Paragraph 10 I1

United Kingdom

(1)

Where F1... a court in Northern Ireland considering the making of a probation order is satisfied that the offender resides in England and Wales, or will be residing there when the order comes into force, F2Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection—

“(1A)
A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the probation committee for the area which contains the F3local justice area in which he resides or will reside.”

(2)

Where a probation order has been made by a court in Northern Ireland and—

(a)

a court of summary jurisdiction F4... is satisfied that the offender F5... proposes to reside or is residing in England and Wales; and

(b)

it appears to the court that suitable arrangements for his supervision can be made by

F6(i)

the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or

(ii)

a youth offending team established by a local authority for the area in which he resides or will reside,

the power of the court to amend the order under Schedule 2 to the F7Criminal Justice (Northern Ireland) Order 1996 shall include power to amend it by requiring him to be supervised in accordance with arrangements so made F8or (as the case may be) by a provider of probation services operating in the local justice area in which he resides or will reside .

(3)

Where a court is considering the making or amendment of a probation order in accordance with this paragraph, F9Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 shall have effect as if—

(a)

any reference to a probation officer were a reference to

F10(i)

an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or

(ii)

a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;

(b)

the reference in F11paragraph 4(3) to 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 M1Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of that section were a reference to treatment as a resident patient in a F12hospital or mental nursing home within the meaning of the Mental Health Act 1983, not being hospital premises at which high security psychiatric services within the meaning of that Act are provided;

(c)

the reference in F13paragraph 2(5) to the Probation Board for Northern Ireland were a reference to the F14local probation board for the area in which the premises are situated F15or to the provider of probation services operating in the local justice area in which the premises are situated; and

(d)

F16 in paragraph 3 “day centre” meant a F17community rehabilitation centre within the meaning of F18section 201 of the Criminal Justice Act 2003F19or an attendance centre provided under section 221 of that Act.

(4)

A probation order made or amended in accordance with this paragraph shall specify the F20local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 10(1) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(i); S.R. 1997/523, art. 3
F2: Words in Sch. 3 para. 10(1) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(ii); S.R. 1997/523, art. 3
F3: Words in Sch. 3 para. 10(1) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)
F4: Words in Sch. 3 para. 10(2)(a) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 99, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F5: Words in Sch. 3 para. 10(2) repealed (1.1.1998) by S.I. 1996/3161, art. 2(d)(iii); S.R. 1997/523, art. 3
F6: Words in Sch. 3 para. 10(2)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 40(2) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F7: Words in Sch. 3 para. 10(2) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(iv); S.R. 1997/523, art. 3
F8: Words in Sch. 3 para. 10(2)(b) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(i)
F9: Words in Sch. 3 para. 10(3) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(v); S.R. 1997/523, art. 3
F10: Words in Sch. 3 para. 10(3)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6(2), 153, Sch. 4 para. 40(3) (with Sch. 27, paras. 1, 5); S.I. 2009/3074, art. 2(f)(p)(v)
F11: Words in Sch. 3 para. 10(3)(b) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vi); S.R. 1997/523, art. 3
F12: Words in Sch. 3 Pt. III para. 10(3)(b)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 147(1)(2)(a)(b)
F13: Words in Sch. 3 para. 10(3)(c) substituted (1.1.1998) by S.I. 1996/3161, art. 2(d)(vii); S.R. 1997/523, art. 3
F14: Words in Sch. 3 Pt. III para. 10(2)(b)(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(i); S.I. 2001/919, art. 2(f)(ii)
F15: Words in Sch. 3 para. 10(3)(c) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 9(5)(a)(iii)
F16: Words in Sch. 3 para. 10(3)(d) substituted (E.W.N.I.) (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, {Sch. 26 par. 29(6)(a)(7)}; S.I. 2008/2712, art. 2, Sch. para. 18(b) (subject to arts 3, 4)
F17: Words in Sch. 3 Pt. III para. 10(3)(a)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 111(a)(ii)(iii); S.I. 2001/919, art. 2(f)(ii)
F18: Words in Sch. 3 para. 10(3)(d) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, {Sch. 32 Pt. 1 para. 64(2}); S.I. 2005/950, art. 2(1), Sch. 1 (subject to art. 2(2) and Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F19: Words in Sch. 3 para. 10(3)(d) inserted (E.W.N.I.) (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, {Sch. 26 par. 29(6)(b)(7)}; S.I. 2008/2712, art. 2, Sch. para. 18(b) (subject to arts 3, 4)
F20: Words in Sch. 3 para. 10(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 48(a)

Marginal citations

M1: S.I. 1972/1265 (N.I. 14).

Commencement

I1: Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Notes on Schedule 3

Commencement

I1: Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Notes on Part III

Commencement

I1: Sch. 3 (paras. 1 - 11) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2