SCHEDULES
C1SCHEDULE 17Transfer of suspended sentence orders to Scotland or Northern Ireland
PART 1Scotland
Restriction on making relevant suspended sentence order where offender resides in Scotland
I2C21
1
This paragraph applies where—
a
a relevant suspended sentence order is available to a court dealing with an offender, and
b
the court is satisfied that the offender—
i
resides in Scotland, or
ii
if a relevant suspended sentence order is made, will reside there when the order comes into force.
2
The court may make a relevant suspended sentence order only if—
a
it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and
b
the order will satisfy paragraphs 8 and 9.
3
If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.
Amendment of relevant suspended sentence order to become SSSO
I32
1
This paragraph applies where—
a
a relevant suspended sentence order is in force,
b
the appropriate court is satisfied that the offender—
i
resides in Scotland, or
ii
proposes to reside there, and
c
it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
2
The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—
a
the order to be complied with in Scotland, and
b
the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
3
But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.
I13
1
A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 2.
2
If the court amends a relevant suspended sentence order in accordance with paragraph 2, it may not provide for it to be subject to review.
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)