Powers of court in England and Wales where offender required to appear under paragraph 22U.K.
24(1)This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales.U.K.
(2)The court in England and Wales may issue a warrant for the offender's arrest.
(3)The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales.
This is subject to paragraphs 25 and 26.
(4)Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to—
(a)the local authority officer concerned, in the case of a Scottish community order;
(b)the probation officer concerned, in the case of a Northern Ireland community order.
Commencement Information
I1Sch. 11 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
25(1)This paragraph applies where—U.K.
(a)a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and
(b)the offender resides in Scotland.
(2)The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
(3)The court may not impose—
(a)an alcohol abstinence and monitoring requirement,
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
(c)an electronic whereabouts monitoring requirement;
(4)The court may not amend the community order to impose a locally based requirement unless it appears to the court that—
(a)arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and
(b)provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.
(5)The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—
(a)paragraph 6;
(b)paragraphs 14 to 23.
Textual Amendments
F1Sch. 11 para. 25(3)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 9(3); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))
Commencement Information
I2Sch. 11 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
26(1)This paragraph applies where—U.K.
(a)a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and
(b)the offender resides in Northern Ireland.
(2)The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.
(3)The court may not impose an alcohol abstinence and monitoring requirement.
(4)The court may not amend the community order to 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.
(5)The court may not amend the community order to 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.
For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 12.
(6)The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—
(a)paragraph 13;
(b)paragraphs 14 to 23.
Commencement Information
I3Sch. 11 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2