Sentencing Act 2020

2020 CHAPTER 17

An Act to consolidate certain enactments relating to sentencing.

[22nd October 2020]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

FIRST GROUP OF PARTS U.K. Introductory provisions and overview

SECOND GROUP OF PARTS U.K. Provisions applying to sentencing courts generally

THIRD GROUP OF PARTS U.K. Disposals

PART 9 U.K. Community sentences

PART 10 U.K. Custodial sentences

CHAPTER 5 U.K. Suspended sentences

Modifications etc. (not altering text)

C1 Pt. 10 Ch. 5 applied (with modifications) by 2006 s. 52, ss. 200-207, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19-26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Transferring order with community requirements to Scotland or Northern Ireland U.K.

304 Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements U.K.

Schedule 17 makes provision about the transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements.

Commencement Information

I1 S. 304 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

FOURTH GROUP OF PARTS U.K. Further powers relating to sentencing

PART 11 U.K. Behaviour orders

CHAPTER 2 U.K. Sexual harm prevention orders

349 Making of sexual harm prevention order: effect on other orders U.K.

(1) Where a court makes a sexual harm prevention order in relation to an offender who is already subject to—

(a) a sexual harm prevention order, or

(b) an order under section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders under that Act),

the earlier order ceases to have effect.

(2) Where a court makes a sexual harm prevention order in relation to an offender who is already subject to—

(a) a sexual offences prevention order under section 104 of the Sexual Offences Act 2003, or

(b) a foreign travel order under section 114 of that Act,

the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.

Commencement Information

I2 S. 349 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

351 Variation of sexual harm prevention order by court in Northern Ireland E+W+N.I.

(1) This section applies where a sexual harm prevention order has been made in respect of an offender who—

(a) is residing in Northern Ireland, or

(b) is in or intends to come to Northern Ireland.

(2) An application may be made to the appropriate court in Northern Ireland—

(a) by the offender, or

(b) by the Chief Constable of the Police Service of Northern Ireland,

for an order varying the sexual harm prevention order.

(3) An application under subsection (2) may be made—

(a) where the appropriate court is the Crown Court, in accordance with rules of court;

(b) in any other case, by complaint.

(4) Subsection (5) applies where an application under subsection (2) is made.

(5) After hearing—

(a) the person making the application, and

(b) the other person mentioned in subsection (2) (if that person wishes to be heard),

the court may make any order varying the sexual harm prevention order that it considers appropriate.

This is subject to subsections (6) and (7).

(6) An order may be varied so as to impose additional prohibitions on the offender only if it is necessary to do so for the purpose of—

(a) protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(7) An order as varied under this section may contain only such prohibitions as are necessary for the purpose of—

(a) protecting the public or any particular members of the public from sexual harm from the offender, or

(b) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the offender outside the United Kingdom.

(8) The offender may appeal against the making of an order under this section, or the refusal to make such an order—

(a) where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;

(b) in any other case, to a county court in Northern Ireland.

(9) On an appeal under subsection (8)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.

(10) In this section—

• “the appropriate court” means—

  (a)

  where the sexual harm prevention order was made by—

  (i)

  the Crown Court, otherwise than on appeal from a magistrates' court, or

  (ii)

  the Court of Appeal,

  the Crown Court (in Northern Ireland);

  (b)

  where—

  (i)

  the sexual harm prevention order was made by a magistrates' court, or by the Crown Court on appeal from a magistrates' court, and

  (ii)

  the offender is aged 18 or over,

  any court of summary jurisdiction in Northern Ireland;

  (c)

  where—

  (i)

  the offender is aged under 18, and

  (ii)

  paragraph (a) does not apply,

  any youth court in Northern Ireland;

• “complaint” means a complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

Commencement Information

I3 S. 351 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

FIFTH GROUP OF PARTS U.K. Sentencing: miscellaneous provision and interpretation

SIXTH GROUP OF PARTS U.K. Supplementary

PART 14 U.K. Supplementary provision

407 Regulations and rules E+W+N.I.

(1) This section applies to—

(a) any power conferred by this Act on the Secretary of State to make regulations or rules;

(b) any power conferred by—

(i) sections 44 to 50 (criminal courts charge),

(ii) section 416(8) (commencement of amendment of the Code in Schedule 22 relating to determination of tariffs), or

(iii) paragraph 19 of Schedule 23 (power to amend minimum term of mandatory life sentence for murder),

on the Lord Chancellor to make regulations.

(2) The power is exercisable by statutory instrument.

(3) Subsections (4) to (6) apply except where otherwise provided.

(4) The power includes power to make supplementary, incidental or consequential provision.

(5) The power also includes power to make transitory, transitional or saving provision.

(6) The power may be exercised so as to make different provision—

(a) for different purposes, or

(b) for different areas.

(7) Where regulations under this Act are subject to the “affirmative resolution procedure”, the regulations must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

(8) Where regulations or rules under this Act are subject to the “negative resolution procedure” the statutory instrument containing the regulations or rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(9) Provision that may be made by regulations under this Act for which no Parliamentary procedure is required may be included in regulations that are subject to the negative or affirmative resolution procedure.

(10) Provision that may be made by regulations under this Act that are subject to the negative resolution procedure may be included in regulations that are subject to the affirmative resolution procedure.

Commencement Information

I4 S. 407 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

414 Extent U.K.

(1) Subject to the following provisions of this section and to section 415, the provisions of this Act extend to England and Wales only.

(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 219 and Schedule 11 (transfer of community orders to Scotland or Northern Ireland);

(b) section 304 and Schedule 17 (transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements);

(c) section 349(2) (effect of making sexual harm prevention order where order already exists);

(d) this section and sections 416 to 420;

(e) paragraph 18 of Schedule 16 (duty of court in Scotland or Northern Ireland when informed of suspended sentence).

(3) The following provisions extend to England and Wales and Northern Ireland—

(a) section 196 and Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland);

(b) section 351 (variation of sexual harm prevention order by court in Northern Ireland);

(c) section 407 (regulations and rules);

(d) paragraph 12 of Schedule 23 (power to amend Schedule 8 in consequence of changes to the law in Northern Ireland).

(4) The following provisions extend to England and Wales and Scotland—

(a) sections 38, 40 and 41 (effect of derogatory assertion orders);

(b) section 82 (effect of order for absolute discharge and order for conditional discharge);

(c) section 396 (execution of process between England and Wales and Scotland).

