Criminal Justice Act 1982

7 (1) Where a court in Northern Ireland considering the making of a community service order is satisfied that the offender resides, or will be residing when the order comes into force, in England or Wales, the M1 Treatment of Offenders (Northern Ireland) Order 1976 shall have effect as if the following were substituted for Article 7(4)—

“(4) A court shall not make a community service order in respect of any offender unless the offender consents and—

(a) it appears to the court that provision for the offender to perform work under such an order can be made under the arrangements for persons to perform work under such orders which exist in the petty sessions area in England or Wales in which he resides or will reside; and

(b) the court is satisfied after considering a report by a probation officer about the offender and his circumstances and, if the court thinks it necessary, hearing a probation officer, that the offender is a suitable person to perform work under such an order.”.

(2) Where a community service order has been made by a court in Northern Ireland and—

(a) a court of summary jurisdiction acting for a petty sessions district in Northern Ireland for the time being specified in it is satisfied that the offender proposes to reside or is residing in England or Wales;

(b) it appears to that court that provision can be made for him to perform work under the community service order under the arrangements for persons to perform work under such orders which exist in the petty sessions area in England or Wales in which he resides or will reside,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

(3) A community service order made or amended in accordance with this paragraph shall—

(a) specify the petty sessions area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

(b) require the probation committee for that area to appoint or assign a probation officer who will discharge in respect of the order the functions in respect of community service orders conferred on relevant officers by the M2 Powers of Criminal Courts Act 1973.

Marginal Citations

M1 S.I. 1976 No. 226 (N.I. 4).

M2 1973 c. 62.