The Criminal Justice (Northern Ireland) Order 1996

Article 16.

SCHEDULE 2N.I.ENFORCEMENT ETC. OF COMMUNITY ORDERS

PART IN.I.PRELIMINARY

1.  F1In this Schedule—N.I.

• “relevant order” means a probation order F1 or a community service order; and

• F2...F1

PART IIN.I.BREACH OF REQUIREMENT OF ORDER

Issue of summons or warrantN.I.

2.—(1) If at any time while a relevant order is in force in respect of an offender it appears on complaint to a justice of the peace that the offender has failed to comply with any of the requirements of the order, the justice may —N.I.

(a)issue a summons requiring the offender to appear at the place and time specified in it; or

(b)if the complaint is in writing and on oath, issue a warrant for his arrest.

[F3(2) Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—

(a)in the case of a drug treatment and testing order, before the court responsible for the order;

(b)in the case of any other order—

(i)if the order was made by the Crown Court, before that court;

(ii)if the order was made by a magistrates' court, before a court of summary jurisdiction F4....

(3) If—

(a)a warrant is issued under this paragraph requiring an offender to be brought before the Crown Court, and

(b)the offender cannot forthwith be brought before the Crown Court because it is not being held,

the warrant shall have effect as if it directed the offender to be brought before a magistrates' court F5....

(4) Where an offender is brought before a magistrates' court in pursuance of sub-paragraph (3), that court shall commit the offender in custody or on bail to the Crown Court.]

Powers of court of summary jurisdictionN.I.

3.—(1) [F6Where under paragraph 2 an offender is brought or appears before a court of summary jurisdiction and it is proved to the satisfaction of the court] that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—N.I.

(a)it may impose on him a fine not exceeding £1,000;

(b)subject to paragraph 6(3) to (5), it may make a community service order in respect of him;

(c)where the relevant order is a probation order and the case is one to which[F7 Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies, it may make an order under that Article] requiring him to attend at an attendance centre; or

(d)F8. . . , it may revoke the order and deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

(2) In dealing with an offender under sub-paragraph (1)(d), a court of summary jurisdiction—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and,

(b)may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.

(3) F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Crown CourtN.I.

4.—(1) WhereF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an offender is brought or appears before the Crown Court and it is proved to the satisfaction of the court that he has failed to comply with any of the requirements of the relevant order, that court may deal with him in respect of the failure in any one of the following ways, namely—N.I.

(a)it may impose on him a fine not exceeding £1,000;

(b)subject to paragraph 6(3) to (5), it may make a community service order in respect of him;

(c)where the relevant order is a probation order and the case is one to which[F12 Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies, it may make an order under that Article] requiring him to attend at an attendance centre; or

(d)it may revoke the order and deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.

(2) In dealing with an offender under sub-paragraph (1)(d), the Crown court—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and

(b)may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.

(3) In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

ExclusionsN.I.

5.—(1) Without prejudice to paragraphs 7 and 8, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 in respect of a failure to comply with any requirement of the order.N.I.

(2) An offender who F13is required by a probation order to submit to treatment for his mental condition, or his dependency on drugs or alcohol, shall not be treated for the purposes of paragraph 3 or 4 as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

SupplementalN.I.

6.—(1) Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a), (b) or (c) shall be without prejudice to the continuance of the relevant order.N.I.

(2) A fine imposed under paragraph 3(1)(a) or 4(1)(a) shall be deemed for the purposes of any statutory provision to be a sum adjudged to be paid by a conviction.

(3) The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b)—

(a)shall be specified in the order and shall not exceed 60 in the aggregate; and

(b)where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in Article 13(2).

(4) Article 13(4) and, so far as applicable—

(a)the provisions of this Order relating to community service orders; and

(b)the provisions of this Schedule so far as so relating,

shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) as they have effect in relation to a community service order in respect of an offender.

(5) Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4), the powers conferred by those provisions to deal with the offender for the offence in respect of which the community service order was made shall be construed as powers to deal with the offender for the failure to comply with the requirements of the relevant order in respect of which the community service order was made.

(6) In its application to combination orders, sub-paragraph (3) shall have effect as if the reference to Article 13(2) were a reference to Article 15(1).

PART IIIN.I.REVOCATION OF ORDER

Revocation of order with or without re-sentencingN.I.

7.—(1) This paragraph applies where a relevant order [F14made by a magistrates' court] is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a court of summary jurisdiction F15... that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—N.I.

(a)that the order should be revoked; or

(b)that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

[F16(2) The court may—

(a)revoke the order; or

(b)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.]

(3) The circumstances in which a probation order may be revoked under [F17sub-paragraph (2)(a)] shall include the offender's making good progress or his responding satisfactorily to supervision.

(4) In dealing with an offender under [F18sub-paragraph (2)(b)], a court of summary jurisdiction shall take into account the extent to which the offender has complied with the requirements of the relevant order.