(5) Any amendment, repeal or revocation made by—

(a) Schedule 22 (amendments of the Sentencing Code and related amendments of other legislation),

(b) Schedule 24 (consequential amendments),

(c) Schedule 25 (amendments of the Armed Forces Act 2006),

(d) Schedule 26 (further amendments of the Armed Forces Act 2006), or

(e) Schedule 28 (repeals and revocations),

has the same extent in the United Kingdom as the provision to which it relates.

(6) Nothing in subsections (1) to (4) affects the extent within the United Kingdom of—

(a) any provision of or made under this Act so far as it is applied (by whatever words) by the Armed Forces Act 2006, or

(b) the repeal by this Act of any provision so far as that provision is applied (by whatever words) by the Armed Forces Act 2006.

Commencement Information

I5 S. 414 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

416 Commencement U.K.

(1) This Act comes into force on [F1 1 December 2020] (referred to in this Act as “the commencement date”).

(2) Subsections (4) to (6) of section 407 do not apply to the power conferred by subsection (1).

(3) The Sentencing Code has effect in accordance with section 2.

(4) Subsection (1) is subject to—

(a) section 417 (commencement of amendments of the Code and certain consequential amendments of other Acts),

(b) section 418 (commencement of certain amendments of the Armed Forces Act 2006),

(c) subsection (5), and

(d) subsection (9) (commencement of repeal postponed until repeal of connected provisions comes into force).

(5) Regulations under this Act may be made before [F2 1 December 2020], but may not—

(a) come into force before that date, or

(b) bring a provision into force before that date.

(6) An amendment, repeal or revocation made by Schedule 24 (consequential amendments) has effect in accordance with Part 7 of that Schedule.

(7) An amendment, repeal or revocation made by Schedule 25 (armed forces) or Schedule 28 or 29 (repeals and revocations), so far as it has effect—

(a) in relation to dealing with a person for an offence, or

(b) in relation to a sentence passed for an offence,

has effect only where the person is convicted of the offence on or after [F3 1 December 2020].

(8) But subsection (7) does not apply to the repeal by Schedule 28 of the following provisions—

(a) paragraphs 6, 36, 37, 47, 85, 86, 88, 123(2), 136, 186(2), 197(b), 200 and 205 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000;

(b) paragraphs 21(3), 26 and 64(6) of Schedule 32 to the Criminal Justice Act 2003;

(c) paragraph 100 of Schedule 4 to the Criminal Justice and Immigration Act 2008.

(9) The repeal in Schedule 28 relating to the Powers of Criminal Courts (Sentencing) Act 2000, so far as it relates to section 159 of that Act (execution of process between England and Wales and Scotland) as it applies to process issued under Schedule 5 to that Act (breach of attendance centre order), comes into force at the same time as the repeal of that Schedule by section 6(1) of the Criminal Justice and Immigration Act 2008.

Textual Amendments

F1 Words in s. 416(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(5)(a)

F2 Words in s. 416(5) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(5)(b)

F3 Words in s. 416(7) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(5)(c)

Commencement Information

I6 S. 416 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

417 Commencement of Schedule 22 U.K.

(1) Schedule 22 comes into force in accordance with regulations made by the Secretary of State, subject to the following.

Abolition of detention in a young offender institution and custody for life

(2) Paragraphs 65 and 68 come into force at the same time as paragraph 44.

(3) The following provisions come into force at the same time as section 61 of the Criminal Justice and Courts Services Act 2000 (abolition of sentences of detention in a young offender institution)—

(a) paragraphs 36 to 38, 40, 41, 45 and 46;

(b) paragraph 47(b);

(c) paragraphs 51 and 52;

(d) paragraph 53, so far as it relates to sections 264, 265, 266 to 268, 273 and 274;

(e) paragraphs 54 to 64;

(f) paragraphs 69, 70, 72 to 75, 77 and 78;

(g) Part 8 of Schedule 22 (amendments of other Acts that are consequential on paragraph (d)).

This is subject to subsection (4).

(4) If before [F4 1 December 2020] an order has been made under section 80(1) of the Criminal Justice and Court Services Act 2000 in relation to section 61 of that Act, the provisions of Schedule 22 mentioned in subsection (3)—

(a) come into force on the commencement date or, if later, the date on which section 61 of the Criminal Justice and Court Services Act 2000 comes into force, and

(b) so far as they apply—

(i) in relation to dealing with a person for an offence, or

(ii) in relation to a sentence passed for an offence,

have effect only where the person is convicted of the offence on or after the commencement date.

Paragraph (b) is subject to section 1 of the Sentencing (Pre-consolidation Amendments) Act 2020 (read with any provision that may be made under it).

Other provisions of Schedule 22

(5) Paragraph 11 (consequences for imposition of youth rehabilitation order of failure to comply with pre-sentence drug testing order) comes into force at the same time as paragraph 1 (pre-sentence drug testing).

(6) Paragraphs 21 and 22 (provisions applicable only where community order can be made in respect of offence not punishable with imprisonment) come into force at the same time as paragraph 13 (community order available for offence not punishable with imprisonment in case of wilful and persistent offender).

(7) Paragraph 28 (repeal of temporary provision resulting from paragraph 27) comes into force 2 years after paragraph 27 (detention and training orders: offenders aged under 12), and has effect only in relation to an offence of which the offender is convicted after paragraph 28 comes into force.

(8) Paragraph 85 (indeterminate sentences: determination of tariffs) comes into force in accordance with regulations made by the Lord Chancellor.

(9) Part 6 of Schedule 22 (which makes amendments in consequence of the United Kingdom's withdrawal from the EU) comes into force on IP completion day F5 ....

Textual Amendments

F4 Words in s. 417(4) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(6)(a)

F5 Words in s. 417(9) omitted (1.12.2020) by virtue of The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(6)(b)

Commencement Information

I7 S. 417 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

418 Commencement of Schedule 26 U.K.

(1) Schedule 26 (further amendments of the Armed Forces Act 2006) comes into force as follows.

(2) Paragraphs 2(a), 3(a), 4(a), 5(a), 6 to 23 and 24(c) (and paragraph 1 so far as it relates to them) come into force at the same time as section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution).

(3) Subsection (4) of section 417 applies to the provisions of Schedule 26 mentioned in subsection (2) as it applies to the provisions of Schedule 22 mentioned in subsection (3) of that section.

(4) Paragraphs 2(b), 3(b), 4(b), 5(b) and 24(a) and 24(b) (and paragraph 1 so far as it relates to them) come into force at the same time as paragraph 24 of Schedule 22 (increase in magistrates' court's power to impose imprisonment etc).

