HL Deb 08 October 2003 vol 653 c391
  1. 14 This Part of this Schedule applies at any time while a custody plus order made in accordance with paragraph 2 or 9 or amended in accordance with paragraph 3 or 10, or an intermittent custody order amended in accordance with paragraph 3 or 10. is in force in respect of an offender.
  2. 15 In this Part of this Schedule—
  3. "home court" means—
    1. (a) if the offender resides in Scotland, or will be residing there during the licence period, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and
    2. (b) if he resides in Northern Ireland, or will be residing there during the licence period, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;
    3. "local authority" and "local authority area" are to be read in accordance with paragraph 8;
    4. "original court" means the court in England and Wales which made or last amended the custody plus order or intermittent custody order;
    5. "the relevant officer" means—
    1. (a) where the order specifies a local authority area in Scotland, the local authority officer appointed or assigned under paragraph 5(b), and
    2. (b) where the order specifies a local authority district in Northern Ireland, the probation officer appointed or assigned under paragraph 1 l(b).
  4. 16
    1. (1) Where this Part of this Schedule applies, Schedule 9 has effect subject to the following modifications.
    2. (2) Any reference to the responsible officer has effect as a reference to the relevant officer.
    3. (3) Any reference to the appropriate court has effect as a reference to the original court.
    4. (4) Where the order specifies a local authority area in Scotland—
      1. (a) any reference to the petty sessions area concerned has effect as a reference to that local authority area, and
      2. (b) any other reference to a petty sessions area has effect as a reference to a local authority area.
    5. (5) Where the order specifies a petty sessions district in Northern Ireland—
      1. (a) any reference to the petty sessions area concerned has effect as a reference to that petty sessions district, and
      2. (b) any other reference to a petty sessions area has effect as a reference to a petty sessions district.
    6. (6) Paragraph 9 is omitted.
  5. 17
    1. (1) The home court may exercise any power under paragraph 4 or 5 of Schedule 9 (amendment of custody plus order or intermittent custody order) as if it were the original court.
    2. (2) Subject to sub-paragraph (3), where the home court proposes to exercise the power conferred by paragraph 5 of Schedule 9, otherwise than on the application of the offender, the court—
      1. (a) if it is in Scotland—
        1. (i) must issue a citation requiring the offender to appear before it, and
        2. (ii) if he does not appear in answer to the citation, may issue a warrant for the offender's arrest;
      2. (b) if it is in Northern Ireland—
        1. (i) must issue a summons requiring the offender to appear before it, and
        2. (ii) if he does not appear in answer to the summons, may issue a warrant for the offender's arrest;
        3. and paragraph 8 of Schedule 9 does not apply to the home court.
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    3. (3) Sub-paragraph (2) does not apply to any order canceling any requirement of a custody plus order or intermittent custody order.
    4. (4) Where the home court is considering amending a custody plus or intermittent custody order, any reference in Chapter 4 of Part 12 of this Act to a local probation board has effect as a reference to a local authority in Scotland or, as the case may be, the Probation Board for Northern Ireland.
  6. 18 Where by virtue of paragraph 17 any application is made to the home court under paragraph 4 or 5 of Schedule 9, the home court may (instead of dealing with the application) require the offender to appear before the original court.
  7. 19 No court may amend or further amend a custody plus order or an intermittent custody order unless it appears to the court that the conditions in paragraph 2(2)(a) and (b) or, as the case may be, the conditions in paragraph 9(2)(a) and (b) are satisfied in relation to any requirement to be imposed; but this paragraph does not apply to any amendment made by virtue of paragraph 22(1).
  8. 20 The preceding paragraphs of this Schedule have effect in relation to any amendment of a custody plus or intermittent custody order by any court as they have effect in relation to the amendment of such an order by virtue of paragraph 3 or 10.
  9. 21 On the making of an order amending a custody plus order or intermittent custody order—
    1. (a) the court must provide copies of the amending order to the offender and the relevant officer, and
    2. (b) in the case of an amending order which substitutes a new local authority area or petty sessions district, paragraphs 5 and 6, or as the case may be paragraphs 11 and 12, have effect in relation to the order as they have effect in relation to an order made or amended in accordance with paragraph 2 or 3, or as the case may be, 9 or 10.
  10. 22
    1. (1) Where—
      1. (a) a custody plus order has been made in accordance with paragraph 2 or 9 or a custody plus or intermittent custody order has been amended in accordance with paragraph 3 or 10, but (in any of those cases) the Secretary of State has not made an order under paragraph 1 or4ofSchedule 1 to the 1997 Act in relation to the offender, or
      2. (b) the Secretary of State has made, or indicated his willingness to make, an order under paragraph 7(1) of Schedule 1 to the 1997 Act transferring the offender or his supervision back to England and Wales,
      3. the court may, on the application of the offender or the Secretary of State, amend the custody plus order or intermittent custody order by requiring it to be complied with in England and Wales.
    2. (2) In sub-paragraph (1) "the court", in a case falling within paragraph (a) of that sub-paragraph, means the original court.
    3. (3) In a case where paragraph 2(4) or 9(4) requires the Secretary of State to apply under this paragraph, the court must make an amending order under this paragraph.
    4. (4) Where under this paragraph the court amends a custody plus order or intermittent custody order which contains requirements which, in the opinion of the court, cannot be complied with in the petty sessions area in which the offender is residing or proposes to reside, the court must, in accordance with paragraph 5 of Schedule 9, either—
      1. (a) cancel those requirements, or
      2. (b) substitute for those requirements other requirements which can be complied with if the offender resides in that area.
    5. (5) Where the court amends under this paragraph any custody plus order or intermittent custody order imposing a programme requirement the court must ensure that the requirement as amended specifies a programme which is available in the petty sessions area in England and Wales in which the offender is residing or proposes to reside.
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    6. (6) The custody plus order or intermittent custody order as amended under this paragraph must specify the petty sessions area in which the offender resides or proposes to reside in the licence period.
    7. (7) On the making under this paragraph of an order amending a custody plus order or intermittent custody order, the court must—
      1. (a) provide copies of the amending order to the offender, the relevant officer and the local probation board acting for the new petty sessions area, and
      2. (b) provide the magistrates’ court acting for that area with a copy of the amending order and such other documents and information relating to the case as the home court considers likely to be of assistance to the court acting for that area in the exercise of its functions in relation to the order.
    8. (8) Where an order has been amended under this paragraph, the preceding paragraphs of this Schedule shall cease to apply to the order as amended.