Sentencing Act 2020

PART 8 Amendment of order: return to England and Wales

Amendment of order: return to England and Wales

35 (1) This paragraph applies where—

(a) an SSSO or NISSO is in force in respect of an offender, and

(b) the home court is satisfied that the offender is residing or proposes to reside in England and Wales.

(2) The home court—

(a) may, and

(b) on the application of the relevant officer must,

amend the suspended sentence order by requiring it to be complied with in England and Wales.

Restrictions on exercise of power under this Part of this Schedule

36 (1) This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside.

(2) The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender resides in that area.

37 (1) This paragraph applies where the SSSO or NISSO imposes a programme requirement.

(2) The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.

Making of order under this Part of this Schedule

38 (1) This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO.

(2) The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).

(3) The home court must—

(a) provide copies of the amending order to—

(i) the offender,

(ii) the relevant officer, and

(iii) a provider of probation services operating in the new local justice area, and

(b) provide the magistrates’ court acting in that area with—

(i) a copy of the amending order, and

(ii) such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).

(4) The relevant suspended sentence order ceases to be an SSSO or NISSO.