(5) Paragraph 25 (and paragraph 1 so far as it relates to it) comes into force at the same time as section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences), but only in relation to offences committed after that time.

Commencement Information

I8 S. 418 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

419 Power to state effect of commencement provisions U.K.

(1) The Secretary of State may, in connection with the coming into force of an amendment or repeal made by Schedule 22 or under Schedule 23, by regulations amend this Act to secure that—

(a) the Act specifies the purposes for which, or the cases in which, the amendment or repeal has effect;

(b) so far as practicable, any provision of the Act which, as a result of the amendment or repeal, is to continue to have effect only for particular purposes or in particular cases remains in place instead of having effect by virtue of transitional, transitory or saving provision.

(2) The regulations may make consequential amendments to any enactment.

(3) Subsections (4) and (5) of section 104 of the Deregulation Act 2015 (restrictions on power to spell out dates described in legislation) apply to regulations under this section as they apply to an order under that section.

(4) Subsections (4) and (6) of section 407 do not apply to the power conferred by this section.

(5) In this section “enactment” includes an enactment contained in subordinate legislation.

Commencement Information

I9 S. 419 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

420 Short title U.K.

This Act may be cited as the Sentencing Act 2020.

Commencement Information

I10 S. 420 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

SCHEDULES

Section 196

SCHEDULE 8 E+W+N.I. Transfer of youth rehabilitation orders to Northern Ireland

Modifications etc. (not altering text)

C2 Sch. 8 applied (with modifications) by 2008 c. 4, s. 39(6)(d), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W+N.I. Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender will reside in Northern Ireland E+W+N.I.

1 (1) This paragraph applies where— E+W+N.I.

(a) a youth rehabilitation order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a youth rehabilitation order is made, will reside there when the order takes effect.

(2) The court may make a youth rehabilitation order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by—

(i) the Probation Board for Northern Ireland, or

(ii) any other designated body, and

(b) the order will satisfy paragraphs 4 to 6.

Commencement Information

I11 Sch. 8 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of youth rehabilitation order where offender will reside in Northern Ireland E+W+N.I.

2 (1) This paragraph applies where— E+W+N.I.

(a) a youth rehabilitation order is in force,

(b) the appropriate court (within the meaning given in paragraph 14 of Schedule 7) is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by—

(i) the Probation Board for Northern Ireland, or

(ii) any other designated body.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 7 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 to 6.

Commencement Information

I12 Sch. 8 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W+N.I. Requirements etc: availability and modifications of Schedule 6

Requirements: availability and restrictions E+W+N.I.

3 E+W+N.I. This Part of this Schedule applies where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Commencement Information

I13 Sch. 8 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W+N.I. The order must not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

Commencement Information

I14 Sch. 8 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— E+W+N.I.

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an activity requirement (including an extended activity requirement);

(b) an unpaid work requirement;

(c) a programme requirement;

(d) an attendance centre requirement;

(e) a mental health treatment requirement;

(f) a drug treatment requirement;

(g) a drug testing requirement;

(h) an education requirement;

(i) an electronic monitoring requirement.

Commencement Information

I15 Sch. 8 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W+N.I. The number of hours, days or months in respect of which any requirement of the order is imposed must not be greater than the number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

Commencement Information

I16 Sch. 8 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further provisions where offender resides or will reside in Northern Ireland E+W+N.I.

7 E+W+N.I. In a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule, Chapter 1 of this Part of this Code (youth rehabilitation orders) has effect as if—

(a) any reference to the responsible officer were a reference to the person who is to be responsible for the offender's supervision under the order;

(b) section 188 (offender's home local justice area to be specified in order) were omitted;

(c) the following provisions of Schedule 6 were omitted—

(i) paragraph 8(a)(i) (consultation of member of youth offending team);

(ii) paragraphs 8(b), 11(1)(b) and 15(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement);

(iii) paragraph 23(4) (residence requirement: restriction on requiring residence at hostel or other institution);

(iv) paragraphs 32(1)(b) and (3) and 35(2)(a) and (3) (availability of requirements to be notified by Secretary of State: drug treatment and testing and electronic monitoring);

(v) paragraph 42(2) (persons responsible for electronic monitoring);

(vi) paragraph 44(2) and (3) (availability of requirements for electronic monitoring);

(d) in Part 5 of that Schedule (attendance centre requirement), any reference to an attendance centre were to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N. I. 9));

(e) in paragraph 28 of that Schedule (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident 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 (S.I. 1972/1265 (N.I. 14)), approved by the Department of Health in Northern Ireland 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));”;

(f) in Part 16 of that Schedule (education requirement) references to a relevant authority were to the Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)).

Commencement Information

I17 Sch. 8 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W+N.I. Making or amendment of order in accordance with Part 1 of this Schedule

Application E+W+N.I.

8 E+W+N.I. This Part of this Schedule applies in a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Commencement Information

I18 Sch. 8 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explanation to be given by court before order is made or amended E+W+N.I.

9 E+W+N.I. Before making or amending the youth rehabilitation order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 15(1) (order to be treated as corresponding order),

(b) the requirements of the legislation in Northern Ireland relating to corresponding orders,

(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d) its own powers in relation to the youth rehabilitation order under Part 4 of this Schedule.

Commencement Information

I19 Sch. 8 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order E+W+N.I.

10 (1) The youth rehabilitation order must specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland. E+W+N.I.

(2) If the youth rehabilitation order is made by the Crown Court and includes a direction under section 189, the order must specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England and Wales for the purposes of this Schedule.

Commencement Information

I20 Sch. 8 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies E+W+N.I.

11 (1) The court which makes or amends the youth rehabilitation order must forthwith— E+W+N.I.

(a) provide each of the persons mentioned in sub-paragraph (2) with a copy of the order as made or amended, and

(b) provide the home court with—

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

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Those persons are—

(a) the offender,

(b) if the offender is aged under 14—

(i) the offender's parent or guardian, or

(ii) if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority, and

(c) the body which is to make suitable arrangements for the offender's supervision under the order.

(3) In sub-paragraph (2)(b)(ii)—

(a) “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b) the reference to an offender who is looked after by an authority is to be construed in accordance with Article 25 of that Order, and

(c) “parental responsibility” has the same meaning as in that Order.

(4) If the court—

(a) makes a youth rehabilitation order which imposes a requirement specified in column 1 of the following table, or

(b) amends a youth rehabilitation order so as to impose or amend such a requirement,

the court must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the youth rehabilitation order or amending order as relates to the requirement—

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected
A residence requirement requiring residence with an individual.	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.	The person in charge of the institution
A mental health treatment requirement.	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.	The Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.))
An electronic monitoring requirement.	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not have been included in the order.

