SCHEDULE 11Transfer of community orders to Scotland or Northern Ireland
PART 3Making or amendment of order in accordance with Part 1 or 2 of this Schedule
Application
14
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.
Explanation to be given by court before order is made or amended
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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).
Matters to be specified in the order
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(1)
The community order must specify—
(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.
Provision of copies
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(1)
The court which makes or amends the community order must—
(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).