SCHEDULES

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—U.K.

“(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 F20... is satisfied that the offender F21... 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

[F22(i)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 [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(i)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 [F27paragraph 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 [F28hospital 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 [F29paragraph 2(5)] to the Probation Board for Northern Ireland were a reference to the [F30local probation board] for the area in which the premises are situated [F31or to the provider of probation services operating in the local justice area in which the premises are situated]; and

(d)[F32 in paragraph 3 “day centre” meant] a [F33community rehabilitation centre] within the meaning of [F34section 201 of the Criminal Justice Act 2003][F35or an attendance centre provided under section 221 of that Act].

(4)A probation order made or amended in accordance with this paragraph shall specify the [F36local 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.U.K.

(2)Where [F37an 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)the order shall be treated as if it were a [F38community order] made in England and Wales F39. . . ; and

[F40(b)the provisions of [F41Chapter 2 of Part 9 of the Sentencing Code] shall apply accordingly.]

[F42(2A)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 [F43Chapter 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—

[F44[F45(a)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 [F46that 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 [F47Article 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 [F48community order [F49or, as the case may be, a youth rehabilitation order] made by a court in England and Wales F50. . . , except a power conferred by [F51paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code] [F52or by [F53paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code]]].

(5)If at any time while [F54[F55Chapter 2 of Part 9 of the Sentencing Code] [F56or, as the case may be, [F57Chapter 1 of that Part]]] applies by virtue of sub-paragraph [F58(2) or (2A) (as the case may be)] to a probation order made in Northern Ireland it appears to the home court—

(a)on information to a justice of the peace [F59acting 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 [F60that Part] applicable to the order; or

(b)on the application [F61 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 [F62paragraph 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 [F63Schedule 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 [F64designated officer for] the home court shall be admissible as evidence of the failure before the court which made the order.

(8)In this paragraph

• [F65“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;

• [F66“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 [F67acting in the local justice area] in which he resides or proposes to reside.

• [F68“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.]]