The amendment, new clause and new schedule enable community orders to transfer to Scotland and Northern Ireland. The provisions are modelled on schedule 4 to the Powers of Criminal Courts (Sentencing) Act 2000, with modifications made necessary by the changes to community sentences in England and Wales. A community order can be transferred to Scotland and Northern Ireland either at the point of sentencing or during the sentence. When considering the transfer, it must appear to the court that the requirements can be complied with in

the area where the offender proposes to go. The order must specify where in Scotland or Northern Ireland the offender will reside, and the appropriate local court, to which the sentencing or amending court will send all the relevant papers.

The sentencing court will decide which order in Scotland or Northern Ireland corresponds to the community order. The offender will then serve his sentence, and be treated by the Scottish or Northern Ireland probation service equivalents, in the same way as though it had originally been made in Scotland or Northern Ireland.

If it appears to a Scottish or Northern Ireland court that the offender has failed to comply with any of the requirements of the order, or that the order should be revoked, with or without re-sentencing, that court may require the offender to appear before the court in England and Wales that originally sentenced him. The sentencing court can then deal with him in the way specified in schedule 7.