(5) This paragraph has effect in place of section 190.

Commencement Information

I21 Sch. 8 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W+N.I. Effect of order made or amended in accordance with Part 1 of this Schedule

Application E+W+N.I.

12 E+W+N.I. This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.

Commencement Information

I22 Sch. 8 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty of offender to keep in touch with relevant officer E+W+N.I.

13 (1) The offender— E+W+N.I.

(a) must keep in touch with the relevant officer in accordance with any instructions the relevant officer may give the offender from time to time, and

(b) must notify the relevant officer of any change of address.

(2) This obligation has effect as if it were a youth rehabilitation requirement of the youth rehabilitation order.

(3) This paragraph has effect in place of section 193.

Commencement Information

I23 Sch. 8 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction E+W+N.I.

14 E+W+N.I. Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before a court of summary jurisdiction.

Commencement Information

I24 Sch. 8 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Effect of the youth rehabilitation order in Northern Ireland E+W+N.I.

15 (1) The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly. E+W+N.I.

(2) Sub-paragraph (1) is subject to the following provisions of this Part of this Schedule.

Commencement Information

I25 Sch. 8 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of the home court in respect of the youth rehabilitation order E+W+N.I.

16 (1) The home court may exercise any relevant local power in relation to the youth rehabilitation order, subject to the following restrictions. E+W+N.I.

(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders.

(3) The home court may not discharge or revoke the order.

(4) But that does not prevent the home court from exercising a power to revoke the order where—

(a) the offender has been convicted of a further offence, and

(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5) The home court may not deal with the offender for the offence in respect of which the youth rehabilitation order was made.

(6) If the youth rehabilitation order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 18 of Schedule 6) that could not be specified by a court in England and Wales if, applying the relevant assumptions, it were imposing the requirement.

(7) For that purpose, “the relevant assumptions” are that the offender—

(a) has just been convicted by or before the court in England and Wales of the offence in respect of which the youth rehabilitation order was made, but

(b) is the same age as when in fact convicted of the offence.

Commencement Information

I26 Sch. 8 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 (1) The home court may require the offender to appear before the relevant court in England and Wales if sub-paragraph (2) or (3) applies. E+W+N.I.

(2) This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate in Northern Ireland that the offender has breached one or more requirements of the order.

(3) This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for any of the following powers to be exercised—

(a) a power conferred by Part 3 of Schedule 7 (revocation of order with or without re-sentencing);

(b) a power conferred by paragraph 15 of that Schedule (amendment by appropriate court).

Commencement Information

I27 Sch. 8 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of requirement: certificate of home court E+W+N.I.

18 (1) Where the home court requires the offender to appear before the relevant court in England and Wales by virtue of paragraph 17(2) (breach of a requirement of the order) the home court must send the court in England and Wales— E+W+N.I.

(a) a certificate certifying that the offender has breached a requirement of the order specified in the certificate, and

(b) such other particulars of the case as may be desirable.

(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the breach before the relevant court in England or Wales.

Commencement Information

I28 Sch. 8 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court in England or Wales where offender required to appear under paragraph 17 E+W+N.I.

19 (1) This paragraph applies where under paragraph 17 the home court requires the offender to appear before the relevant court in England and Wales. E+W+N.I.

(2) The relevant court may issue a warrant for the offender's arrest.

(3) The relevant court may exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales.

This is subject to paragraph 20.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to the relevant officer.

Commencement Information

I29 Sch. 8 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20 (1) This paragraph applies where— E+W+N.I.

(a) the relevant court in England and Wales is exercising a power to amend a youth rehabilitation order by virtue of paragraph 19(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the youth rehabilitation order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by—

(a) the Probation Board for Northern Ireland, or

(b) any other designated body.

(3) The court may not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

(4) The court may not amend the youth rehabilitation order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The court may not—

(a) impose a requirement, or

(b) amend a requirement imposed by the youth rehabilitation order,

so that it is imposed in respect of more hours, days or months than the maximum number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

(6) The following apply in relation to the amendment of the youth rehabilitation order by virtue of paragraph 19(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 7,

(b) paragraphs 8 to 17.

Commencement Information

I30 Sch. 8 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W+N.I. Interpretation

21 (1) For the purposes of this Schedule, in relation to a youth rehabilitation order— E+W+N.I.

• “breach”, in relation to a requirement of the order, means a failure to comply with it, and related expressions are to be read accordingly;

• “corresponding order” means the order specified under paragraph 10(1);

• “home court” means—

  (a)

  a court of summary jurisdiction in Northern Ireland, or

  (b)

  where the youth rehabilitation order was made or amended by the Crown Court and the Crown Court in Northern Ireland has not made a direction under paragraph 14, the Crown Court in Northern Ireland;

• “supervision” means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order;

• “the relevant court in England and Wales” means—

  (a)

  the court in England and Wales which made or which last amended the order, or

  (b)

  if the order was made by the Crown Court and includes a direction under section 189, such youth court or other magistrates' court as may be specified in the order;

• “the relevant officer” means the person responsible for the offender's supervision under the order.

(2) In this Schedule “designated body” means a body designated for the purposes of this Part of this Schedule by the Secretary of State by regulations.

(3) Regulations under sub-paragraph (2) are subject to the negative resolution procedure.

Commencement Information

I31 Sch. 8 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 219

SCHEDULE 11 U.K. Transfer of community orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C3 Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4 Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C5 Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 U.K. Scotland

Making of community order where offender will reside in Scotland U.K.

1 (1) This paragraph applies where— U.K.

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Scotland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and

(b) the order will satisfy paragraphs 4 and 5.

Commencement Information

I32 Sch. 11 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of community order where offender will reside in Scotland U.K.

2 (1) This paragraph applies where— U.K.

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Scotland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Scotland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.

Commencement Information

I33 Sch. 11 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements: availability and restrictions U.K.

3 U.K. Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Commencement Information

I34 Sch. 11 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 U.K. The order must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

Commencement Information

I35 Sch. 11 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(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 electronic compliance monitoring requirement.

Commencement Information

I36 Sch. 11 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule U.K.

6 U.K. Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the local authority officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”.

Commencement Information

I37 Sch. 11 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Northern Ireland

Making of community order where offender will reside in Northern Ireland U.K.

7 (1) This paragraph applies where— U.K.

