Criminal Justice Act 1991 (c. 53)

(The document as of February, 2008)

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(b) may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.

(3) In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the relevant order shall be determined by the court and not by the verdict of a jury.

Exclusions

5 (1) Without prejudice to paragraphs 7 and 8 below, an offender who is convicted of a further offence while a relevant order is in force in respect of him shall not on that account be liable to be dealt with under paragraph 3 or 4 above in respect of a failure to comply with any requirement of the order.

(2) An offender who is required by a probation order to submit to treatment for his mental condition, or his dependency on drugs or alcohol, shall not be treated for the purposes of paragraph 3 or 4 above as having failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

Supplemental

6 (1) Any exercise by a court of its powers under paragraph 3(1)(a), (b) or (c) or 4(1)(a) or (b) above shall be without prejudice to the continuance of the relevant order.

(2) Section 18 of this Act shall apply for the purposes of paragraph 3(1)(a) above as if the failure to comply with the requirement were a summary offence punishable by a fine not exceeding level 3 on the standard scale; and a fine imposed under that paragraph or paragraph 4(1)(a) above shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction.

(3) The number of hours which an offender may be required to work under a community service order made under paragraph 3(1)(b) or 4(1)(b) above--

(a) shall be specified in the order and shall not exceed 60 in the aggregate; and

(b) where the relevant order is a community service order, shall not be such that the total number of hours under both orders exceeds the maximum specified in section 14(1A) of the 1973 Act.

(4) Section 14(2) of the 1973 Act and, so far as applicable--

(a) the following provisions of that Act relating to community service orders; and

(b) the provisions of this Schedule so far as so relating,

shall have effect in relation to a community service order under paragraph 3(1)(b) or 4(1)(b) above as they have effect in relation to a community service order in respect of an offender.

(5) Where the provisions of this Schedule have effect as mentioned in sub-paragraph (4) above, the powers conferred by those provisions to deal with the offender for the offence in respect of which the community service order was made shall be construed as powers to deal with the offender for the failure to comply with the requirements of the relevant order in respect of which the community service order was made.

Part III Revocation of Order

Revocation of order with or without re-sentencing

7 (1) This paragraph applies where a relevant order is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a magistrates' court acting for the petty sessions area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice--

(a) that the order should be revoked; or

(b) that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

(2) The court may--

(a) if the order was made by a magistrates' court--

(i) revoke the order; or

(ii) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence; or

(b) if the order was made by the Crown Court, commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(3) The circumstances in which a probation order may be revoked under sub-paragraph (2)(a)(i) above shall include the offender's making good progress or his responding satisfactorily to supervision.

(4) In dealing with an offender under sub-paragraph (2)(a)(ii) above, a magistrates' court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

(5) An offender sentenced under sub-paragraph (2)(a)(ii) above may appeal to the Crown Court against the sentence.

(6) Where the court deals with an offender's case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

(7) Where a magistrates' court proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

(8) No application may be made by the offender under sub-paragraph (1) above while an appeal against the relevant order is pending.

8 (1) This paragraph applies where an offender in respect of whom a relevant order is in force--

(a) is convicted of an offence before the Crown Court; or

(b) is committed by a magistrates' court to the Crown Court for sentence and is brought or appears before the Crown Court; or

(2) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may--

(a) revoke the order; or

(b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by or before the court of the offence.

(3) The circumstances in which a probation order may be revoked under sub-paragraph (2)(a) above shall include the offender's making good progress or his responding satisfactorily to supervision.

(4) In dealing with an offender under sub-paragraph (2)(b) above, the Crown Court shall take into account the extent to which the offender has complied with the requirements of the relevant order.

Revocation of order following custodial sentence

9 (1) This paragraph applies where--

(a) an offender in respect of whom a relevant order is in force is convicted of an offence before a magistrates' court other than a magistrates' court acting for the petty sessions area concerned; and

(b) the court imposes a custodial sentence on the offender.

(2) If it appears to the court, on the application of the offender or the responsible officer, that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the court may--

(a) if the order was made by a magistrates' court, revoke it; and

(b) if the order was made by the Crown Court, commit the offender in custody or release him on bail until he can be brought or appear before the Crown Court.

(3) Where the court deals with an offender's case under sub-paragraph (2)(b) above, it shall send to the Crown Court such particulars of the case as may be desirable.

