Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 17 U.K. Transfer of suspended sentence orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C1 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)

PART 10 U.K. Interpretation

41 (1) In this Schedule— U.K.

• “the appropriate court” has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);

• “breach” in relation to a community requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “the home authority”—

  (a)

  in relation to an SSSO, means the local authority for the local authority area specified in the order;

  (b)

  in relation to an NISSO, means the Probation Board for Northern Ireland;

• “home court” means—

  (a)

  in the case of an SSSO, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

  (b)

  in the case of an NISSO, a court of summary jurisdiction in Northern Ireland;

• “local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act;

• “the local council in Scotland”, in relation to an SSSO, means the local authority in whose area the offender resides, or will be residing at the relevant time;

• “NISSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 2 of this Schedule (Northern Ireland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales);

• “original court”, in relation to an SSSO or an NISSO, means the court in England and Wales which made or last amended the order;

• “the relevant officer” means—

  (a)

  in relation to an SSSO, the local authority officer appointed or assigned under paragraph 12;

  (b)

  in relation to an NISSO, the probation officer appointed or assigned under paragraph 12;

• “relevant suspended sentence order” means a suspended sentence order that imposes one or more community requirements;

• “the relevant time”—

  (a)

  in relation to making, or amending a suspended sentence order so as to become, an SSSO or an NISSO, means the time when the order or the amendment comes into force;

  (b)

  in relation to the amendment of an SSSO or NISSO, means the time when the amendment comes into force;

• “SSSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 1 of this Schedule (Scotland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales).

(2) For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—

(a) the order is subject to review in accordance with section 293(1), or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

Commencement Information

I1 Sch. 17 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2