Part 1

New arrangements for the provision of probation services

Functions of the Secretary of State

Restriction on certain arrangements under section 3
4
1
Arrangements under section 3(2) relating to restricted probation provision may only be made with a probation trust or other public body.
2
In this section “restricted probation provision” means probation provision which—
a
is made for a purpose mentioned in section 2(1)(a) or (b); and
b
relates to the giving of assistance to any court in determining the appropriate sentence to pass, or making any other decision, in respect of a person charged with or convicted of an offence.
3
The provision described in subsection (2)(b) includes provision which relates to the making of an application by an officer to a court under—
a
paragraph 13, 14, 17, 19A or 20 of Schedule 8 to the Criminal Justice Act 2003 (revocation or amendment of community orders),
b
paragraph 13, 15, 17 or 18 of Schedule 12 to that Act (amendment of suspended sentence orders), or
c
paragraph 10 of Schedule 19A to that Act (revocation or amendment of supervision default orders).
S. 4 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(d)(2)
S. 4 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(d)(2)
S. 4 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(4)
S. 4(3) inserted (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 4 para. 8; S.I. 2014/1287, art. 2(d)