(5) F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where a court of summary jurisdiction proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

(7) No application may be made by the offender under sub-paragraph (1) while an appeal against the relevant order is pending.

8.—[F20(1) This paragraph applies where —N.I.

(a)a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other way for the offences in respect of which the order was made; or

(b)an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court.]

(2) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a)revoke the order; or

(b)revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.

(3) The circumstances in which a probation order may be revoked under sub-paragraph (2)(a) shall include the offender's making good progress or his responding satisfactorily to supervision.

(4) In dealing with an offender under sub-paragraph (2)(b), the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

[F21(5) Where this paragraph applies by virtue of sub-paragraph (1)(a) and the Crown Court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

(6) No application may be made by the offender under sub-paragraph (1)(a) while an appeal against the relevant order is pending.]

Revocation of order following custodial sentenceN.I.

9.—(1) This paragraph applies where—N.I.

F22(a)an offender in respect of whom a relevant order is in force is convicted of an offence before a court of summary jurisdiction other than a court of summary jurisdiction acting for the petty sessions district concerned; and

(b)the court imposes a custodial sentence on the offender.

(2) If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may—

(a)if the order was made by a magistrates' court revoke it; and

(b)if the order was made by the Crown Court, commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.

(3) Where the court deals with an offender's case under sub-paragraph (2)(b), it shall send to the Crown Court such particulars of the case as may be desirable.

10.  Where by virtue of paragraph 9(2)(b) an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.N.I.

SupplementalN.I.

11.—(1) On the making under this Part of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer.N.I.

(2) A responsible officer to whom in accordance with sub-paragraph (1) copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.

(3) Where a probation order is in force in respect of an offender under the age of 21 years who is subsequently committed toF23 a[F24 juvenile justice centre under the Criminal Justice (Children) (Northern Ireland) Order 1998] or to a young offenders centre, the probation officer who supervises the case shall send such documents and information relating to the case as he considers likely to be of assistance toF23 the[F24 managers of the juvenile justice centre] or, as the case may be, the governor of the young offenders centre.

PART IVN.I.AMENDMENT OF ORDER

Amendment by reason of change of residenceN.I.

F2512.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Amendment of requirements of probation orderN.I.

13.—(1) [F26A court of summary jurisdiction] may, on the application of the offender or the + responsible officer, by order amend a probation order—

(a)by cancelling any of the requirements of the order; or

(b)by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were then making the order.

(2) A court of summary jurisdiction shall not amend a probation order under sub-paragraph (1)—

(a)by reducing the probation period, or by extending that period beyond the end of 3 years from the date of the original order; or

(b)by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on drugs or alcohol, unless the amending order is made within 3 months after the date of the original order.

(3) In this paragraph and paragraph 14, references to the offender's dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.

14.—(1) Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order—N.I.

(a)is of the opinion mentioned in sub-paragraph (2); or

(b)is for any reason unwilling to continue to treat or direct the treatment of the offender,

he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 to a court of summary jurisdiction F27... for the variation or cancellation of the requirement.

(2) The opinion referred to in sub-paragraph (1) is—

(a)that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

(b)that the offender needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order;

(c)that the offender is not susceptible to treatment; or

(d)that the offender does not require further treatment.

F28N.I.N.I.

Extension of community service orderN.I.

15.  Where—N.I.

(a)a community service order is in force in respect of any offender; and

(b)on the application of the offender or the responsible officer, it appears to a court of summary jurisdiction F29... that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of 12 months specified in Article 14(2).

SupplementalN.I.

16.  No order may be made under paragraph 12, and no application may be made under paragraph 13 or 15 F30, while an appeal against the relevant order is pending.N.I.

17.—(1) Subject to sub-paragraph (2), where a court proposes to exercise its powers under this Part, otherwise than on the application of the offender, the court—N.I.

(a)shall summon him to appear before the court; and

(b)if he does not appear in answer to the summons, may issue a warrant for his arrest;

and the court shall not amend a relevant order under this Part unless the offender expresses his willingness to comply with the requirements of the order as amended.

(2) This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirementF31....

18.—(1) On the making under this Part of an order amending a relevant order F32, the clerk to the court shall [F33forthwith give copies of the amending order to the responsible officer] .N.I.

F32(2) A responsible officer to whom in accordance with sub-paragraph (1) F32copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.

(3) Where a probation order is in force in respect of an offender under the age of 21 years who is subsequently committed toF34 a[F35 juvenile justice centre under the Criminal Justice (Children) (Northern Ireland) Order 1998] or to a young offenders centre, the probation officer who supervises the case shall send such documents and information relating to the case as he considers likely to be of assistance toF34 the[F35 managers of the juvenile justice centre] or, as the case may be, the governor of the young offenders centre.