10 Where by virtue of paragraph 9(2)(b) above an offender is brought or appears before the Crown Court and it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the relevant order was made, the Crown Court may revoke the order.

Supplemental

11 (1) On the making under this Part of this Schedule of an order revoking a relevant order, the clerk to the court shall forthwith give copies of the revoking order to the responsible officer.

(2) A responsible officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the offender and to the person in charge of any institution in which the offender was required by the order to reside.

Part IV Amendment of Order

Amendment by reason of change of residence

12 (1) This paragraph applies where, at any time while a relevant order is in force in respect of an offender, a magistrates' court acting for the petty sessions area concerned is satisfied that the offender proposes to change, or has changed, his residence from that petty sessions area to another petty sessions area.

(2) Subject to sub-paragraphs (3) and (4) below, the court may, and on the application of the responsible officer shall, amend the relevant order by substituting the other petty sessions area for the area specified in the order or, in the case of a curfew order, a place in that other area for the place so specified.

(3) The court shall not amend under this paragraph a probation or curfew order which contains requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the petty sessions area concerned unless, in accordance with paragraph 13 below, it either--

(a) cancels those requirements; or

(b) substitutes for those requirements other requirements which can be complied with if the offender ceases to reside in that area.

(4) The court shall not amend a community service order under this paragraph unless it appears to the court that provision can be made for the offender to perform work under the order under the arrangements which exist for persons who reside in the other petty sessions area to perform work under such orders.

Amendment of requirements of probation or curfew order

13 (1) Without prejudice to the provisions of paragraph 12 above, but subject to sub-paragraph (2) below, a magistrates' court for the petty sessions area concerned may, on the application of the offender or the responsible officer, by order amend a probation or curfew order--

(a) by cancelling any of the requirements of the order; or

(b) by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were then making the order.

(2) The power of a magistrates' court under sub-paragraph (1) above shall be subject to the following restrictions, namely--

(a) the court shall not amend a probation order--

(i) by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order; or

(ii) by inserting in it a requirement that the offender shall submit to treatment for his mental condition, or his dependency on drugs or alcohol, unless the amending order is made within three months after the date of the original order; and

(b) the court shall not amend a curfew order by extending the curfew periods beyond the end of six months from the date of the original order.

(3) In this paragraph and paragraph 14 below, references to the offender's dependency on drugs or alcohol include references to his propensity towards the misuse of drugs or alcohol.

Amendment of certain requirements of probation order

14 (1) Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order--

(a) is of the opinion mentioned in sub-paragraph (2) below; or

(b) is for any reason unwilling to continue to treat or direct the treatment of the offender,

he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates' court for the petty sessions area concerned for the variation or cancellation of the requirement.

(2) The opinion referred to in sub-paragraph (1) above is--

(a) that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

(b) that the offender needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order;

(d) that the offender does not require further treatment.

Extension of community service order

15 Where--

(a) a community service order is in force in respect of any offender; and

(b) on the application of the offender or the responsible officer, it appears to a magistrates' court acting for the petty sessions area concerned that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made,

the court may, in relation to the order, extend the period of twelve months specified in section 15(2) of the 1973 Act.

Supplemental

16 No order may be made under paragraph 12 above, and no application may be made under paragraph 13 or 15 above, while an appeal against the relevant order is pending.

17 (1) Subject to sub-paragraph (2) below, where a court proposes to exercise its powers under this Part of this Schedule, otherwise than on the application of the offender, the court--

(a) shall summon him to appear before the court; and

(b) if he does not appear in answer to the summons, may issue a warrant for his arrest;

and the court shall not amend a relevant order under this Part of this Schedule unless the offender expresses his willingness to comply with the requirements of the order as amended.

(2) This paragraph shall not apply to an order cancelling a requirement of a relevant order or reducing the period of any requirement, or substituting a new petty sessions area or a new place for the one specified in a relevant order.

18 (1) On the making under this Part of this Schedule of an order amending a relevant order, the clerk to the court shall forthwith--

(a) if the order amends the relevant order otherwise than by substituting a new petty sessions area or a new place for the one specified in the relevant order, give copies of the amending order to the responsible officer;

(b) if the order amends the relevant order in the manner excepted by paragraph (a) above, send to the clerk to the justices for the new petty sessions area or, as the case may be, for the petty sessions area in which the new place is situated--

(i) copies of the amending order; and

(ii) such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;

and in a case falling within paragraph (b) above the clerk to the justices for that area shall give copies of the amending order to the responsible officer.

