Criminal Justice Act 1991

Section 16.

SCHEDULE 3U.K. Reciprocal Enforcement of Certain Orders

F1Part IU.K. Transfer of Community Orders to Scotland or Northern Ireland

Probation orders: ScotlandU.K.

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Probation orders: Northern IrelandU.K.

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Community service orders: ScotlandU.K.

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Community service orders: Northern IrelandU.K.

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Combination orders: ScotlandU.K.

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GeneralU.K.

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Part IIU.K. Transfer of Corresponding Orders from Scotland

Probation ordersU.K.

7(1)The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.U.K.

(2)In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words “by the local authority in whose area he resides or is to reside” there shall be substituted the following paragraphs—

“(a)in a case other than that mentioned in paragraph (b) below, by the local authority in whose area he resides or is to reside; or

(b)in a case where, by virtue of section 188(1) of this Act, subsection (2) of this section would not apply, by the probation committee for the area which contains the petty sessions area which would be named in the order”.

(3)In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)—

(a)in subsection (1)—

(i)for the words “that the offender shall perform unpaid work” there shall be substituted the words “which, while corresponding to a requirement mentioned in paragraph 2 or 3 of Schedule 1A to the M7Powers of Criminal Courts Act 1973, would if included in a probation order made under that Act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that Schedule”;

(ii)for the word “17” there shall be substituted the word “16”’

(iii)the word “and”, where it secondly occurs, shall cease to have effect; and

(iv)at the end there shall be added the words “; and where the order includes a requirement that the probationer perform unpaid work for a number of hours, the number specified shall not exceed one hundred.”;

(b)in subsection (2)—

(i)for the words “that the probationer has attained the age of 17 years and proposes to reside in or is residing in England” there shall be substituted the following paragraphs—

“(a)that the probationer has attained the age of 16 years;

(b)that he proposes to reside, or is residing, in England; and

(c)that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside”; and

(ii)after the word “section”, where it secondly occurs, there shall be inserted the words “or to vary any requirement for performance of unpaid work so that such hours as remain to be worked do not exceed one hundred”;

(c)in subsection (3)—

(i)in paragraph (a), for the words “section 3(2) of” and “section 3 of” there shall be substituted, respectively, the words “paragraph 5(3) of Schedule 1A to” and “paragraph 5 of Schedule 1A to”; and

(ii)in paragraph (b), for the words “subsections (4) to (6) of section 3 of” there shall be substituted the words “sub-paragraphs (5) to (7) of paragraph 5 of Schedule 1A to”;

(d)in subsection (4), for the words from “the Powers” to the end of the proviso there shall be substituted the words “Schedule 2 to the Criminal Justice Act 1991 shall apply to the order—

(a)except in the case mentioned in paragraph (b) below, as if that order were a probation order made under section 2 of the Powers of Criminal Courts Act 1973; and

(b)in the case of an order which contains a requirement such as is mentioned in subsection (5A) of section 183 or 384 of this Act, as if it were a combination order made under section 11 of the said Act of 1991:

Provided that Part III of that Schedule shall not so apply; and sub-paragraphs (3) and (4) of paragraph 3 of that Schedule shall so apply as if for the first reference in the said sub-paragraph (3) to the Crown Court there were substituted a reference to a court in Scotland and for the other references in those sub-paragraphs to the Crown Court there were substituted references to the court in Scotland.”; and

(e)in subsection (5), for the words from “for which” to “this section” there shall be substituted the words “named in a probation order made or amended under this section that the person to whom the order relates”.

(4)Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.

Community service ordersU.K.

F158E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision requirementsU.K.

9U.K.Section 72 of the M8Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows—

(a)in subsection (1)(b), for the words “to a juvenile court acting for the petty sessions area” there shall be substituted the following sub-paragraphs—

“(i)in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);

(ii)in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates’ Courts (Northern Ireland) Order 1981).”;

(b)in subsection (1A)—

(i)for the words “The juvenile court in England or Wales” there shall be substituted the words “A youth court”;

(ii)after the word “12” there shall be inserted the words “, 12A, 12AA, 12B or 12C”; and

(iii)paragraph (a), and the word “and” immediately following that paragraph, shall cease to have effect;

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in subsection (3), after the words “by a” there shall be inserted the words “youth court or, as the case may be”; and

(e)subsection (4) shall cease to have effect.

