Transfer of Community Court Orders across the UK

McEwan, Donna (2019) Transfer of Community Court Orders across the UK. [Report]

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    Abstract

    The Criminal Justice Act 2003, Criminal Justice Act 1982, and s.14 of the Criminal Justice & Licensing (Scotland) Act 2010 inserted new provisions (sections 227A to 227ZO) and Schedule 13 into the Criminal Procedure (Scotland) Act 1995 which facilitates the transfer of Community Court Orders within Scotland as well as to and from Scotland, England, Wales & Northern Ireland. This allows for a more straightforward process for the transfer of community orders including Scottish Community Payback Orders and English Community Orders and Suspended Sentence Orders. Previously, community orders could not be easily transferred due to a lack of equivalent legislation. These arrangements are only applicable to those aged 16 and over. The Community Payback Order Practice Guidance sets out the process for transferring a CPO within Scotland.