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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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Substituted reference

Crown Court

County court

Justice of the peace

Lay magistrate

Information

Complaint

Local justice area

Petty sessions district

Magistrates’ court

Court of summary jurisdiction

Officer of a provider of probation services

Probation officer

Young offender institution

Young offender centre

(12) The other modifications mentioned in sub-paragraph (9)(b) are—

(a) section 256AA(2)(b) of the 2003 Act has effect as if it also referred to—

(i) a custody probation order or licence under Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24), and

(ii) a licence under the Northern Ireland (Sentences) Act 1998, Part 3 of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) or Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),

(b) section 256AC of the 2003 Act has effect as if subsections (4)(c), (5) and (10) (provision for supervision default orders) were omitted, and

(c) subsection (7)(b) of that section has effect as if for “the Secretary of State” there were substituted “the Department of Justice in Northern Ireland”.”.

A6 (1) Paragraph 15 (unrestricted transfers: general) is amended as follows.

(2) In sub-paragraph (4A), for “This paragraph has” substitute “Sub-paragraphs (3) and (4) have”.

(3) After sub-paragraph (4A) insert—

“(4B) A person who is subject to a period of supervision of a type or length which could not have been imposed on an offender in the place to which the person has been transferred is to be treated for the relevant purposes as the receiving authority may direct.

(4C) In sub-paragraph (4B), “the receiving authority” means—

(a) in relation to a person transferred to Scotland, the Scottish Ministers,

(b) in relation to a person transferred to Northern Ireland, the Department of Justice in Northern Ireland, and

(c) in relation to any other person, the Secretary of State.”.

A7 After paragraph 19 insert—