SCHEDULES
C2SCHEDULE 17Transfer of suspended sentence orders to Scotland or Northern Ireland
C1PART 3Making of orders
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)
Provision of copies
I113
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.
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).
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)