Schedule 9 – Transfer of community orders to Scotland or Northern Ireland
768.This Schedule is based on Schedule 4 to the Powers of Criminal Courts (Sentencing) Act 2000, and provides for community orders made in England and Wales to transfer to Scotland or Northern Ireland. An order can transfer either at the point of sentence or once the sentence has begun.
769.Paragraphs 1 and 2 concern arrangements to transfer community orders to Scotland, while paragraphs 3 to 4 do the same for Northern Ireland. Paragraphs 5 to 15 are general provisions that apply to transfers to either place.
770.If the court is considering making or amending a community order so that the offender can move to Scotland or Northern Ireland, it must check whether provision can be made for the offender to comply with the requirements and that arrangements for his supervision can be made in the locality in Scotland or Northern Ireland where he proposes to live. If the court is amending an existing order to allow it to transfer, and any requirement cannot be complied with in the locality of Scotland or Northern Ireland (for whatever reason) it must be removed from the order. Otherwise, the court can decline to amend the order and require it to be carried out in England and Wales.
771.When an order transfers, it will be treated as a Scottish or Northern Ireland community order, so the court must specify which corresponding order the community order will transfer as. For example, if the community order requiring unpaid work, it will transfer as a Scottish or Northern Ireland community service order.
772.Paragraph 5 defines various terms used in the Schedule. Paragraph 6 provides for the sentencing court to send copies of the order and other information to the court that will have jurisdiction in Scotland or Northern Ireland. Paragraph 7 describes how the ‘responsible officer’ provisions are to be interpreted in the case of a transferred community order.
773.Paragraph 8 provides for the order to be treated as a corresponding order in Scotland and Northern Ireland. Paragraph 9 requires the court to explain how the order will function once transferred. Paragraph 10 describes what powers the Scottish or Northern Ireland court will have in relation to the order.
774.Under paragraph 11 the Scottish and Northern Ireland courts may summons the offender to the court which made the order if he fails to comply with the requirements of the order (they can also deal with the breach themselves if they wish, as currently)). Paragraph 12 provides that if the offender fails to appear, the court can issue a warrant, and can exercise any power in respect of the community order as if the court were in England and Wales. Paragraph 13 prevents the court from amending a community order unless arrangements can be made for the offender to comply with the amended requirements.
775.Paragraph 14 provides that if a Scottish or Northern Ireland court amends a community order in response to breach, this Schedule continues to apply to that order. Paragraph 15 concerns sending documents to the court which made the order, if the offender is summonsed to appear before that court due to a failure to comply with the requirements.