SCHEDULES
C1SCHEDULE 9Transfer of community orders to Scotland or Northern Ireland
Part 1Scotland
I11
1
Where the court considering the making of a community order is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may not make a community order in respect of the offender unless it appears to the court—
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 locality in Scotland 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, and
b
in any case, that suitable arrangements for his supervision can be made by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) in whose area he resides, or will be residing when the order comes into force.
2
The requirements referred to in sub-paragraph (1)(a) are—
a
an unpaid work requirement,
b
an activity requirement,
c
a programme requirement,
d
a mental health treatment requirement,
e
a drug rehabilitation requirement,
f
an alcohol treatment requirement, and
g
an electronic monitoring requirement.
3
Where—
a
the appropriate court for the purposes of paragraph 16 of Schedule 8 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a community order is in force proposes to reside or is residing in Scotland, and
b
it appears to the court that the conditions in sub-paragraph (1)(a) and (b) are satisfied,
the power of the court to amend the order under Part 4 of Schedule 8 includes power to amend it by requiring it to be complied with in Scotland 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) and (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.
5
The court may not by virtue of sub-paragraph (1) or (3) require an attendance centre requirement to be complied with in Scotland.
6
A community order made or amended in accordance with this paragraph must—
a
specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force;
b
specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Scotland;
c
specify as the appropriate court for the purposes of subsection (4) of section 228 of the Criminal Procedure (Scotland) Act 1995 (c. 46) a court of summary jurisdiction (which, in the case of an offender convicted on indictment, must be the sheriff court) having jurisdiction in the locality specified under paragraph (a);
and section 216 (F1local justice area to be specified) does not apply in relation to an order so made or amended.
Sch. 9 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 180, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4