Criminal Procedure (Scotland) Act 1995

[F1 227ZG Restricted movement requirements: further provision S

(1) A court may not impose a restricted movement requirement requiring the offender to be, or not to be, in a specified place unless it is satisfied that the offender's compliance with the requirement can be monitored by the method specified in the requirement.

(2) Before imposing a restricted movement requirement requiring the offender to be in a specified place, the appropriate court must obtain and consider a [F2 written] report by an officer of the local authority in whose area the place is situated on—

(a) the place, and

[F3 (aa) the suitability of the place (particularly with a view to maximising the prospect of the offender's compliance with the requirement and minimising the risk of reoffending by the offender),]

(b) the attitude of any person (other than the offender) likely to be affected by the enforced presence of the offender at the place.

(3) The court may, before imposing the requirement, hear the officer who prepared the report.]

Textual Amendments

F1 Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

F2 Word in s. 227ZG(2) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 5(2)(a); S.S.I. 2019/309, reg. 2, sch.

F3 S. 227ZG(2)(aa) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 5(2)(b); S.S.I. 2019/309, reg. 2, sch.