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Schedule 3 - Release and supervision: minor and consequential provision

Part of Offender Rehabilitation Bill [Lords] – in a Public Bill Committee at 5:15 pm on 28th November 2013.

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“Restricted transfers between England and Wales and Scotland: further provision about supervision default orders

8A (1) This paragraph applies if—

(a) a person’s supervision is transferred to Scotland under paragraph 4 of this Schedule by means of a restricted transfer or transferred back to England and Wales under paragraph 7 of this Schedule, and

(b) at the time of the transfer, or transfer back, a supervision default order is in force in respect of the person.

(2) The supervision default order has effect as if, at the time of the transfer or transfer back, it specified the relevant area in which the person resides or proposes to reside in the new jurisdiction (rather than a relevant area in the jurisdiction from which the person is transferring).

(3) The court acting for that relevant area in the new jurisdiction may amend the supervision default order to specify that area.

(4) In this paragraph—

“relevant area” means—

(a) in England and Wales, a local justice area, and

(b) in Scotland, a local government area within the meaning of the Local Government etc (Scotland) Act 1994;

“supervision default order” has the meaning given in section 268(1) of the 2003 Act.”.

A5 (1) Paragraph 9 (restricted transfers from England and Wales to Northern Ireland) is amended as follows.

(2) In sub-paragraph (2)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(3) In sub-paragraph (4)(a)—

(a) for “264A” substitute “264B”,

(b) after “267B of” insert “, and Schedules 20A and 20B to,” and

(c) after “104” insert “and 106B”.

(4) Omit sub-paragraph (8).

(5) At the end insert—

“(9) The supervision provisions, as applied by sub-paragraph (2) or (4), have effect—

(a) as if any reference to something listed in the first column of the Table in sub-paragraph (11) were a reference to whatever is opposite it in the second column of that Table, and

(b) with the other modifications in sub-paragraph (12).

(10) In this paragraph “the supervision provisions” means—

(a) sections 256AA to 256AC, 256D and 256E of the 2003 Act, and

(b) section 106B of the Powers of Criminal Courts (Sentencing) Act 2000.

(11) The references mentioned in sub-paragraph (9)(a) are—