(2) A responsible officer to whom in accordance with sub-paragraph (1) above copies of an order are given shall give a copy to the offender and to the person in charge of any institution in which the offender is or was required by the order to reside.

Section 16.

SCHEDULE 3 Reciprocal Enforcement of Certain Orders

Part I Transfer of Community Orders to Scotland or Northern Ireland

Probation orders: Scotland

1 (1) Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 2 of the 1973 Act (probation orders) shall have effect as if after subsection (1) there were inserted the following subsection--

" (1A) A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the regional or islands council in whose area he resides, or will be residing when the order comes into force. "

(2) Where a probation order has been made and--

(a) a magistrates' court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland; and

(b) it appears to the court that suitable arrangements for his supervision can be made by the regional or islands council in whose area he proposes to reside or is residing,

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act (additional requirements in probation orders) shall have effect as if--

(a) any reference to a probation officer were a reference to an officer of the regional or islands council in whose area the offender resides or will be residing when the order or amendment comes into force;

(b) the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the regional or islands council for that area;

(d) the reference in paragraph 5(3) to a mental hospital were a reference to a hospital within the meaning of the [1984 c. 36.] Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act.

(4) A probation order made or amended in accordance with this paragraph shall--

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) specify as the appropriate court for the purposes of subsection (2) of section 183 or 384 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.

Probation orders: Northern Ireland

2 (1) Where a court considering the making of a probation order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 2 of the 1973 Act shall have effect as if after subsection (1) there were inserted the following subsection--

" (1A) A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland. "

(2) Where a probation order has been made and--

(a) a magistrates' court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

(b) it appears to the court that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland,

the power of the court to amend the order under Part IV of Schedule 2 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 1A to the 1973 Act shall have effect as if--

(a) any reference to a probation officer were a reference to a probation officer assigned to the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force;

(b) the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the Probation Board for Northern Ireland;

(c) references in paragraph 3 to a probation centre were references to a day centre within the meaning of section 2B of the [1950 c. 7. (N.I.).] Probation Act (Northern Ireland) 1950; and

(d) the reference in paragraph 5(3) to treatment as a resident patient in a mental hospital were a reference to treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health and Social Services for Northern Ireland for the purposes of section 2 of the [1950 c. 7. (N.I.).] Probation Act (Northern Ireland) 1950.

(4) A probation order made or amended in accordance with this paragraph shall specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force.

Community service orders: Scotland

3 (1) Where a court considering the making of a community service order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect as if for subsection (2A) there were substituted the following subsection--

" (2A) A court shall not make a community service order in respect of any offender unless--

(a) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, to perform work under community service orders made under section 1 of the [1978 c. 49.] Community Service by Offenders (Scotland) Act 1978; and

(b) it appears to the court that provision can be made for him to perform work under those arrangements. "

(2) Where a community service order has been made and--

(a) a magistrates' court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Scotland;

(b) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the locality in Scotland in which the offender proposes to reside or is residing to perform work under community service orders made under section 1 of the Community Service by Offenders (Scotland) Act 1978; and

(c) it appears to the court that provision can be made for him to perform work under the community service order under those arrangements,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed.

(3) A community service order made or amended in accordance with this paragraph shall--

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) require the regional or islands council in whose area the locality specified under paragraph (a) above is situated to appoint or assign an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the local authority officer by the Community Service by Offenders (Scotland) Act 1978.

Community service orders: Northern Ireland

4 (1) Where a court considering the making of a community service order is satisfied that the offender resides in Northern Ireland, or will be residing there when the order comes into force, section 14 of the 1973 Act shall have effect--

(a) in the case of an offender aged sixteen, as if the reference in subsection (1A) to 240 hours were a reference to 120 hours; and

(b) in any case, as if for subsection (2A) there were substituted the following subsection--

" (2A) A court shall not make a community service order in respect of any offender unless it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order. "

(2) Where a community service order has been made and--

(a) a magistrates' court acting for a petty sessions area for the time being specified in it is satisfied that the offender proposes to reside or is residing in Northern Ireland; and

(b) it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,

it may amend the order by specifying that the unpaid work required to be performed by the order be so performed and, where the offender is aged sixteen, by making any such reduction in the aggregate number of hours specified in the order as is required by sub-paragraph (1)(a) above.

