SCHEDULE 1Amendments of Acts
PART 1New arrangements for the provision of probation services
Powers of Criminal Courts (Sentencing) Act 200014
1
The Powers of Criminal Courts (Sentencing) Act 200057 is amended as follows.
2
In section 158 (deferment of sentence), after subsection (5)(b) (but before the “and” following it) insert—
ba
where an officer of a provider of probation services has been appointed to act as a supervisor in relation to him, to that provider,
3
In section 1A59 (further provision about undertakings), in subsection (2)(a), at the end insert “or an officer of a provider of probation services”.
4
In section 4160 (community rehabilitation orders)—
a
in subsection (4)61, at the end insert “, or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order.”;
b
in subsection (5)(a)62, after “order” insert “, or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order”;
c
in subsection (6)63, after “the officer of a local probation board” insert “, officer of a provider of probation services”; and
d
in subsection (9)64—
i
in paragraph (a), after “to the court” insert “or an officer of a provider of probation services acting at the court (as the case may be)”; and
ii
for paragraph (b), substitute—
b
if the offender is aged under 18—
i
an officer of a local probation board assigned to the court or an officer of a provider of probation services acting at the court (as the case may be); or
ii
a member of a youth offending team assigned to the court,
5
In section 4665 (community punishment orders)—
a
in subsection (5)66—
i
in paragraph (a), after “board” insert “, an officer of a provider of probation services”; and
ii
in paragraph (b), after “board” insert “, an officer of a provider of probation services”; and
b
in subsection (11)67—
i
in paragraph (a), after “to the court” insert “or an officer of a provider of probation services acting at the court (as the case may be)”; and
ii
for paragraph (b), substitute—
if the offender is aged under 18—
i
an officer of a local probation board assigned to the court or an officer of a provider of probation services acting at the court; or
ii
a member of a youth offending team assigned to the court,
6
In section 4768 (obligations of person subject to community punishment order), in subsection (4), at the end insert “or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order”.
7
In section 5469 (provisions of order as to supervision and periodic review)—
a
in subsection (2)70, at the end insert “or (as the case may be) an officer of a provider of probation services acting in the local justice area specified in the order”; and
b
in subsection (3)71, after “board” insert “or officer of a provider of probation services”.
8
In section 5772 (copies of orders)—
a
in subsection (1)73, at the end insert “, or (as the case may be) an officer of a provider of probation services acting at the court”;
b
in subsection (2)74, for “so assigned” substitute “assigned to the court, or (as the case may be) an officer of a provider of probation services operating at the court”;
c
in subsection (3)(b)75, at the end insert “, or (as the case may be) an officer of a provider of probation services acting at that court”;
d
in subsection (3A)76, at the end insert “, or (as the case may be) an officer of a provider of probation services acting at that court”; and
e
in subsection (4)77, after “board” insert “or officer of a provider of probation services”.
9
In section 63 (supervision orders), in subsection (1)(b)78, after “board” insert “or an officer of a provider of probation services (as the case may be)”.
10
In section 64 (selection and duty of supervisor and certain expenditure of his), after subsection (2)79 insert—
2A
Where a provision of a supervision order places the offender under the supervision of an officer of a provider of probation services, the supervisor shall be an officer of a provider of probation services acting in the local justice area named in the order in pursuance of section 63(6) above.
11
In section 66 (facilities for implementing supervision orders)—
a
in subsection (2)80, after “board” insert “and each relevant provider of probation services”;
b
in subsection (9)81, at the end, insert “and each relevant provider of probation services”; and
c
after subsection (12)82, insert—
13
In this section “relevant provider of probation services” means a provider operating in the area to which a scheme under this section relates that is identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007.
12
In section 69 (action plan orders)—
a
in subsection (4)(a)83, at the end insert “or an officer of a provider of probation services (as the case may be)”;
b
in subsection (6)(a)84, after “board” insert “, an officer of a provider of probation services”; and
c
after subsection (9)85, insert—
9A
Where an action plan order specifies an officer of a provider of probation services under subsection (4) above, the officer specified must be an officer acting in the local justice area named in the order.
13
In section 70 (requirements which may be included in action plan orders and directions), in subsection (4D)(a)(ii)86, after “board” insert “, by an officer of a provider of probation services”.
14
In section 73 (reparation orders), in subsection (5)87, after “board” insert “, an officer of a provider of probation services”.
15
In section 74 (requirements and provisions of reparation order, and obligations of person subject to it)—
a
in subsection (5)88, at the end of paragraph (a) insert “or an officer of a provider of probation services (as the case may be)”; and
b
after subsection (6)89, insert—
6A
Where a reparation order specifies an officer of a provider of probation services under subsection (5) above, the officer specified must be an officer acting in the local justice area named in the order.
16
In section 103 (the period of supervision)—
a
in subsection (3)(a)90, at the end insert “or an officer of a provider of probation services”;
b
after subsection (4)91, insert—
4A
Where the supervision is to be provided by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which the offender resides for the time being.
17
In Schedule 6 (requirements which may be included in supervision orders), in paragraph 6A(4)(a)(ii)92, after “board” insert “, by an officer of a provider of probation services”.