Criminal Procedure (Scotland) Act 1995

244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland. U.K.

(1) Where a community service order is made or amended in the circumstances specified in section 242 or 243 of this Act, 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) In this section—

• “home court” means—

  (a)

  if the offender resides in England or Wales, or will be residing in England or Wales at the relevant time, the magistrates’ court acting for the petty sessions area in which he resides or proposes to reside; and

  (b)

  if he resides in Northern Ireland, or will be residing in Northern Ireland, at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside; and

• “the relevant time” means the time when the order or the amendment to it comes into force.

[F1 (3) Subject to the following provisions of this section—

(a) a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a [F2 community order (within the meaning of Part 12 of the Criminal Justice Act 2003)] made in England and Wales and the legislation relating to [F3 such community orders] which has effect in England and Wales shall apply accordingly; and

(b) a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly.]

(4) Before making or amending a community service order in those circumstances the court shall explain to the offender in ordinary language—

(a) the requirements of the legislation relating to community service orders [F4 or, as the case may be, [F5 community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)]]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 section; and

(c) its own powers under this section,

and an explanation given in accordance with this section shall be sufficient without the addition of an explanation under section 238(4) of this Act.

(5) The home court may exercise in relation to the community service order any power which it could exercise in relation to a community service order [F4 or, as the case may be, [F6 a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)]] 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 of the United Kingdom, except—

(a) a power to vary the order by substituting for the number of hours’ work specified in it any greater number than the court which made the order could have specified;

(b) a power to revoke the order; and

(c) a power to revoke the order and deal with the offender for the offence in respect of which it was made in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(6) If at any time while legislation relating to community service orders [F4 or, as the case may be, [F7 community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)]]which has effect in one part of the United Kingdom applies by virtue of subsection (3) above to a community service order made in another part—

(a) it appears to the home court—

(i) if that court is in England or Wales, on information to a justice of the peace acting for the petty sessions area for the time being specified in the order; or

(ii) if it is in Northern Ireland, upon a complaint being made to a [F8 resident magistrate],

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—

(i) the offender; or

(ii) if that court is in England and Wales, the [F9 responsible officer under [F10 Part 12 of the Criminal Justice Act 2003]]; or

(iii) if that court is in Northern Ireland, the relevant officer under the M1 Treatment of Offenders (Northern Ireland) Order 1976,

that it would be in the interests of justice to exercise a power mentioned in subsection (5)(b) or (c) above,

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

(7) Where an offender is required by virtue of subsection (6) above to appear before the court which made a community service 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 service order if the offender resided in the part of the United Kingdom where the court has jurisdiction,

and any enactment relating to the exercise of such powers shall have effect accordingly.

Textual Amendments

F1 S. 244(3)(a)(b) substituted for s. 244(3) (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 125(a); S.I. 2001/919 art. 2(f)(ii)

F2 Words in s. 244(3)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(a)(i); S.I. 2005/950, art. 2(1), Sch. 1

F3 Words in s. 244(3)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(a)(ii); S.I. 2005/950, art. 2(1), Sch. 1

F4 Words in s. 244(4)(a)(5)(6) inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 125(b)(c); S.I. 2001/919, art. 2(f)(ii)

F5 Words in s. 244(4)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(b); S.I. 2005/950, art. 2(1), Sch. 1

F6 Words in s. 244(5) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(c); S.I. 2005/950, art. 2(1), Sch. 1

F7 Words in s. 244(6) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(d)(i); S.I. 2005/950, art. 2(1), Sch. 1

F8 Words in s. 244(6)(a)(ii) substituted (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 10, 87, Sch. 4 para. 37; S.R. 2005/109, art. 2, Sch.

F9 Words in s. 244(6)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 178

F10 Words in s. 244(6)(b)(ii) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(d)(ii); S.I. 2005/950, art. 2(1), Sch. 1

Marginal Citations

M1 S.I. 1976 No.226 (N.I. 4)