(3) A community service order made or amended in accordance with this paragraph shall--

(a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by the [S.I. 1976/226 (N.I. 4).] Treatment of Offenders (Northern Ireland) Order 1976.

Combination orders: Scotland

5 Paragraphs 1 and 3 above shall apply in relation to combination orders--

(a) in so far as they impose such a requirement as is mentioned in paragraph (a) of subsection (1) of section 11 of this Act, as if they were probation orders; and

(b) in so far as they impose such a requirement as is mentioned in paragraph (b) of that subsection, as if they were community service orders.

General

6 (1) Where a community order is made or amended in any of the circumstances specified in this Schedule, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

(2) Where a community order is made or amended in any of the circumstances specified in this Schedule, then, subject to the following provisions of this paragraph--

(a) the order shall be treated as if it were a corresponding order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and

(b) the legislation relating to such orders which has effect in that part of the United Kingdom shall apply accordingly.

(3) Before making or amending a community order in those circumstances the court shall explain to the offender in ordinary language--

(a) the requirements of the legislation relating to corresponding orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;

(b) the powers of the home court under that legislation, as modified by this paragraph; and

and an explanation given in accordance with this sub-paragraph shall be sufficient without the addition of an explanation under section 2(3) or 14(5) of the 1973 Act.

(4) The home court may exercise in relation to the community order any power which it could exercise in relation to a corresponding order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part, except the following, namely--

(a) in the case of a probation order or a combination order, a power conferred by section 186(2)(b), 187, 387(2)(b) or 388 of, or paragraph 1 of Schedule 5 to, the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

(b) in the case of a probation order, a power conferred by section 4(3)(d) or (4B)(d) or 6 of, or paragraph 1 of Schedule 2 to, the [1950 c. 7. (N.I.).] Probation Act (Northern Ireland) 1950; and

(i) a power conferred by section 4(2)(b) or 5(1)(c) or (d) of the [1978 c. 49.] Community Service by Offenders (Scotland) Act 1978;

(ii) a power conferred by Article 9(3)(a) or (b) or (5)(b) or 10 of the [SI. 1976/226 (N.I. 4).] Treatment of Offenders (Northern Ireland) Order 1976; or

(iii) a power to vary the order by substituting for the number of hours of work specified in it any greater number than the court which made the order could have specified.

(5) If at any time while legislation relating to corresponding orders which has effect in Scotland or Northern Ireland applies by virtue of sub-paragraph (2) above to a community order made in England and Wales--

(a) it appears to the home court--

(i) if that court is in Scotland, on evidence on oath from the local authority officer concerned; and

(ii) if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,

that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or

(b) it appears to the home court on the application of the offender or--

(i) if that court is in Scotland, of the local authority officer concerned; and

(ii) if it is in Northern Ireland, of the probation officer concerned,

that it would be in the interests of justice for a power conferred by paragraph 7 or 8 of Schedule 2 to this Act to be exercised,

the home court may require the offender to appear before the court which made the order.

(6) Where an offender is required by virtue of sub-paragraph (5) above to appear before the court which made the community order, that court--

(a) may issue a warrant for his arrest; and

(b) may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales,

and any enactment relating to the exercise of such powers shall have effect accordingly, and with any reference to the responsible officer being construed as a reference to the local authority or probation officer concerned.

(7) Where an offender is required by virtue of paragraph (a) of sub-paragraph (5) above to appear before the court which made the community order--

(a) the home court shall send to that court a certificate certifying that the offender has failed to comply with such of the requirements of the order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and

(b) a certificate purporting to be signed by the clerk of the home court shall be admissible as evidence of the failure before the court which made the order.

(8) In this paragraph--

"corresponding order", in relation to a combination order, means a probation order including such a requirement as is mentioned in subsection (5A) of section 183 or 384 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;
"home court" means--

(a) if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which he resides or proposes to reside; and

(b) if he resides in Northern Ireland, or will be residing there at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside;

"the local authority officer concerned", in relation to an offender, means the officer of a regional or islands council responsible for his supervision or, as the case may be, discharging in relation to him the functions assigned by the [1978 c. 49.] Community Service by Offenders (Scotland) Act 1978;
"the probation officer concerned", in relation to an offender, means the probation officer responsible for his supervision or, as the case may be, discharging in relation to him the functions conferred by Part III of the [S.I. 1976/226 (N.I. 4).] Treatment of Offenders (Northern Ireland) Order 1976;
"the relevant time" means the time when the order or the amendment to it comes into force.

