Paragraph 11 I1

(1)

Schedule 6 (overseas community orders) is amended as follows.

(2)

In the shoulder reference, for “section 182” substitute “ section 183(6) ”.

(3)

In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “ paragraph 1(1) of Schedule 9 to the Sentencing Code ”.

(4)

In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “ paragraph 11(1) of Schedule 9 to the Sentencing Code ”.

(5)

In paragraph 3 (residence requirement)—

(a)

for sub-paragraph (1) substitute—

“(1)
In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—
(a)
in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;
(b)
in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.”;

(b)

in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “ Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) ” does not apply”;

(c)

in sub-paragraph (4), for “specified” substitute “ particular ”;

(d)

omit sub-paragraph (5).

(6)

In paragraph 4 (mental health requirement)—

(a)

in sub-paragraph (1)—

(i)

for “section 207(3) of the 2003 Act” substitute “ paragraph 17(1) of Schedule 9 to the Sentencing Code ”;

(ii)

for “of offender to mental health requirement” substitute “ condition ”;

(b)

in sub-paragraph (2)—

(i)

for “section 208(1) of the 2003 Act” substitute “ paragraph 18 of Schedule 9 to the Sentencing Code ”;

(ii)

for “the words “with the consent of the offender” do” substitute “ sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does ”.

(7)

In paragraph 5 (drug rehabilitation requirement)—

(a)

in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “ paragraph 19(1) of Schedule 9 to the Sentencing Code ”;

(b)

in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “ paragraph 19(1)(b) of Schedule 9 to the Sentencing Code ”;

(c)

in sub-paragraph (3)—

(i)

for “section 209(2) of the 2003 Act” substitute “ paragraph 20(1) of Schedule 9 to the Sentencing Code ”;

(ii)

for “of offender to drug rehabilitation requirement” substitute “ condition ”.

(8)

In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “ paragraph 23(1) of Schedule 9 to the Sentencing Code ”.

(9)

In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “ paragraph 13 of Schedule 23 to the Sentencing Act 2020 ”.

Annotations

Commencement

I1: Sch. 25 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2