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and

(b) paragraphs 10 to 12 will be satisfied in relation to the order.

Commencement Information

I38 Sch. 11 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of community order where offender will reside in Northern Ireland U.K.

8 (1) This paragraph applies where— U.K.

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 10 to 12.

Commencement Information

I39 Sch. 11 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements: availability and restrictions U.K.

9 U.K. Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Commencement Information

I40 Sch. 11 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 U.K. The order must not impose an alcohol abstinence and monitoring requirement.

Commencement Information

I41 Sch. 11 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 U.K. The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

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

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

Commencement Information

I42 Sch. 11 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 (1) The order must not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(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;

(h) an electronic compliance monitoring requirement.

Commencement Information

I43 Sch. 11 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further provision where offender resides or will reside in Northern Ireland U.K.

13 U.K. Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the probation officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means 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 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));”;

(d) in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were 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)).

Commencement Information

I44 Sch. 11 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 U.K. Making or amendment of order in accordance with Part 1 or 2 of this Schedule

Application U.K.

14 U.K. This Part of this Schedule applies in a case where a court in England and Wales makes or amends a community order in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I45 Sch. 11 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explanation to be given by court before order is made or amended U.K.

15 U.K. Before making or amending the community order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 20 (order to be treated as corresponding order),

(b) the requirements of the legislation relating to corresponding orders which has effect in Scotland or Northern Ireland (as the case may be),

(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d) its own powers in relation to the community order (see Part 4 of this Schedule).

Commencement Information

I46 Sch. 11 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order U.K.

16 (1) The community order must specify— U.K.

(a) the locality in Scotland in which the offender resides or will be residing at the relevant time, or

(b) that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2) Sub-paragraph (1) has effect in place of section 210 (offender's home local justice area to be specified).

(3) The community order must specify an order as the corresponding order for the purposes of this Schedule.

(4) The corresponding order must be an order that may be made—

(a) in the case of a Scottish community order, by a court in Scotland;

(b) in the case of a Northern Ireland community order, by a court in Northern Ireland.

(5) A Scottish community order which specifies as the corresponding order a community payback order within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 must also specify the appropriate court for the purposes of sections 227A to 227ZK of that Act.

(6) That court—

(a) must be a court of summary jurisdiction having jurisdiction in the locality specified under sub-paragraph (1)(a), and

(b) must, in the case of an offender convicted on indictment, be the sheriff court.

Commencement Information

I47 Sch. 11 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

17 (1) The court which makes or amends the community order must— U.K.

(a) forthwith provide the offender with a copy of the order as made or amended, and

(b) provide the home court with—

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

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Where the court—

(a) makes a community order which imposes a requirement specified in column 1 of the table in sub-paragraph (3), or

(b) amends a community order so as to impose or amend such a requirement,

it must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the community order or amending order as relates to that requirement.

(3) The table is—

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(4) This paragraph has effect in place of section 212 (provision of copies of relevant orders).

Commencement Information

I48 Sch. 11 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 U.K. Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

Application U.K.

18 U.K. This Part of this Schedule applies where a community order has effect as made or amended in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I49 Sch. 11 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty to keep in touch with responsible officer U.K.

19 (1) The offender must keep in touch— U.K.

(a) with the local authority officer concerned, in the case of a Scottish community order, or

(b) with the probation officer concerned, in the case of a Northern Ireland community order,

in accordance with such instructions as the officer may give the offender from time to time.

(2) That obligation is enforceable as if it were a requirement imposed by the community order.

(3) This paragraph has effect in place of section 215.

Commencement Information

I50 Sch. 11 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order to be treated as corresponding order in certain circumstances U.K.

20 (1) The community order is to be treated as if it were a corresponding order. U.K.

(2) The relevant home legislation applies accordingly.

(3) In this Schedule, “relevant home legislation”—

(a) in relation to a Scottish community order, means the legislation relating to corresponding orders that has effect in Scotland;

(b) in relation to a Northern Ireland community order, means the legislation relating to corresponding orders that has effect in Northern Ireland.

(4) This paragraph is subject to the following provisions of this Part of this Schedule.

Commencement Information

I51 Sch. 11 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise by home court of powers relating to corresponding orders U.K.

21 (1) The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions. U.K.

(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.

(3) The home court may not discharge or revoke the order.

(4) But that does not prevent the home court from exercising a power to revoke the order where—

(a) the offender has been convicted of a further offence, and

(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5) The home court may not deal with the offender for the offence in respect of which the community order was made.

(6) If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.

(7) If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.

(8) For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—

(a) the court which made the order is now making the community order, and

(b) the offender has just been convicted by or before it of the offence in respect of which the community order was made.

Commencement Information

I52 Sch. 11 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of home court to require offender to appear before court in England and Wales U.K.

22 (1) Where the home court is of the opinion that— U.K.

(a) the offender has breached any of the requirements of the order, or

(b) it would be in the interests of justice for a power conferred by Part 3 of Schedule 10 (revocation of order with or without re-sentencing) to be exercised,

the home court may require the offender to appear before the court which made the order or which last amended the order in England and Wales.

(2) The court may form an opinion within sub-paragraph (1)(a) for the purposes of this paragraph only—

(a) on information from the local authority officer concerned, if the home court is in Scotland, or

(b) upon a complaint being made to a lay magistrate, if the home court is in Northern Ireland.

(3) The court may form an opinion within sub-paragraph (1)(b) for the purposes of this paragraph only on the application—

(a) of the offender, or

(b) of—

(i) the local authority officer concerned, if the home court is in Scotland;

(ii) the probation officer concerned, if the home court is in Northern Ireland.

Commencement Information

I53 Sch. 11 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Home court to certify breach of requirement U.K.

23 (1) Where the home court requires the offender to appear before a court in England and Wales by virtue of paragraph 22(1)(a) (breach of a requirement of the order), the home court must send the court in England and Wales— U.K.

(a) a certificate certifying that the offender has breached a requirement of the community order specified in the certificate, and

(b) such other particulars of the case as may be desirable.

(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court is admissible as evidence of the breach before the court in England and Wales.

Commencement Information

I54 Sch. 11 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court in England and Wales where offender required to appear under paragraph 22 U.K.

24 (1) This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales. U.K.

(2) The court in England and Wales may issue a warrant for the offender's arrest.

(3) The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales.

This is subject to paragraphs 25 and 26.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to—

(a) the local authority officer concerned, in the case of a Scottish community order;

(b) the probation officer concerned, in the case of a Northern Ireland community order.

