SCHEDULES

C3C2C1SCHEDULE 11Transfer of community orders to Scotland or Northern Ireland

Annotations:
Modifications etc. (not altering text)
C3

Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C1

Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 2Northern Ireland

Requirements: availability and restrictions

I29

Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Annotations:
Commencement Information
I2

Sch. 11 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

I310

The order must not impose an alcohol abstinence and monitoring requirement.

Annotations:
Commencement Information
I3

Sch. 11 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

I111

The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

a

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

b

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

Annotations:
Commencement Information
I1

Sch. 11 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

I412

1

The order must not impose a locally based requirement unless it appears to the court that—

a

arrangements exist for persons to comply with such a requirement in Northern Ireland, and

b

provision can be made for the offender to comply with the requirement under those arrangements.

2

For the purposes of this paragraph, “locally based requirement” means any of the following—

a

an unpaid work requirement;

b

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 F2, where such a requirement is available (see section 207(3));

h

an electronic compliance monitoring requirement F1, where such a requirement is available (see section 207(4)).