SCHEDULES
I8SCHEDULE 3 Reciprocal Enforcement of Certain Orders
F1I1Part I Transfer of Community Orders to Scotland or Northern Ireland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Sch. 3 Pt. I (paras. 1-6) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Probation orders: Scotland
I91
1
Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (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 F46council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area he resides, or will be residing when the order comes into force.
2
Where a probation order has been made and—
a
a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland; and
b
it appears to the court that suitable arrangements for his supervision can be made by the F46council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area he proposes to reside or is residing,
the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.
3
Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if—
a
any reference to a probation officer were a reference to an officer of the F46council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing when the order or amendment comes into force;
b
the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the regional or islands council for that area;
c
paragraph 3 (requirements as to attendance at probation centre) were omitted; and
d
the reference in paragraph 5(3) to a mental hospital were a reference to a hospital within the meaning of the M4Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act.
4
A probation order made or amended in accordance with this paragraph shall—
a
specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and
b
specify as the appropriate court for the purposes of subsection (2) of section 183 or 384 of the M5Criminal Procedure (Scotland) Act 1975 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.
Probation orders: Northern Ireland
I102
1
Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act 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 Board for Northern Ireland.
2
Where a probation order has been made and—
a
a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Northern Ireland; and
b
it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,
the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.
3
Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if—
a
any reference to a probation officer were a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;
b
the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;
c
references in paragraph 3 to a probation centre were references to a day centre within the meaning of F47paragraph 3 of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996; and
d
the reference in paragraph 5(3) to treatment as a resident patient in a mental hospital were a reference 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 Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of F48paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 .
4
A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.
Community service orders: Scotland
I113
1
Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection—
2A
A court shall not make a community service order in respect of any offender unless—
a
the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and
b
it appears to the court that provision can be made for him to perform work under those arrangements.
2
Where a community service order has been made and—
a
a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;
b
the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and
c
it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.
3
A community service order made or amended in accordance with this paragraph shall—
a
specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and
b
require the F49council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.
Community service orders: Northern Ireland
I124
1
Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect—
F50a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F51. . . as if for subsection (2A) there were substituted the following subsection—
2A
A court shall not make a community service order in respect of any offender unless it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order.
2
Where a community service order has been made and—
a
a magistrates’ court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland; and
b
it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,
it may amend the order by specifying that the unpaid work required to be performed by the order be so performed F52. . ..
3
A community service order made or amended in accordance with this paragraph shall—
a
specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and
b
require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by the F53Part II of the Criminal Justice (Northern Ireland) Order 1996.
Combination orders: Scotland
I135
Paragraphs 1 and 3 above shall apply in relation to combination orders—
a
in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and
b
in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.
General
I146
1
Where a community order is made or amended in any of the circumstances specified in this Schedule, 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 community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph—
a
the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and
b
the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.
3
Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language—
a
the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;
b
the powers of the home court under that legislation, 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 section 2(3) or 14(5) of the 1973 Act.
4
The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely—
a
in the case of a probation order or a combination order, a power conferred by section 186(2)(b), 187, 387(2)(b) or 388 of, or paragraph 1 of Schedule 5 to, the M6Criminal Procedure (Scotland) Act 1975;
b
in the case of a probation order, a power conferred by F54paragraphs 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996
c
in the case of a community service order—
i
a power conferred by section 4(2)(b) or 5(1)(c) or (d) of the M7Community Service by Offenders (Scotland) Act 1978;
F55ii
a power conferred by paragraph 3(1)(d), 4(1)(d), 7(2) or 8(2) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996;or
iii
a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.
5
If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales—
a
it appears to the home court—
i
if that court is in Scotland, on F56information from the local authority officer concerned; and
ii
if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,
that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or
b
it appears to the home court on the application of the offender or—
i
if that court is in Scotland, of the local authority officer concerned; and
ii
if it is in Northern Ireland, of the probation officer concerned,
that it would be in the interests of justice for a power conferred by paragraph 7 or 8 of Schedule 2 to this Act 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 community 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 community order if the offender resided in England and Wales,
and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned.
7
Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community 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—
“corresponding order”, in relation to a combination order, means a probation order including such a requirement as is mentioned in subsection (5A) of section 183 or 384 of the M8Criminal Procedure (Scotland) Act 1975;
“home court” means—
a
if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and
b
if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;
“the local authority officer concerned”, in relation to an offender, means the officer of a F57council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 responsible for his supervision or, as the case may be, discharging in relation to him the functions assigned by the M9Community Service by Offenders (Scotland) Act 1978;
“the probation officer concerned”, in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by F58Part II of the Criminal Justice (Northern Ireland) Order 1996;
“the relevant time” means the time when the order or the amendment to it comes into force.
I4Part II Transfer of Corresponding Orders from Scotland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
Probation orders
I27
1
The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.
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 M1Powers 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
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.
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 orders
F28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supervision requirements
I39
Section 72 of the M2Social 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;
F3c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I7Part III Transfer of Probation Orders from Northern Ireland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I510
1
Where F4... 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, F5Article 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 F6local justice area in which he resides or will reside.
2
Where a probation order has been made by a court in Northern Ireland and—
b
it appears to the court that suitable arrangements for his supervision can be made by
F8i
the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or
ii
a youth offending team established by a local authority for the area in which he resides or will reside,
the power of the court to amend the order under Schedule 2 to the F9Criminal Justice (Northern Ireland) Order 1996 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made F10or (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, F11Schedule 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
F12i
an officer of a local probation board assigned to 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 or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or
ii
a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;
b
the reference in F13paragraph 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 M3Health 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 F14hospital 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
4
A probation order made or amended in accordance with this paragraph shall specify the F22local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.
I611
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 F23an adult 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
F272A
Where a youth 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 youth rehabilitation order made in England and Wales, and
b
the provisions of F62Chapter 1 of Part 9 of the Sentencing Code 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—
F28F29a
the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;
b
the powers of the home court under F30that legislation, 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 F31Article 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 F32community order F33or, as the case may be, a youth rehabilitation order made by a court in England and Wales F34. . . , except a power conferred by F63paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing CodeF35or by F64paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code.
5
If at any time while F36F65Chapter 2 of Part 9 of the Sentencing CodeF37or, as the case may be, F66Chapter 1 of that Part applies by virtue of sub-paragraph F38(2) or (2A) (as the case may be) to a probation order made in Northern Ireland it appears to the home court—
a
b
on the application F40 of—
i
the offender, or the
ii
officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),
, that it would be in the interests of justice for the power conferred by F41paragraph 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 F42Schedule 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 F60designated officer for the home court shall be admissible as evidence of the failure before the court which made the order.
8
In this paragraph
F43“adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;
F68“community order” has the meaning given by section 200 of the Sentencing Code;
“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 F44acting in the local justice area in which he resides or proposes to reside.
F45“youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;
F69“youth rehabilitation order” has the meaning given by section 173 of the Sentencing Code.
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.