5(1)Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.U.K.
(2)In sub-paragraph (2)(a)—
(a)for “264A” substitute “ 264B ”,
(b)after “267B of” insert “ , and Schedules 20A and 20B to, ” and
(c)after “104” insert “ and 106B ”.
(3)In sub-paragraph (4)(a)—
(a)for “264A” substitute “ 264B ”,
(b)after “267B of” insert “ , and Schedules 20A and 20B to, ” and
(c)after “104” insert “ and 106B ”.
(4)Omit sub-paragraph (8).
(5)At the end insert—
“(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—
| 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 ”.”
Commencement Information
I1Sch. 3 para. 5 in force at 1.2.2015 by S.I. 2015/40, art. 2(t)