Paragraph 9

Where a community service order is made or amended in the circumstances specified in paragraph 7 or 8 above, the court which makes or amends the order shall send three copies of the order as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

In this paragraph—

• “home court” means—

  (a) if the offender resides in England or Wales, or will be residing in England or Wales at the relevant time, the magistrates’ court F1acting in the local justice area in which he resides or proposes to reside; and

  (b) if he resides in Scotland, or will be residing in Scotland at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside;

• “the relevant time” means the time when the order or the amendment to it comes into force.

Subject to the following provisions of this paragraph—

Before making or amending a community service order in the circumstances specified in paragraph 7 or 8 above the court shall explain to the offender in ordinary language—

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under F12Article 13(7) of the Criminal Justice (Northern Ireland) Order 1996.

The home court may exercise in relation to the community service order any power which it could exercise in relation to a F13community order or youth rehabilitation order (in England and Wales) or a community payback order (in Scotland) F14... made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in the part of the United Kingdom in which it has jurisdiction except—

If at any time whilst legislation relating to F15community orders or youth rehabilitation orders (in England and Wales) or community payback orders (in Scotland) F16... which has effect in one part of the United Kingdom applies by virtue of sub-paragraph (3) above to a community service order made in another part—

the home court may require the offender to appear before the court by which the order was made.

Where an offender is required to appear before a court by virtue of sub-paragraph (6) above, that court—

and any enactment relating to the exercise of such powers shall have effect accordingly.

In this paragraph “community payback order” means a community payback order imposed under section 227A of the Criminal Procedure (Scotland) Act 1995.