SCHEDULES

C3 SCHEDULE 13Transfer of suspended sentence orders to Scotland or Northern Ireland

Annotations:
Modifications etc. (not altering text)
C3

Sch. 13 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 201, 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Part 2Northern Ireland

I16

C11

Where the court considering the making of a suspended sentence order F1that imposes one or more community requirements is satisfied that the offender resides in Northern Ireland, or will reside there when the order comes into force, the court may not make F2such a suspended sentence order in respect of the offender unless it appears to the court—

a

in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements,

F6aa

in the case of an order imposing an electronic monitoring requirement within section 215(1)(b)—

i

that any necessary provision can be made in the offender's case under arrangements that exist for persons resident in that locality, and

ii

that arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored, and

b

in any case, that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.

2

The requirements referred to in sub-paragraph (1)(a) are—

a

an unpaid work requirement,

F3b

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

an attendance centre requirement, and

h

an electronic monitoring requirement F5within section 215(1)(a) .

3

Where—

a

the appropriate court for the purposes of paragraph 14 of Schedule 12 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a suspended sentence order is in force proposes to reside or is residing in Northern Ireland, and

b

it appears to the court that the conditions in sub-paragraphs (1)(a) F7and (b)F7to (b) are satisfied,

the power of the court to amend the order under Part 3 of Schedule 12 includes power to amend it by requiring it to be complied with in Northern Ireland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).

4

For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) F8and (b)F8to (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.

F44A

The court may not by virtue of sub-paragraph (1) or (3) require an alcohol abstinence and monitoring requirement to be complied with in Northern Ireland.

C25

The court may not provide for an order made in accordance with this paragraph to be subject to review under section 191 or 210; and where an order which is subject to review under either of those sections is amended in accordance with this paragraph, the order shall cease to be so subject.