Part IIIU.K. Transfer of Probation Orders from Northern Ireland

10(1)Where F17. . . a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, [F18Article 10 of the Criminal Justice (Northern Ireland) Order 1996] (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the [F19local justice area] in which he resides or will reside.”

(2)Where a probation order has been made by a court in Northern Ireland and—

(a)a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender F20. . . proposes to reside or is residing in England and Wales; and

(b)it appears to the court that suitable arrangements for his supervision can be made by the [F21local probation board] for the area which contains the [F22local justice area] in which he resides or will reside,

the power of the court to amend the order under Schedule 2 to the [F23Criminal Justice (Northern Ireland) Order 1996] shall include power to amend it by requiring him to be supervised in accordance with arrangements so made [F24or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside] .

(3)Where a court is considering the making or amendment of a probation order in accordance with this paragraph, [F25Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996] shall have effect as if—

(a)any reference to a probation officer were a reference to [F26 an officer of a local probation board assigned]to the [F27local justice area] in England and Wales in which the offender resides or will be residing when the order or amendment comes into force [F28or (as the case may be) to an officer of a provider of probation services acting in the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force];

(b)the reference in [F29paragraph 4(3)] to 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 M9Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a [F30hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided];

(c)the reference in [F31paragraph 2(5)] to the Probation Board for Northern Ireland were a reference to the [F21local probation board] for the area in which the premises are situated [F32or to the provider of probation services operating in the local justice area in which the premises are situated]; and

(d)references in [F33paragraph 3] to a day centre were references to a [F26community rehabilitation centre] within the meaning of [F34section 201 of the Criminal Justice Act 2003] .

(4)A probation order made or amended in accordance with this paragraph shall specify the [F35local justice area] in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

11(1)Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

(2)Where a probation order is made or amended in any of the circumstances specified in paragraph 10 above, then, subject to the following provisions of this paragraph—

(a)the order shall be treated as if it were a probation order made in England and Wales; and

(b)[F36the provisions of sections 41 and 42 of and Schedules 2 and 3 to the Powers of Criminal Courts (Sentencing) Act 2000 (so far as relating to such orders)]. . . shall apply accordingly.

(3)Before making or amending a probation order in the circumstances specified in paragraph 10 above the court shall explain to the offender in ordinary language—

(a)the requirements of [F37section 41 of the Powers of Criminal Courts (Sentencing) Act 2000] relating to probation orders;

(b)the powers of the home court under [F38Schedule 3 to that Act], as modified by this paragraph; and

(c)its own powers under this paragraph,

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under [F39Article 10(3) of the Criminal Justice (Northern Ireland) Order 1996].

(4)The home court may exercise in relation to the probation order any power which it could exercise in relation to a probation order made by a court in England and Wales by virtue of [F40the Powers of Criminal Courts (Sentencing) Act 2000], except a power conferred byparagraph 4(1)(d), 5(1)(d) , 10(3) or 11(2) of Schedule 3 to that Act.

(5)If at any time while [F41the Powers of Criminal Courts (Sentencing) Act 2000] applies by virtue of sub-paragraph (2) above to a probation order made in Northern Ireland it appears to the home court—

(a)on information to a justice of the peace [F42acting in the local justice area] for the time being specified in the order, that the offender has failed to comply with any of the requirements of [F41that Act] applicable to the order; or

(b)on the application of the offender [F43, the] officer of a local probation board[F44, or (as the case may be) the officer of a provider of probation services], that it would be in the interests of justice for the power conferred by [F45paragraph 7 or 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996] to be exercised,

the home court may require the offender to appear before the court which made the order.

(6)Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the probation order, that court—

(a)may issue a warrant for his arrest; and

(b)may exercise any power which it could exercise in respect of the probation order if the offender resided in Northern Ireland,

and [F46Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996] shall have effect accordingly.

(7)Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the probation order—

(a)the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b)a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8)In this paragraph “home court” means, if the offender resides in England and Wales, or will be residing there at the time when the order or the amendment to it comes into force, the court of summary jurisdiction [F47acting in the local justice area] in which he resides or proposes to reside.