Modifications etc. (not altering text)
C1Sch. 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
3(1)Where the court considering the making of a community order is satisfied that the offender resides in Northern Ireland, 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—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,
[F1(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) are—
(a)an unpaid work requirement,
[F2(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 [F3within section 215(1)(a)] .
(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 the offender to whom a community order relates proposes to reside or is residing in Northern Ireland, and
(b)it appears to the court that the conditions in sub-paragraphs (1)(a) [F4and (b)] [F4to (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 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) [F5and (b)] [F5to (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.
[F6(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)A community order made or amended in accordance with this paragraph must 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 section 216 ([F7local justice area] to be specified) does not apply in relation to an order so made or amended.
(6)A community order made or amended in accordance with this paragraph must also specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland.
Textual Amendments
F1Sch. 9 para. 3(1)(aa) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) 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); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)
F2Sch. 9 para. 3(2)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 7(4) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F3Words in Sch. 9 para. 3(2)(h) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) 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); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)
F4Words in Sch. 9 para. 3(3)(b) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) 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); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)
F5Words in Sch. 9 para. 3(4) substituted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) 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); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)
F6Sch. 9 para. 3(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, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(9)(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); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2))
F7Words in Sch. 9 para. 3(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 107
Commencement Information
I1Sch. 9 wholly in force at 4.4.2009; Sch. 9 not in force at Royal Assent, see s. 336(3); Sch. 9 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 33 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)