- Latest available (Revised)
- Point in Time (01/12/2006)
- Original (As enacted)
Version Superseded: 10/03/2008
Point in time view as at 01/12/2006.
There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 2003,
Part 5
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)It may be prescribed that a court, or class of court, is designated as a “drugs court”; that is to say, as a court especially appropriate to deal with cases involving persons dependent on, or with a propensity to misuse, drugs.
(2)It may be prescribed that there is to be a drugs court within (either or both)—
(a)a sheriffdom or sheriff court district, in which case the sheriff principal is, subject to subsection (1), to nominate a court within that sheriffdom or as the case may be sheriff court district;
(b)a commission area, in which case the clerk of the district court is, subject to that subsection, to nominate a district court constituted by a stipendiary magistrate,
to be a drugs court.
(3)Any designation under subsection (1) or nomination under subsection (2) is without prejudice to the powers and jurisdiction of any court; but only a drugs court is to have the powers provided for in subsection (4), being powers—
(a)additional to any other powers the court may have; and
(b)exercisable only as respects such persons as the court is satisfied are persons such as are mentioned in subsection (1).
(4)The powers are, that where an offender has failed to comply with the requirements of a drug treatment and testing order or a probationer with the requirements of a probation order, the court may, subject to subsections (6) and (7), on one, or more than one, occasion—
(a)sentence that person to imprisonment, or as the case may be detention, so however that the total of all periods so imposed in respect of the order is not to exceed twenty-eight days (and accordingly any one such period may be less than any minimum sentence which, but for this paragraph, would fall to be imposed); or
(b)make a community service order within the meaning of section 238(1) of the 1995 Act (power to make such orders), so however that the total of all periods of unpaid work thus required in respect of the order is not to exceed forty hours (and accordingly any one such requirement will be for a period less than that which, but for this paragraph, would fall to be specified),
but the imposition of a sentence under paragraph (a) or making of an order under paragraph (b) does not of itself affect the drug treatment and testing order or probation order.
(5)The Scottish Ministers may by order amend—
(a)paragraph (a) of subsection (4) by substituting, for the period of days; or
(b)paragraph (b) of that subsection, by substituting for the period of hours,
for the time being specified there as a period not to be exceeded, such other period of days, or as the case may be hours, as they think fit.
(6)Where it is—
(a)alleged at—
(i)a review hearing by a drugs court; or
(ii)a diet of such a court to which an offender has been cited under section 234G(1) of the 1995 Act (court actings in respect of breach of drug treatment and testing order),
that the offender has failed to comply with a requirement of a drug treatment and testing order; or
(b)alleged at—
(i)a hearing by such a court, held by virtue of a requirement of a probation order, to review that order; or
(ii)a diet of such a court to which a probationer has been cited under section 232(1) or 233(1) of that Act (failure to comply with requirement of probation order and commission of further offence during probation period),
that the probationer has failed to comply with a requirement of a probation order,
that person shall forthwith be provided with written details of the alleged failure and informed that there is an entitlement to be legally represented and that no answer need be given as respects that allegation before an opportunity has been afforded the person to take legal advice in that regard or the person has indicated that there is no wish to take such advice.
(7)If the offender or probationer denies the allegation, then only if, in accordance with section 232 or as the case may be 234G of the 1995 Act, that person’s failure to comply is proved is the drugs court entitled to proceed as is mentioned in paragraph (a) or (b) of subsection (4).
(8)If under section 234H of the 1995 Act (disposal on revocation of drug treatment and testing order) a drug treatment and testing order is revoked, the court (whether or not a drugs court) must, in imposing any sentence by virtue of subsection (1) of that section, take into account any—
(a)sentence which has been imposed under paragraph (a) of subsection (4); or
(b)order which has been made under paragraph (b) of that subsection,
in relation to a failure to comply with a requirement of the drug treatment and testing order.
(9)A court (whether or not a drugs court) must, in imposing any sentence by virtue of section 232(2)(b) of the 1995 Act (power to sentence offender), take into account any—
(a)sentence which has been imposed under paragraph (a) of subsection (4); or
(b)order which has been made under paragraph (b) of that subsection,
in relation to a failure to comply with a requirement of the probation order in question.
(10)In this section—
“drug treatment and testing order”has the meaning given by section 234B(2) of the 1995 Act (power to make drug treatment and testing order);
“probation order”has the meaning given by section 228(1) of that Act (power to make probation order); and
“review hearing”is to be construed in accordance with section 234F(1)(b) of that Act (periodic review of drug treatment and testing order).
(11)In the 1995 Act—
(a)in section 228(5)(b) (explanation to be given to offender of possible consequences of failure to comply with probation order), at the end there is added “ or may be dealt with under the powers provided for in section 42(4) of the Criminal Justice (Scotland) Act 2003 (asp 7) (powers of drugs court) ”;
(b)in section 232 (probation orders: failure to comply with requirement), at the end there is added—
“(8)This section is subject to section 42(9) of the Criminal Justice (Scotland) Act 2003 (asp 7) (powers of drugs court).”;
(c)in section 234D(1)(b) (explanation to be given to offender of possible consequences of failure to comply with drug treatment and testing order), after the word “Act” there is inserted “ or 42(4) of the Criminal Justice (Scotland) Act 2003 (asp 7) (powers of drugs court) ”; and
(d)in section 234H (disposal on revocation of drug treatment and testing order), at the end there is added—
“(4)This section is subject to section 42(8) of the Criminal Justice (Scotland) Act 2003 (asp 7) (powers of drugs court).”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: