Sentencing Act 2020

PART 7 Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

Application

31 This Part of this Schedule applies where—

(a) a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,

(b) the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or

(c) a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.

Restrictions on exercise of powers to amend order

32 (1) The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender’s supervision can be made by—

(a) the local council in Scotland, if the order is an SSSO, or

(b) the Probation Board for Northern Ireland, if the order is an NISSO.

(2) If the order is an SSSO, the court must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

(3) If the order is an NISSO—

(a) the court must not impose an alcohol abstinence and monitoring requirement;

(b) the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(i) any necessary provision can be made in the offender’s case under arrangements that exist for persons resident in Northern Ireland, and

(ii) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored.

(4) The court must not impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(5) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) in relation to an NISSO, an attendance centre requirement;

(h) an electronic compliance monitoring requirement.

(6) The court may not provide for the SSSO or NISSO to be subject to review.

Provision of copies

33 (1) This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies.

(2) The court must provide copies of the amending order to—

(a) the offender, and

(b) the relevant officer.

(3) Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide—

(a) the home authority, and

(b) the home court,

with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.

Application of provisions of Part 3 of this Schedule

34 Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.