Criminal Justice Act 1982

PART I Reciprocal Arrangements (England and Wales)— Persons Residing in Scotland or Northern Ireland

1 The following shall be inserted after section 17 of the [1973 c. 62.] Powers of Criminal Courts Act 1973—

“Community service orders relating to persons residing in Scotland or Northern Ireland

17A Making and amendment of community service orders relating to persons residing in Scotland.

(1) Where a court considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in Scotland, section 14 above shall have effect as if the following subsection were substituted for subsection (2A)—

“(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 [1978 c. 49.] 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) that 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 [1978 c. 49.] Community Service by Offenders (Scotland) Act 1978 ;

(c) it appears to that 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 section shall—

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or the amendment comes into force ; and

(b) require the regional or islands council 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.

17B Making and amendment of community service orders relating to persons residing in Northern Ireland.

(1) Where a court considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in Northern Ireland, it shall not make the order unless it is also satisfied that he is of or over 17 years of age.

(2) Where the court is satisfied that he is of or over that age, section 14 above shall have effect as if the following subsection were substituted for subsection (2A)—

“(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 (in this section referred to as " the Probation Board ") for him to perform work under the order.”.

(3) 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 has attained the age of 17 years and proposes to reside or is residing in Northern Ireland ;

(b) it appears to that court that provision can be made by the Probation Board 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.

(4) A community service order made or amended in accordance with this section shall—

(a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or the amendment comes into force ; and

(b) require the Probation Board 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 [S.I. 1976 No. 226 (N.I. 4).] Treatment of Offenders (Northern Ireland) Order 1976.

17C Community service orders relating to persons residing in Scotland or Northern Ireland— general.

(1) Where a community service order is made or amended in the circumstances specified in section 17A or 17B 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 Scotland, or will be residing in Scotland 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 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.

(3) A community service order made or amended in the circumstances specified in section 17A or 17B of this Act shall be treated, subject to the following provisions of this section, as if it were a community service order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and the legislation relating to community service orders which has effect in that part of the United Kingdom 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 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 14(5) above.

(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 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 the part of the United Kingdom in which it has jurisdiction 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 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 Scotland, on evidence on oath from the local authority officer under the [1978 c. 49.] Community Service by Offenders (Scotland) Act 1978 ; 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 ; and

(ii) if it is in Northern Ireland, of the relevant officer, as defined in the [S.I. 1976 No. 226 (N.I. 4).] 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.”.

2 (1) In section 58 of that Act (application to Scotland), after " 13," there shall be inserted " 17C ".

(2) In section 59(1) of that Act (Northern Ireland) for the word " Section " there shall be substituted the words " Sections 17C and ".