Schedule 11 – Transfer of custody plus orders or intermittent custody orders to Scotland or Northern Ireland Part 4
789.Part 4 contains general provisions applying to custody plus and intermittent custody orders transferred to either Scotland or Northern Ireland. Under paragraph 17(1) the home court (the local court in Scotland or Northern Ireland) can amend a transferred order as regards the residence of the offender, or as regards the requirements, exactly as a court in England and Wales can for an ordinary custody plus or intermittent custody order. Sub-paragraphs (2) and (3) set out procedural requirements for ensuring that the offender is present for any amendment not applied for by the offender, except when the court cancels a requirement, as it is assumed an offender would not object to that. Sub-paragraph (4) ensures that where an amendment is being considered to a requirement which can only be made on recommendation of an officer of the local probation board, “officer of the local probation board” refers to the supervising officer in the case of transferred orders.
790.Paragraph 18 gives the Scottish or Northern Ireland court the option to decline to amend the order and send it back to the original court to deal with.
791.Paragraph 19 requires the court to ensure that any amendments to a transferred suspended sentence order can be complied with in the area of Scotland or Northern Ireland in which the offender lives.
792.Paragraph 20 applies the Schedule to any amended order as it applies to an unamended order. Paragraph 21 provides for the distribution of copies of the amended order.
793.Paragraph 22 applies to cases where orders have been made or amended such that they can be complied with in Scotland and Northern Ireland, but the offender will in fact be serving his sentence in England and Wales, either because the Secretary of State has declined to transfer him or because he wants to transfer back to England and Wales. Sub-paragraph (1)(a) concerns the case indicated in paragraphs 2(4) and 9(4) where the Secretary of State declines to transfer a prisoner who has already had his order amended so as to be able to be complied with in Scotland or Northern Ireland. In this case the court must amend the order so that it can be complied with in England and Wales.
794.Sub-paragraph (1)(b) provides for the home court to amend the requirements of a custody provides for custody plus and intermittent custody orders transferred to Scotland or Northern Ireland to be transferred back to England and Wales. Before the court amends the requirements so that they can be complied with in England and Wales the Secretary of State must have agreed to the transfer, or indicated his willingness to agree to it.
795.Sub-paragraph (3) indicates that the court must amend the order in the case where the Secretary of State has declined to transfer the prisoner. Sub-paragraph (4) requires the court to substitute or cancel any requirement which cannot be complied with in England and Wales. Sub-paragraph (5) requires the court to ensure that an appropriate programme is available in the new area. Sub-paragraph (6) ensures that the petty sessions area is specified on the order when it is transferred back. Sub-paragraph (7) concerns distributing copies of the amended order and sub-paragraph (8) disapplies this Schedule to orders transferred back to England and Wales.
796.Part 5 of this Schedule ensures that the Scottish legislation in relation to electronic monitoring reports being submitted in court will apply to transferred suspended sentence orders, and that summonses, citations and warrants can be executed on offenders in different parts of the United Kingdom.