Part II Transfer of Corresponding Orders from Scotland

Probation orders

7 (1) The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

(2) In each of sections 183 and 384 (which provide, respectively, for probation orders in solemn and in summary proceedings), in subsection (1A) for the words "by the local authority in whose area he resides or is to reside" there shall be substituted the following paragraphs--

" (a) in a case other than that mentioned in paragraph (b) below, by the local authority in whose area he resides or is to reside; or

(b) in a case where, by virtue of section 188(1) of this Act, subsection (2) of this section would not apply, by the probation committee for the area which contains the petty sessions area which would be named in the order " .

(3) In each of sections 188 and 389 (which provide, respectively, for probation orders relating to persons residing in England being made in solemn and in summary proceedings)--

(a) in subsection (1)--

(i) for the words "that the offender shall perform unpaid work" there shall be substituted the words "which, while corresponding to a requirement mentioned in paragraph 2 or 3 of Schedule 1A to the [1973 c. 62.] Powers of Criminal Courts Act 1973, would if included in a probation order made under that Act fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be 3(3)(a), of that Schedule";

(ii) for the word "17" there shall be substituted the word "16"'

(iii) the word "and", where it secondly occurs, shall cease to have effect; and

(iv) at the end there shall be added the words "; and where the order includes a requirement that the probationer perform unpaid work for a number of hours, the number specified shall not exceed one hundred.";

(b) in subsection (2)--

(i) for the words "that the probationer has attained the age of 17 years and proposes to reside in or is residing in England" there shall be substituted the following paragraphs--

" (a) that the probationer has attained the age of 16 years;

(b) that he proposes to reside, or is residing, in England; and

(c) that suitable arrangements for his supervision can be made by the probation committee for the area which contains the petty sessions area in which he resides or will reside " ; and

(ii) after the word "section", where it secondly occurs, there shall be inserted the words "or to vary any requirement for performance of unpaid work so that such hours as remain to be worked do not exceed one hundred";

(i) in paragraph (a), for the words "section 3(2) of" and "section 3 of" there shall be substituted, respectively, the words "paragraph 5(3) of Schedule 1A to" and "paragraph 5 of Schedule 1A to"; and

(ii) in paragraph (b), for the words "subsections (4) to (6) of section 3 of" there shall be substituted the words "sub-paragraphs (5) to (7) of paragraph 5 of Schedule 1A to";

(d) in subsection (4), for the words from "the Powers" to the end of the proviso there shall be substituted the words " Schedule 2 to the Criminal Justice Act 1991 shall apply to the order--

(a) except in the case mentioned in paragraph (b) below, as if that order were a probation order made under section 2 of the Powers of Criminal Courts Act 1973; and

(b) in the case of an order which contains a requirement such as is mentioned in subsection (5A) of section 183 or 384 of this Act, as if it were a combination order made under section 11 of the said Act of 1991:

Provided that Part III of that Schedule shall not so apply; and sub-paragraphs (3) and (4) of paragraph 3 of that Schedule shall so apply as if for the first reference in the said sub-paragraph (3) to the Crown Court there were substituted a reference to a court in Scotland and for the other references in those sub-paragraphs to the Crown Court there were substituted references to the court in Scotland. " ; and

(e) in subsection (5), for the words from "for which" to "this section" there shall be substituted the words "named in a probation order made or amended under this section that the person to whom the order relates".

(4) Sections 189 and 390 (which make further provision as to probation orders in, respectively, solemn and summary proceedings) shall cease to have effect.

Community service orders

8 Section 6 of the [1978 c. 49.] Community Service by Offenders (Scotland) Act 1978 (community service orders relating to persons residing in England and Wales) shall be amended as follows--

(a) in subsection (1)(a), for the words from "for paragraphs" to the end of paragraph (b) as substituted in section 1(2) of that Act there shall be substituted the words " , in subsection (2), paragraph (b) were omitted and for paragraph (d) there were substituted the following paragraph-- " ;and

(b) in subsection (2), paragraph (b) shall cease to have effect.

Supervision requirements

9 Section 72 of the [1968 c. 49.] Social Work (Scotland) Act 1968 (supervision of children moving to England and Wales or to Northern Ireland) shall be amended as follows--

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