Commencement Information

I55 Sch. 11 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 (1) This paragraph applies where— U.K.

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Scotland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(3) The court may not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement;

(4) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 6;

(b) paragraphs 14 to 23.

Commencement Information

I56 Sch. 11 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

26 (1) This paragraph applies where— U.K.

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(3) The court may not impose an alcohol abstinence and monitoring requirement.

(4) The court may not amend the community order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

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

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

(5) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 12.

(6) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—

(a) paragraph 13;

(b) paragraphs 14 to 23.

Commencement Information

I57 Sch. 11 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 U.K. Interpretation

27 U.K. In this Schedule—

• “breach”, in relation to a requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “corresponding order”, in relation to a community order, means the order specified under paragraph 16(3);

• “home court” means—

  (a)

  if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

  (b)

  if the offender resides in Northern Ireland, or will be residing there at the relevant time, a court of summary jurisdiction;

• “the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 responsible for—

  (a)

  the offender's supervision, and

  (b)

  discharging in relation to the offender the functions of the responsible officer under sections 227A to 227ZK of the Criminal Procedure (Scotland) Act 1995;

• “the local council in Scotland” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing at the relevant time;

• “Northern Ireland community order” means a community order made or amended in accordance with Part 2 of this Schedule;

• “the probation officer concerned”, in relation to an offender, means the probation officer responsible for—

  (a)

  the offender's supervision, or

  (b)

  as the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

• “relevant home legislation” has the meaning given by paragraph 20(3);

• “the relevant time”, in relation to the making or amendment of an order in accordance with Part 1, 2 or 4 of this Schedule, means the time when the order or the amendment to it comes into force;

• “Scottish community order” means a community order made or amended in accordance with Part 1 of this Schedule.

Commencement Information

I58 Sch. 11 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 303

SCHEDULE 16 U.K. Breach or amendment of suspended sentence order, and effect of further conviction

Modifications etc. (not altering text)

C6 Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 2 U.K. Breach of community requirement or conviction of further offence

Duty of court in Scotland or Northern Ireland when informed of suspended sentence U.K.

18 U.K. Where—

(a) an offender is convicted in Scotland or Northern Ireland of an offence, and

(b) the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,

the court must give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.

Commencement Information

I59 Sch. 16 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 304

SCHEDULE 17 U.K. Transfer of suspended sentence orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C7 Sch. 17 applied (with modifications) by 2006 c. 52, ss. 200, 204 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 U.K. Scotland

Restriction on making relevant suspended sentence order where offender resides in Scotland U.K.

1 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Scotland, or

(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2) The court may make a relevant suspended sentence order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and

(b) the order will satisfy paragraphs 8 and 9.

(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Modifications etc. (not altering text)

C8 Sch. 17 para. 1 modified by 2006 c. 52, s. 200(1)(e)(i) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I60 Sch. 17 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of relevant suspended sentence order to become SSSO U.K.

2 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is in force,

(b) the appropriate court is satisfied that the offender—

(i) resides in Scotland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Scotland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

Commencement Information

I61 Sch. 17 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 2. U.K.

(2) If the court amends a relevant suspended sentence order in accordance with paragraph 2, it may not provide for it to be subject to review.

Commencement Information

I62 Sch. 17 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Northern Ireland

Restriction on making suspended sentence order where offender resides in Northern Ireland U.K.

4 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2) The court may make a relevant suspended sentence order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and

(b) the order will satisfy paragraphs 8 and 9.

(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Modifications etc. (not altering text)

C9 Sch. 17 para. 4 modified by 2006 c. 52, s. 200(1)(e)(ii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I63 Sch. 17 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of relevant suspended sentence order to become an NISSO U.K.

5 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is in force,

(b) the appropriate court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

Commencement Information

I64 Sch. 17 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 5. U.K.

(2) If the court amends a relevant suspended sentence order in accordance with paragraph 5, it may not provide for it to be subject to review.

Commencement Information

I65 Sch. 17 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 U.K. Making of orders

Modifications etc. (not altering text)

C10 Sch. 17 Pt. 3 modified by 2006 c. 52, s. 200(1)(e)(iii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Making or amending a suspended sentence order under U.K.

7 U.K. This Part of this Schedule applies where, in accordance with Part 1 or 2 of this Schedule, a court—

(a) makes an SSSO or an NISSO, or

(b) amends a suspended sentence order so as to become an SSSO or an NISSO.

Commencement Information

I66 Sch. 17 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community requirements: availability and restrictions on imposition U.K.

8 (1) If the order is an SSSO, it must not impose— U.K.

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

(2) If the order is an NISSO—

(a) it must not impose an alcohol abstinence and monitoring requirement;

(b) it must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

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

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

Commencement Information

I67 Sch. 17 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 (1) The order, as made or amended, may not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(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) in relation to an NISSO, an attendance centre requirement;

(h) an electronic compliance monitoring requirement.

Commencement Information

I68 Sch. 17 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 U.K. Schedule 9 (requirements) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i) in relation to an SSSO or proposed SSSO—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”;

(ii) in relation to an NISSO or proposed NISSO—

““in-patient treatment” means 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 for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in relation to an NISSO or proposed NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were 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)).

Commencement Information

I69 Sch. 17 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order U.K.

11 (1) The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must— U.K.

(a) if it is an SSSO, specify the local authority area in Scotland in which the offender resides or will be residing at the relevant time, or

(b) if it is an NISSO, specify that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2) This paragraph has effect in place of section 296 (offender's home local justice area to be specified).

Commencement Information

I70 Sch. 17 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order to require home authority to appoint relevant officer U.K.

12 U.K. The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must require the home authority to appoint or assign—

(a) an officer, in the case of an SSSO, or

(b) a probation officer, in the case of an NISSO,

who will be responsible for discharging in relation to the offender the functions conferred on responsible officers in relation to relevant suspended sentence orders by this Code.

Commencement Information

I71 Sch. 17 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

13 (1) This paragraph applies where a court makes an order (“the transferring order”) which makes or amends a suspended sentence order as mentioned in paragraph 7. U.K.

(2) The court must forthwith provide the offender with a copy of the transferring order.

(3) The court must provide—

(a) the home authority, and

(b) the home court,

with the relevant documents.

(4) In sub-paragraph (3), “the relevant documents” means—

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

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

(5) Where the transferring order imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the transferring order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(6) Sub-paragraphs (7) and (8) apply where the transferring order is an order amending a suspended sentence order in accordance with paragraph 2 or 5.

(7) The court must provide a copy of the transferring order to the responsible officer.

