SCHEDULES
I3SCHEDULE 3 Reciprocal Enforcement of Certain Orders
I2Part III Transfer of Probation Orders from Northern Ireland
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2
I110
1
Where F1. . . a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, F2Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—
1A
A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the F3local justice area in which he resides or will reside.
2
Where a probation order has been made by a court in Northern Ireland and—
a
a court of summary jurisdiction acting for the petty sessions district in Northern Ireland for the time being specified in the order is satisfied that the offender F4. . . proposes to reside or is residing in England and Wales; and
b
the power of the court to amend the order under Schedule 2 to the F5Criminal Justice (Northern Ireland) Order 1996 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made F6or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside .
3
Where a court is considering the making or amendment of a probation order in accordance with this paragraph, F7Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if—
a
any reference to a probation officer were a reference to F15 an officer of a local probation board assignedto the F18local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force F19or (as the case may be) to an officer of a provider of probation services acting in the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force;
b
the reference in F8paragraph 4(3) to 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 M1Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a F9hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided;
c
4
A probation order made or amended in accordance with this paragraph shall specify the F13local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.
Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.