OpenLegislation

Paragraph 25 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where—

(a)

a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b)

the offender resides in Scotland.

(2)

The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(3)

The court may not impose—

(a)

an alcohol abstinence and monitoring requirement,

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(c)

an electronic whereabouts monitoring requirement;

(4)

The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a)

arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b)

provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5)

The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a)

paragraph 6;

(b)

paragraphs 14 to 23.

Annotations

Textual amendments

F1

Sch. 11 para. 25(3)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 9(3); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

Commencement

I1

Sch. 11 para. 25 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)