HL Deb 08 October 2003 vol 653 cc398-401

  1. 6

  1. (1) Where the court considering the making of a suspended sentence order is satisfied that the offender resides in Northern Ireland, or will reside there when the order comes into force, the court may not make a suspended sentence order in respect of the offender unless it appears to the court—
    1. (a)in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and
    2. (b) in any case, that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.
  2. (2) The requirements referred to in sub-paragraph (1 ) (a) are—
    1. (a) an unpaid work requirement,
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    2. (b) an activity requirement,
    3. (c) a programme requirement,
    4. (d) a mental health treatment requirement,
    5. (e) a drug rehabilitation requirement,
    6. (f) an alcohol treatment requirement,
    7. (g) an attendance centre requirement, and
    8. (h) an electronic monitoring requirement.
  3. (3) Where—
    1. (a) the appropriate court for the purposes of para graph 13 of Schedule 10 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a suspended sentence order is in force proposes to reside or is residing in Northern Ireland, and
    2. (b) it appears to the court that the conditions in sub- paragraphs (l)(a) and (b) are satisfied,
    3. the power of the court to amend the order under Part 3 of Schedule 10 includes power to amend it by requiring it to be complied with in Northern Ireland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).
  4. (4) For the purposes of sub-paragraph (3), any reference in sub- paragraph (l)(a) and (b) to the time when the order cones into force is to be treated as a reference to the time when the amendment comes into force.
  5. (5) The court may not provide for an order made in accordance with this paragraph to be subject to review under section 183 or 201; and where an order which is subject to review under cither of those sections is amended in accordance with this paragraph, the order shall cease to be so subject.
  6. 7 A suspended sentence order made or amended in accordance with paragraph 6 must—

  1. (a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force, and
  2. (b) require the Probation Board for Northern Ireland to appoint or assign a probation officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;
  3. and section 207 (petty sessions area to be specified) does not apply in relation to an order so made or amended.

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  1. (1) Where a court makes or amends a suspended sentence order in accordance with paragraph 6, the court must provide the relevant documents to—
    1. (a) the Probation Board for Northern Ireland, and
    2. (b) the court of summary jurisdiction acting for the petty sessions district in which the offender resides or proposes to reside;
    3. and paragraphs (b) to (d) of subsection (1) of section 210 (provision of copies of relevant orders) do not apply in relation to an order so made or amended.
  2. (2) In this paragraph, "the relevant documents" means—
    1. (a) a copy of the order as made or amended, and
    2. (b) such other documents and information relating to the case as the court making or amending the order considers likely to be of assistance.
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    1. (1) In relation to the making or amendment of a suspended sentence order in accordance with paragraph 6, and (except for the purposes of paragraph 20) in relation to an order so made or amended, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.
    2. (2) Any reference to the responsible officer has effect as a reference to the probation officer appointed or assigned under paragraph 7(b).
    3. (3) The following provisions are omitted—
      1. (a) subsection (7) of section 192 (activity requirement),
      2. (b) subsection (7) of section 193 (programme requirement),
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      3. (c) subsection (4) of section 197 (residence requirement),
      4. (d) subsection (4) of section 209 (availability of arrangements in local area).
    4. (4) In section 198 (mental health treatment requirement), for subsection (2)(a) there is substituted—
      1. "(a) 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, Social Services and Public Safety for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));".
    5. (5) In section 205 (attendance centre requirement), any reference to an attendance centre has effect as a reference 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).
    6. (6) In section 206 (electronic monitoring requirement), in subsection (3), the words from "and" onwards are omitted.