HL Deb 14 May 1991 vol 528 cc1592-4

TRANSFER OF CORRESPONDING ORDERS FROM SCOTLAND

Probation orders

7.—(1) The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

(2) In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words "by the local authority in whose area he resides or is to reside" there shall be substituted the following paragraphs—

  1. "(a) in a case other than that mentioned in paragraph (b) below, by the local authority in whose area he resides or is to reside; or
  2. (b) in a case where, by virtue of section 188(1) of this Act, subsection (2) of this section would not apply, by the probation committee for the area which contains the petty sessions area which would be named in the order".

(3) In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)—

  1. (a) in subsection (1)—
    1. (i) for the words "that the offender shall perform unpaid work" there shall be substituted the words "which, while corresponding to a requirement mentioned in paragraph 2 or 3 of Schedule IA to the Powers of Criminal Courts Act 1973, would if included in a probation order made under that Act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that Schedule";
    2. (ii) for the word "17" there shall be substituted the word "16";
    3. (iii) the word "and", where it secondly occurs, shall cease to have effect; and
    4. (iv) at the end there shall be added the words "; and where the order includes a requirement that the probationer perform unpaid work for a number of hours, the number specified shall not exceed one hundred";
  2. (b) in subsection (2)—
    1. (i) for the words "that the probationer has attained the age of 17 years and proposes to reside in or is residing in England" there shall be substituted the following paragraphs—
      1. "(a) that the probationer has attained the age of 16 years;
      2. (b) that he proposes to reside, or is residing, in England; and
      3. (c) that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside"; and
    2. (ii) after the word "section", where it secondly occurs, there shall be inserted the words "or to vary any requirement for 1593 performance of unpaid work so that such hours as remain to be worked do not exceed one hundred";
  3. (c) in subsection (3)—
    1. (i) in paragraph (a), for the words "section 3(2) or' and "section 3 or there shall be substituted, respectively, the words "paragraph 5(3) of Schedule 1A to" and "paragraph 5 of Schedule 1A to"; and
    2. (ii) in paragraph (b), for the words "subsections (4) to (6) of section 3 of" there shall be substituted the words "subparagraphs (5) to (7) of paragraph 5 of Schedule 1A to";
  4. (d) in subsection (4), for the words from "the Powers" to the end of the proviso there shall be substituted the words "Schedule 2 to the Criminal Justice Act 1991 shall apply to the order—
    1. (a) except in the case mentioned in paragraph (b) below, as if that order were a probation order made under section 2 of the Powers of Criminal Courts Act 1973; and
    2. (b) in the case of an order which contains a requirement such as is mentioned in subsection (5A) of section 183 or 384 of this Act, as if it were a combination order made under section 10 of the said Act of 1991:

Provided that Part III of that Schedule shall not so apply; and sub-paragraphs (3) and (4) of paragraph 3 of that Schedule shall so apply as if for the first reference in the said sub-paragraph (3) to the Crown Court there were substituted a reference to a court in Scotland and for the other references in those sub-paragraphs to the Crown Court there were substituted references to the court in Scotland."; and (e) in subsection (5), for the words from "for which" to "this section" there shall be substituted the words "named in a probation order made or amended under this section that the person to whom the order relates".

(4) Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.

Community service orders

8. Section 6 of the Community Service by Offenders (Scotland) Act 1978 (community service orders relating to persons residing in England and Wales) shall be amended as follows—

  1. (a) in subsection (1)(a), for the words from "for paragraphs" to the end of paragraph (b) as substituted in section 1(2) of that Act there shall be substituted the words ", in subsection (2), paragraph (b) were omitted and for paragraph (d) there were substituted the following paragraph-"; and
  2. (b) in subsection (2), paragraph (b) shall cease to have effect.

Supervision requirements

9. Section 72 of the Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows—

  1. (a) in subsection (1)(b), for the words "to a juvenile court acting for the petty sessions area" there shall be substituted the following sub-paragraphs—
    1. "(i) in the case of residence in England and Wales, to a youth court acting for the petty sessions area (within the meaning of the Children and Young Persons Act 1969);
    2. (ii) in the case of residence in Northern Ireland, to a juvenile court acting for the petty sessions district (within the meaning of Part III of the Magistrates' Courts (Northern Ireland) Order 1981).";
  2. (b) in subsection (1A)—
    3. 1594
    1. (i) for the words "The juvenile court in England or Wales" there shall be substituted the words "A youth court";
    2. (ii) after the word "12" there shall be inserted the words ", 12A, 12AA, 12B or 12C"; and
    3. (iii) paragraph (a), and the word "and" immediately following that paragraph, shall cease to have effect;
  3. (c) in subsection (2), for the words "The juvenile court in Northern Ireland" there shall be substituted the words "A juvenile court";
  4. (d) in subsection (3), after the words "by a" there shall be inserted the words "youth court or, as the case may be"; and
  5. (e) subsection (4) shall cease to have effect.

Back to
Forward to