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INTRODUCTION
1. This paper provides guidance on the cross border
transfer of two new court supervision orders introduced by
the Criminal Justice Act 2003. They are scheduled for
introduction in England and Wales on 4 April 2005.
2.
Chapter One provides guidance on the cross
border transfer to and supervision in Scotland of
Community Orders. These Orders replace the
existing different and separate community based supervision
orders that can currently be made in England (eg: Probation
Orders known in England as Community Rehabilitation Orders;
Community Service Orders known as Community Punishment
Orders; Drug Treatment and Testing Orders etc).
3.
Chapter Two provides guidance on the cross
border transfer to and supervision in Scotland of
Suspended Sentence Orders. These are
prison sentences that are suspended provided the offender
adheres to conditional supervision in the community and
refrains from further offending.
4. The Criminal Justice Act 2003 introduces two further
new orders -
Custody Plus Orders and
Intermittent Custody Orders which in due
course will also be transferable to Scotland. No timetable
for the implementation of Custody Plus Orders in England
& Wales has yet been announced. Pilot projects have
commenced in ten English areas with regard to Intermittent
Custody Orders but it has been agreed for the time being
these will not be transferable to Scotland. Guidance in
relation to these Orders will be issued in due course prior
to enabling their transfer to Scotland.
Chapter Three provides, for information
only, a brief description of these additional orders.
5. This Paper replaces current Guidance and National
Standards on the cross border transfer
to Scotland of the existing range of community based
supervision orders made by English courts. However, the old
Guidance and National Standards will continue to apply to
the transfer of (a) all English
supervision orders madeprior to 4 April 2005 and (b) all English
supervision orders made in relation to
offences committedprior to 4 April, 2005. Please note existing
Guidance and National Standards relating to cross border
transfers
from Scotland to England remain in force.
6. This Paper provides guidance. It does not purport to
give definitive legal interpretation. In case of doubt,
legal opinion should be sought.
7. Throughout this guidance, reference to the terms
England and
English should be read as encompassing reference
to Wales and Welsh and reference to the term
Probation Officer should be taken to include
reference to a social worker or Youth Offender Team officer
in relation to offenders under 18 years of age.
8. This Guidance has been discussed with and endorsed by
the Home Office and is produced by the Community Justice
Services Division, Justice Department, Scottish Executive
at St Andrews House, Edinburgh. For further information,
please contact Gareth Brown (regarding Community Orders) on
0131-244-4233 email
gareth.brown@scotland.gsi.gov.uk ,Christine Thomson (in relation to Suspended Sentence
Orders) on 0131-244-4250 or email
christine.thomson@scotland.gsi.gov.uk , or Jackie Knox (regarding electronic monitoring) on
0131-244-3662 email
jackie.knox@scotland.gsi.gov.uk
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