Criminal Justice Act 2003

20 (1) This paragraph applies where the home court is satisfied that the offender is residing or proposes to reside in England and Wales. U.K.

(2) Subject to sub-paragraphs (3) and (4), the home court may, and on the application of the relevant officer must, amend the suspended sentence order by requiring it to be complied with in England and Wales.

(3) The court may not amend under this paragraph a suspended sentence order which contains requirements which, in the opinion of the court, cannot be complied with in the [F1 local justice area] in which the offender is residing or proposes to reside unless, in accordance with paragraph 15 of Schedule 12 it either—

(a) cancels those requirements, or

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

(4) The court may not amend under this paragraph any suspended sentence order imposing a programme requirement unless it appears to the court that the accredited programme specified in the requirement is available in the [F1 local justice area] in England and Wales in which the offender is residing or proposes to reside.

(5) The suspended sentence order as amended must specify the petty sessions area in which the offender resides or proposes to reside.

(6) On the making under this paragraph of an order amending a suspended sentence order, the home court must—

(a) provide copies of the amending order to the offender, the relevant officer and the local probation board [F2 acting in the new local justice area][F3 , or (as the case may be) a provider of probation services operating in the new local justice area] , and

(b) provide the magistrates' court [F4 acting in that area] with a copy of the amending order and such other documents and information relating to the case as the home court considers likely to be of assistance to a court [F4 acting in that area] in the exercise of its functions in relation to the order.

(7) Where an order has been amended under this paragraph, the preceding paragraphs of this Schedule shall cease to apply to the order as amended.

Textual Amendments

F1 Words in Sch. 13 para. 20(3)(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 111(d)

F2 Words in Sch. 13 para. 20(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 111(e)

F3 Words in Sch. 13 para. 20(6)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(21)(b)

F4 Words in Sch. 13 para. 20(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 111(e)

Modifications etc. (not altering text)

C1 Sch. 13 para. 20(6)(b) excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(4), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)