SCHEDULES
C1SCHEDULE 17Transfer of suspended sentence orders to Scotland or Northern Ireland
PART 8Amendment of order: return to England and Wales
Restrictions on exercise of power under this Part of this Schedule
I136
1
This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside.
2
The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—
a
cancels those requirements, or
b
substitutes for those requirements other requirements which can be complied with if the offender resides in that area.
I237
1
This paragraph applies where the SSSO or NISSO imposes a programme requirement.
2
The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.
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)