c

in relation to a person who is supervised under section 256AA of the 2003 Act, being ordered to be committed to prison or detention for failure to comply with a requirement imposed under that section or by a supervision default order;

d

in relation to a person who is supervised under section 256B of the 2003 Act, being ordered to be detained for failure to comply with a supervision requirement imposed under that section.

“supervision default order” has the meaning given in section 268(1) of the 2003 Act;

8

The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

a

as if any reference to something listed in the first column of the Table in sub-paragraph (10) were a reference to whatever is opposite it in the second column of that Table,

b

with the modifications in sub-paragraph (11), and

c

in a case falling within section 106B of the Powers of Criminal Courts (Sentencing) Act 2000, with the further modifications in sub-paragraph (12),

(and see also paragraphs 8A, 19A and 19B).

9

In this paragraph “the supervision provisions” means—

a

sections 256AA to 256E of, and Schedule 19A to, the 2003 Act,

b

the provisions of the 2003 Act mentioned in section 256AC of, and Schedule 19A to, that Act, as applied by that section and that Schedule, and

c

section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.

10

The references mentioned in sub-paragraph (8)(a) are—

TABLE

Reference	Substituted reference
Crown Court	High Court of Justiciary
Justice of the peace	Sheriff court
Local justice area	Local government area within the meaning of the Local Government etc (Scotland) Act 1994
Magistrates' court	Sheriff court
Officer of a provider of probation services	Relevant officer as defined by section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
Summons	Citation
Young offender institution	Young offenders institution provided under section 19(1)(b) of the Prisons (Scotland) Act 1989

11

The modifications mentioned in sub-paragraph (8)(b) are—

a

section 256AA(2)(b) of the 2003 Act has effect as if it also referred to a licence under the Prisons (Scotland) Act 1989 or the Prisoners and Criminal Proceedings (Scotland) Act 1993,

b

section 256AC(7)(b) of the 2003 Act has effect as if for “the Secretary of State” there were substituted “ the Scottish Ministers ”,

c

paragraph 2 of Schedule 19A to the 2003 Act has effect as if—

i

sub-paragraph (d) referred only to section 215(1) and (2) of the 2003 Act, and

ii

sub-paragraph (e) were omitted,

d

paragraph 3 of Schedule 19A to the 2003 Act has effect as if, after sub-paragraph (7), there were inserted—

7A

Section 218(4)(a) applies as if for the words “has been notified by the Secretary of State” there were substituted “is satisfied

e

paragraph 7 of Schedule 19A to the 2003 Act has effect as if—

i

in sub-paragraph (1), for “the supervisor must refer the matter to the enforcement officer” there were substituted “ the supervisor may cause an information to be laid before a sheriff court in respect of the person's failure to comply with the requirement ”, and

ii

sub-paragraphs (2) to (5) were omitted, and

f

paragraph 12(3) of Schedule 19A to the 2003 Act has effect as if for “makes a community order or suspended sentence order” there were substituted “ imposes any other sentence ”.

12

The further modifications mentioned in sub-paragraph (8)(c) are that section 106B of the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—

a

in subsection (4), for paragraph (b) there were substituted a reference to an officer of a local authority constituted under the Local Government etc (Scotland) Act 1994 for the local government area in which the offender resides for the time being, and

b

after subsection (3) there were inserted—

3A

Sections 256AA(3) and (6), 256AB(1) and 256E(2) have effect as if the references to the Secretary of State were references to the Scottish Ministers.

9

The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

a

as if any reference to something listed in the first column of the Table in sub-paragraph (11) were a reference to whatever is opposite it in the second column of that Table, and

b

with the other modifications in sub-paragraph (12).

10

In this paragraph “the supervision provisions” means—

a

sections 256AA to 256AC, 256D and 256E of the 2003 Act, and

b

section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.

11

The references mentioned in sub-paragraph (9)(a) are—

TABLE

Reference	Substituted reference
Crown Court	County court
Justice of the peace	Lay magistrate
Information	Complaint
Local justice area	Petty sessions district
Magistrates' court	Court of summary jurisdiction
Officer of a provider of probation services	Probation officer
Young offender institution	Young offender centre

12

The other modifications mentioned in sub-paragraph (9)(b) are—

a

section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—

i

a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and

ii

a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),

b

section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders) were omitted, and

c

subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “ the Department of Justice in Northern Ireland ”.

4B

A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.

4C

In sub-paragraph (4B), “the receiving authority” means—

a

in relation to a person transferred to Scotland, the Scottish Ministers,

b

in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and

c

in relation to any other person, the Secretary of State.