Powers of Criminal Courts (Sentencing) Act 2000

[F1 community rehabilitation orders]: Northern Ireland E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 4 para. 2: words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

2 (1) Where a court considering the making of a [F2 community rehabilitation order] is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 41 of this Act shall have effect as if subsections (3) to (7) and (9) to (11) were omitted and as if after subsection (2) there were inserted the following subsection— E+W+S+N.I.

“(2A) A court shall not make a [F2 community rehabilitation order] in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.”

(2) Where a [F2 community rehabilitation order] has been made and—

(a) a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Northern Ireland, and

(b) it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,

the power of the court to amend the order under Part IV of Schedule 3 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a [F2 community rehabilitation order] in accordance with this paragraph, Schedule 2 to this Act shall have effect as if—

(a) for sub-paragraphs (i) and (ii) of paragraph 2(2)(a) there were substituted a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;

(b) any reference to the offender’s responsible officer were a reference to the probation officer assigned as mentioned in paragraph (a) above responsible for the offender’s supervision;

(c) the reference in paragraph 2(5) to the [F3 local probation board] for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;

(d) references in paragraph 3 to a [F4 community rehabilitation centre] were references to a day centre within the meaning of paragraph 3 of Schedule 1 to the M1 Criminal Justice (Northern Ireland) Order 1996;

(e) for paragraphs (a) and (b) of paragraph 3(2) there were substituted a reference to a probation officer assigned as mentioned in paragraph (a) above; and

(f) for paragraph 5(3)(a) there were substituted—

“(a) 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 M2 Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the M3 Criminal Justice (Northern Ireland) Order 1996;”.

(4) A [F2 community rehabilitation order] made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words in Sch. 4 para. 2(1)-(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(a)(2); S.I. 2001/919, art. 2(f)(i)

F3 Words in Sch. 4 para. 2(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(a); S.I. 2001/919, art. 2(f)(ii)

F4 Words in Sch. 4 para. 2(3)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(b); S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M1 S.I. 1996/3160 (N.I. 24).

M2 S.I. 1972/1265 (N.I. 14).

M3 S.I. 1996/3160 (N.I. 24).