Criminal Justice Act 1991

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. E+W+S+N.I.

(2) Where a 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 [F1 community order]F1 made in England and Wales [F2 under section 177 of the Criminal Justice Act 2003]F2 ; and

[F3 (b) the provisions of Part 12 of that Act (so far as relating to such orders) shall apply accordingly.]

F3 (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—

[F4 (a) the requirements of Part 12 of the Criminal Justice Act 2003 relating to community orders (within the meaning of that Part);

(b) the powers of the home court under Schedule 8 to that Act, as modified by this paragraph; and]

F4 (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 [F5 Article 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 [F6 community order made by a court in England and Wales under section 177 of the Criminal Justice Act 2003, except a power conferred by paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to that Act]F6 .

(5) If at any time while [F7 Part 12 of the Criminal Justice Act 2003]F7 applies by virtue of sub-paragraph (2) above to a probation order made in Northern Ireland it appears to the home court—

(a) on information to a justice of the peace [F8 acting in the local justice area]F8 for the time being specified in the order, that the offender has failed to comply with any of the requirements of [F9 that Act] applicable to the order; or

(b) on the application of the offender or [F10 the officer of a local probation board], that it would be in the interests of justice for the power conferred by [F11 paragraph 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 [F12 Schedule 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 clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8) In this paragraph “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 [F13 acting in the local justice area]F13 in which he resides or proposes to reside.

Annotations:

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Amendments (Textual)

F1 Words in Sch. 3 para. 11(2)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336,{Sch. 32 para. 64(3)(a)}; S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F2 Words in Sch. 3 para. 11(2)(a) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 64(3)(a); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F3 Sch. 3 para. 11(2)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 64(3)(b); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F4 Sch. 3 para. 11(3)(a)(b) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(4}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F5 Words in Sch. 3 para. 11(3) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(ii); S.R. 1997/523, art. 3

F6 Words in Sch. 3 para. 11(4) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(5}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F7 Words in Sch. 3 para. 11(5) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, {Sch. 32 para. 64(6}); S.I. 2005/950, art. 2, Sch. 1 para. 42(25) (subject to Sch. 2)

F8 Words in Sch. 3 para. 11(5) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(b)

F9 Words in Sch. 3 Pt. III para. 11(5) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(3)(e)

F10 Words in Sch. 3 Pt. III para. 11(5)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(b)(2); S.I. 2001/919, art. 2(f)(i)

F11 Words in Sch. 3 para. 11(5)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(iii); S.R. 1997/523, art. 3

F12 Words in Sch. 3 para. 11(6) substituted (1.1.1998) by S.I. 1996/3161, art. 2(e)(iv); S.R. 1997/523, art. 3

F13 Words in Sch. 3 para. 11(8) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(b)

Commencement Information

I1 Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 2.