(8) Where the court making the transferring order acts in a local justice area other than the offender's home local justice area specified in the suspended sentence order prior to the amendment (“the former home area”), the court must provide a copy of the transferring order to a magistrates' court acting in the former home area.

(9) This paragraph applies in place of—

(a) section 298 (provision of copies of suspended sentence orders), and

(b) paragraph 28 of Schedule 16 (provision of copies following amendment of suspended sentence order).

Commencement Information

I72 Sch. 17 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 U.K. Provisions where SSSO or NISSO is in force

Application U.K.

14 (1) This Part of this Schedule applies while an SSSO or NISSO is in force in relation to an offender. U.K.

(2) This is subject to Part 8 of this Schedule (transfer to England and Wales).

Commencement Information

I73 Sch. 17 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of responsible officer to be carried out by relevant officer U.K.

15 U.K. Sections 300 to 302 (role of responsible officer) apply as if any reference to the responsible officer were to the relevant officer.

Commencement Information

I74 Sch. 17 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community requirements U.K.

16 U.K. Schedule 9 (requirements) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i) in relation to an SSSO—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”;

(ii) in relation to an NISSO—

““in-patient treatment” means 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 for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in relation to an NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were 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)).

Commencement Information

I75 Sch. 17 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 U.K. Breach of community requirement

Application U.K.

17 U.K. This Part of this Schedule—

(a) applies where an SSSO or an NISSO is in force in respect of an offender, and

(b) includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).

Commencement Information

I76 Sch. 17 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of community requirement: duty to give warning or refer to home court U.K.

18 (1) This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order. U.K.

(2) If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—

(a) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(b) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(3) Otherwise the officer must—

(a) give the offender a warning under this paragraph,

(b) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(c) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the relevant officer must record that fact.

(6) For the purposes of sub-paragraph (2), a relevant warning is a warning under—

(a) this paragraph, or

(b) paragraph 6 of Schedule 16 (corresponding provision for order not transferred to Scotland or Northern Ireland).

(7) If the suspended sentence order is amended under paragraph 35 (transfer back to England and Wales), the reference in paragraph 6(2) of Schedule 16 to a previous warning under paragraph 6 of that Schedule includes a reference to a warning under this paragraph.

Commencement Information

I77 Sch. 17 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of citation or warrant by home court U.K.

19 (1) Sub-paragraph (2) applies where it appears to the home court— U.K.

(a) if that court is in Scotland, on information from the relevant officer, or

(b) if that court is in Northern Ireland, upon a complaint being made by the relevant officer,

that the offender has breached a community requirement of the suspended sentence order without reasonable excuse.

(2) The home court may—

(a) if it is in Scotland—

(i) issue a citation requiring the offender to appear before it at the time specified in the citation, or

(ii) issue a warrant for the offender's arrest;

(b) if it is in Northern Ireland—

(i) issue a summons requiring the offender to appear before it at the time specified in the summons, or

(ii) issue a warrant for the offender' arrest.

Commencement Information

I78 Sch. 17 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of home court to determine breach or refer to original court U.K.

20 (1) The court before which an offender appears or is brought by virtue of paragraph 19 must— U.K.

(a) determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or

(b) require the offender to appear before the original court.

(2) Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.

(3) The court must—

(a) require the offender to appear before the original court, and

(b) send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.

(4) Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).

(5) Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.

(6) Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.

(7) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).

Commencement Information

I79 Sch. 17 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Determination by home court of breach of community requirement: further provision U.K.

21 (1) Sub-paragraph (2) applies where an offender— U.K.

(a) is required by any of the following community requirements of a suspended sentence order to submit to treatment—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.

(3) Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.

(4) If the order—

(a) is an SSSO, and

(b) contains an electronic monitoring requirement,

section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).

Commencement Information

I80 Sch. 17 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 U.K. Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).

Commencement Information

I81 Sch. 17 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of Part 2 of Schedule 16 etc U.K.

23 (1) Part 2 of Schedule 16 (breach of community requirement and effect of further conviction), apart from paragraphs 6 and 7, applies as if— U.K.

(a) any reference to the responsible officer were to the relevant officer;

(b) any reference to a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;

(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d) any reference to the appropriate court were to the original court;

(e) for sub-paragraphs (i) and (ii) of paragraph 8(3)(b) there were substituted “ the same local justice area as the original court ”.

(2) No court in England and Wales may exercise any power in relation to any breach by the offender of a community requirement of the order unless the offender has been required to appear before that court in accordance with paragraph 20(1)(b) or (3)(a).

Commencement Information

I82 Sch. 17 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 U.K. Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland

Application U.K.

24 U.K. This Part of this Schedule—

(a) applies where an SSSO or an NISSO is in force in respect of an offender, and

(b) includes provisions that modify, or apply in place of, certain provisions of Part 3 of Schedule 16 (amendment of suspended sentence order).

Commencement Information

I83 Sch. 17 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of Part 3 of Schedule 16 U.K.

25 U.K. Part 3 of Schedule 16 (amendment of suspended sentence order) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) any reference a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;

(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d) any reference to the appropriate court were to the original court;

(e) in the case of an SSSO, in paragraphs 23 and 24 of that Schedule (amendment by reason of change of residence), any reference to the offender's home local justice area were to the local authority area specified in the order, and any other reference to a local justice area were to a local authority area;

(f) in the case of an NISSO, those paragraphs were omitted.

Commencement Information

I84 Sch. 17 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers to amend suspended sentence order exercisable by home court U.K.

26 (1) The home court may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) as if it were the original court. U.K.

This is subject to sub-paragraph (2).

(2) Where paragraph 25(7) of Schedule 16 (power to deal with offender who fails to express willingness to comply with amended treatment requirement) applies, the home court—

(a) may not exercise the power conferred by that provision, and

(b) must require the offender to appear before the original court.

(3) See paragraph 27 and Part 7 of this Schedule for provisions that apply to the home court where it exercises a power by virtue of sub-paragraph (1).

Commencement Information

I85 Sch. 17 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Cases in which offender is to be required to appear before home court U.K.

27 (1) This paragraph applies in place of sub-paragraphs (5) and (6) of paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) in relation to any exercise by the home court of the power conferred by sub-paragraph (1) of that paragraph. U.K.

(2) Before exercising the power, the home court must issue—

(a) a citation, if it is Scotland, or

(b) a summons, if it is in Northern Ireland,

requiring the offender to appear before it.

(3) If the offender does not appear in answer to a citation or summons under sub-paragraph (2), the court may issue a warrant for the offender's arrest.

