Paragraph 2 I1

(1)

This paragraph applies where—

(a)

a community order is in force,

(b)

the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i)

resides in Scotland, or

(ii)

proposes to reside there, and

(c)

it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2)

The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a)

the order to be complied with in Scotland, and

(b)

the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3)

But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.

Annotations

Commencement

I1: Sch. 11 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 11

Modifications

C1: Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C2: Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
C3: Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)