SCHEDULES
C1SCHEDULE 17Transfer of suspended sentence orders to Scotland or Northern Ireland
C2PART 3Making of orders
Sch. 17 Pt. 3 modified by 2006 c. 52, s. 200(1)(e)(iii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Community requirements: availability and restrictions on imposition
I38
1
If the order is an SSSO, it must not impose—
a
an alcohol abstinence and monitoring requirement,
b
an attendance centre requirement, or
c
an electronic whereabouts monitoring requirement.
2
If the order is an NISSO—
a
it must not impose an alcohol abstinence and monitoring requirement;
b
it must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—
i
any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
ii
arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
I29
1
The order, as made or amended, may not impose a locally based requirement unless it appears to the court that—
a
arrangements exist for persons to comply with such a requirement in—
i
the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or
ii
Northern Ireland, in the case of an NISSO, and
b
provision can be made for the offender to comply with the requirement under those arrangements.
2
For the purposes of this paragraph, “locally based requirement” means any of the following—
a
an unpaid work requirement;
b
a rehabilitation activity requirement;
c
a programme requirement;
d
a mental health treatment requirement;
e
a drug rehabilitation requirement;
f
an alcohol treatment requirement;
g
in relation to an NISSO, an attendance centre requirement F2, where such a requirement is available (see section 207(3));
h
an electronic compliance monitoring requirement F1, where such a requirement is available (see section 207(4)).
I110
Schedule 9 (requirements) applies as if—
a
any reference to the responsible officer were to the relevant officer;
b
the following provisions were omitted—
i
paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
ii
paragraph 31(2) (person for electronic monitoring to be of prescribed description);
iii
paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);
c
in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—
i
in relation to an SSSO or proposed SSSO—
“in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;
ii
in relation to an NISSO or proposed NISSO—
“in-patient treatment” means 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 for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));
d
in relation to an NISSO or proposed NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were 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)).
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)