(4) Sub-paragraph (2) does not apply where the home court exercises the power—

(a) on the application of the offender, or

(b) to cancel a community requirement of the suspended sentence order.

Commencement Information

I86 Sch. 17 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modification of sections 300 to 302 and Schedule 9 U.K.

28 (1) This paragraph applies where the home court is considering amending an SSSO or an NISSO under Part 3 of Schedule 16 by virtue of this Part of this Schedule. U.K.

(2) Sections 300 to 302 (functions of responsible officer) and Schedule 9 (requirements) apply as if any reference to a provider of probation services were—

(a) in the case of an SSSO, to a local authority in Scotland;

(b) in the case of an NISSO, to the Probation Board for Northern Ireland.

Commencement Information

I87 Sch. 17 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power for home court to refer application to original court U.K.

29 (1) This paragraph applies where an application is made to the home court under Part 3 of Schedule 16 by virtue of paragraph 26 of this Schedule (powers to amend order exercisable by home court). U.K.

(2) The home court may (instead of dealing with the application) require the offender to appear before the original court.

Commencement Information

I88 Sch. 17 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers exercisable by court in England and Wales only after home court consideration U.K.

30 (1) No court in England and Wales may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) unless the offender has been required to appear before that court in accordance with— U.K.

(a) paragraph 26(2)(b) of this Schedule (refusal of offender to express willingness to comply with amended treatment requirement), or

(b) paragraph 29(2) of this Schedule (power of home court to refer application to original court).

(2) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power in the circumstances mentioned in sub-paragraph (1)(a) or (b).

Commencement Information

I89 Sch. 17 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 U.K. Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

Application U.K.

31 U.K. This Part of this Schedule applies where—

(a) a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,

(b) the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or

(c) a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.

Commencement Information

I90 Sch. 17 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on exercise of powers to amend order U.K.

32 (1) The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender's supervision can be made by— U.K.

(a) the local council in Scotland, if the order is an SSSO, or

(b) the Probation Board for Northern Ireland, if the order is an NISSO.

(2) If the order is an SSSO, the court must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

(3) If the order is an NISSO—

(a) the court must not impose an alcohol abstinence and monitoring requirement;

(b) the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

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

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

(4) The court must not impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(5) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(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) in relation to an NISSO, an attendance centre requirement;

(h) an electronic compliance monitoring requirement.

(6) The court may not provide for the SSSO or NISSO to be subject to review.

Commencement Information

I91 Sch. 17 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

33 (1) This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies. U.K.

(2) The court must provide copies of the amending order to—

(a) the offender, and

(b) the relevant officer.

(3) Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide—

(a) the home authority, and

(b) the home court,

with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.

Commencement Information

I92 Sch. 17 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Application of provisions of Part 3 of this Schedule U.K.

34 U.K. Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I93 Sch. 17 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 U.K. Amendment of order: return to England and Wales

Amendment of order: return to England and Wales U.K.

35 (1) This paragraph applies where— U.K.

(a) an SSSO or NISSO is in force in respect of an offender, and

(b) the home court is satisfied that the offender is residing or proposes to reside in England and Wales.

(2) The home court—

(a) may, and

(b) on the application of the relevant officer must,

amend the suspended sentence order by requiring it to be complied with in England and Wales.

Commencement Information

I94 Sch. 17 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on exercise of power under this Part of this Schedule U.K.

36 (1) This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside. U.K.

(2) The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—

(a) cancels those requirements, or

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

Commencement Information

I95 Sch. 17 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

37 (1) This paragraph applies where the SSSO or NISSO imposes a programme requirement. U.K.

(2) The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.

Commencement Information

I96 Sch. 17 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making of order under this Part of this Schedule U.K.

38 (1) This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO. U.K.

(2) The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).

(3) The home court must—

(a) provide copies of the amending order to—

(i) the offender,

(ii) the relevant officer, and

(iii) a provider of probation services operating in the new local justice area, and

(b) provide the magistrates' court acting in that area with—

(i) a copy of the amending order, and

(ii) such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).

(4) The relevant suspended sentence order ceases to be an SSSO or NISSO.

Commencement Information

I97 Sch. 17 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 U.K. Supplementary

Electronic monitoring and SSSO U.K.

39 U.K. Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the community requirements of a suspended sentence order made or amended in accordance with paragraph 1 or 2 of this Schedule.

Commencement Information

I98 Sch. 17 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Service of citation or warrant U.K.

40 (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 19(2)(a) or 27(2)(a) or (3) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995. U.K.

(2) A summons issued by a court in Northern Ireland under paragraph 19(2)(b) or 27(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.

Commencement Information

I99 Sch. 17 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 U.K. Interpretation

41 (1) In this Schedule— U.K.

• “the appropriate court” has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);

• “breach” in relation to a community requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “the home authority”—

  (a)

  in relation to an SSSO, means the local authority for the local authority area specified in the order;

  (b)

  in relation to an NISSO, means the Probation Board for Northern Ireland;

• “home court” means—

  (a)

  in the case of an SSSO, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

  (b)

  in the case of an NISSO, a court of summary jurisdiction in Northern Ireland;

• “local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act;

• “the local council in Scotland”, in relation to an SSSO, means the local authority in whose area the offender resides, or will be residing at the relevant time;

• “NISSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 2 of this Schedule (Northern Ireland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales);

• “original court”, in relation to an SSSO or an NISSO, means the court in England and Wales which made or last amended the order;

• “the relevant officer” means—

  (a)

  in relation to an SSSO, the local authority officer appointed or assigned under paragraph 12;

  (b)

  in relation to an NISSO, the probation officer appointed or assigned under paragraph 12;

• “relevant suspended sentence order” means a suspended sentence order that imposes one or more community requirements;

• “the relevant time”—

  (a)

  in relation to making, or amending a suspended sentence order so as to become, an SSSO or an NISSO, means the time when the order or the amendment comes into force;

  (b)

  in relation to the amendment of an SSSO or NISSO, means the time when the amendment comes into force;

• “SSSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 1 of this Schedule (Scotland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales).

(2) For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—

(a) the order is subject to review in accordance with section 293(1), or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

Commencement Information

I100 Sch. 17 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 409

SCHEDULE 23 E+W+N.I. Powers to amend the Sentencing Code

PART 5 E+W+N.I. Youth rehabilitation orders

Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland E+W+N.I.

12 (1) This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction. E+W+N.I.

(2) The Secretary of State may by regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I101 Sch. 23 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2