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)
Making or amending a suspended sentence order under
I17
This Part of this Schedule applies where, in accordance with Part 1 or 2 of this Schedule, a court—
a
makes an SSSO or an NISSO, or
b
amends a suspended sentence order so as to become an SSSO or an NISSO.
Community requirements: availability and restrictions on imposition
I58
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.
I49
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)).
I210
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)).
Matters to be specified in the order
I311
1
The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must—
a
if it is an SSSO, specify the local authority area in Scotland in which the offender resides or will be residing at the relevant time, or
b
if it is an NISSO, specify that the offender resides in Northern Ireland or will be residing there at the relevant time.
2
This paragraph has effect in place of section 296 (offender's home local justice area to be specified).
Order to require home authority to appoint relevant officer
I612
The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must require the home authority to appoint or assign—
a
an officer, in the case of an SSSO, or
b
a probation officer, in the case of an NISSO,
who will be responsible for discharging in relation to the offender the functions conferred on responsible officers in relation to relevant suspended sentence orders by this Code.
Provision of copies
I713
1
This paragraph applies where a court makes an order (“the transferring order”) which makes or amends a suspended sentence order as mentioned in paragraph 7.
2
The court must forthwith provide the offender with a copy of the transferring order.
3
The court must provide—
a
the home authority, and
b
the home court,
with the relevant documents.
4
In sub-paragraph (3), “the relevant documents” means—
a
a copy of the suspended sentence order as made or amended, and
b
such other documents and information relating to the case as the court considers likely to be of assistance.
5
Where the transferring order imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the transferring order as relates to that requirement.
The requirement | The person to whom a copy must be provided |
|---|---|
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected |
A residence requirement relating to residence in an institution | The person in charge of the institution |
A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule |
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9 |
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule |
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring |
Any person without whose consent the requirement could not be included in the order. |
6
Sub-paragraphs (7) and (8) apply where the transferring order is an order amending a suspended sentence order in accordance with paragraph 2 or 5.
7
The court must provide a copy of the transferring order to the responsible officer.
8
Where the court making the transferring order acts in a local justice area other than the offender's home local justice area specified in the suspended sentence order prior to the amendment (“the former home area”), the court must provide a copy of the transferring order to a magistrates' court acting in the former home area.
9
This paragraph applies in place of—
a
section 298 (provision of copies of suspended sentence orders), and
b
paragraph 28 of Schedule 16 (provision of copies following amendment of suspended sentence order).
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)