) and (9)] of section 218 (availability of arrangements in local area).

(4) In section 207 (mental health treatment requirement), for subsection (2)(a) there is 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 Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health, Social Services and Public Safety for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160 (N.I. 24));”.

(5) In section 214 (attendance centre requirement), any reference to an attendance centre has effect as a reference to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24).

(6) In section 215 (electronic monitoring requirement), in subsection (3), the words from “and” onwards are omitted.

Textual Amendments

F10 Sch. 13 para. 9(3)(a) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 8(5) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)

F11 Sch. 13 para. 9(3)(b) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 16(4)(b), 22(1); S.I. 2015/40, art. 2(n)

F12 Words in Sch. 13 para. 9(3)(d) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(6); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)

Commencement Information

I4 Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)