- Latest available (Revised)
- Point in Time (30/04/2021)
- Original (As enacted)
Point in time view as at 30/04/2021.
Sentencing Act 2020, PART 3 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
14U.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
I1Sch. 11 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
15U.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
I2Sch. 11 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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
I3Sch. 11 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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
I4Sch. 11 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: