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The Criminal Justice (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

12.  In Schedule 13, in Part III (Community Service — Reciprocal Arrangements)—

(a)in paragraph 7(1) for the words from “the Treatment” onwards substitute

  • Part II of the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if the following were substituted for Article 13(4)—

    (4) A court shall not make a community service order in respect of any offender unless the offender consents and—

    (a)the court is satisfied after hearing (if the court thinks it necessary) a probation officer, that the offender is a suitable person to perform work under such an order; and

    (b)it appears to the court that provision for the offender to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in England and Wales in which he resides or will reside.;

(c)in paragraph 8(1) for the words from “the Treatment” onwards substitute

  • Part II of the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if the following were substituted for Article 13(4)—

    (4) A court shall not make a community service order in respect of any offender unless the offender consents and—

    (a)the court is satisfied after hearing (if the court thinks it necessary) a probation officer, that the offender is a suitable person to perform work under such an order; and

    (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 resides, or will be residing when the order comes into force, to perform work under community service orders made under section 238 of the Criminal Procedure (Scotland) Act 1995; and it appears to the court that provision can be made for him to perform work under those arrangements.;

(c)in paragraph 9(4) for “Article 7(7) of the Treatment of Offenders (Northern Ireland) Order” substitute “Article 13(7) of the Criminal Justice (Northern Ireland) Order 1996”.

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