SCHEDULES

SCHEDULE 17 U.K.Transfer of suspended sentence orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 17 applied (with modifications) by 2006 c. 52, ss. 200, 204 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 4 U.K.Provisions where SSSO or NISSO is in force

Application U.K.

14 (1) This Part of this Schedule applies while an SSSO or NISSO is in force in relation to an offender. U.K.

(2) This is subject to Part 8 of this Schedule (transfer to England and Wales).

Commencement Information

I1 Sch. 17 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of responsible officer to be carried out by relevant officer U.K.

15 U.K.Sections 300 to 302 (role of responsible officer) apply as if any reference to the responsible officer were to the relevant officer.

Commencement Information

I2 Sch. 17 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community requirements U.K.

16 U.K.Schedule 9 (requirements) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i) in relation to an SSSO—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”;

(ii) in relation to an NISSO—

““in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in relation to an NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Commencement Information

I3 Sch. 17 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2