http://www.legislation.gov.uk/id/asp/2003/7

http://www.legislation.gov.uk/asp/2003/7/section/47/2004-05-01

Criminal Justice (Scotland) Act 2003

An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.

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Statute Law Database

2024-07-30

2004-05-01

Criminal Justice (Scotland) Act 2003

specified provision(s) and purposes

The Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003

art. 2

Sch.

Part 6Non-custodial punishments

47Requirement for remote monitoring in drug treatment and testing order

1

The 1995 Act is amended as follows.

2

After section 234C there is inserted—

234CARequirement for remote monitoring in drug treatment and testing order
1
A drug treatment and testing order may include a requirement that during such period as may be specified in the requirement, being a period not exceeding twelve months, the offender comply with such restrictions as to his movements as the court thinks fit; and paragraphs (a) and (b) of subsection (2) of section 245A of this Act (with the qualification of paragraph (a) which that subsection contains) shall apply in relation to any such requirement as they apply in relation to a restriction of liberty order.
2
The clerk of the court shall cause a copy of a drug treatment and testing order which includes such a requirement to be sent to the person who is to be responsible for monitoring the offender’s compliance with the requirement.
3
If, within the period last specified by virtue of subsection (1) above or (6)(d) below, it appears to the person so responsible that the offender has failed to comply with the requirement the person shall so inform the supervising officer appointed by virtue of section 234C(6) of this Act, who shall report the matter to the court.
4
Section 245H shall apply in relation to proceedings under section 234G of this Act as respects a drug treatment and testing order which includes such a requirement as it applies in relation to proceedings under section 245F of this Act.
5
Sections 245A(6) and (8) to (11), 245B and 245C of this Act shall apply in relation to the imposition of, or as the case may be compliance with, requirements included by virtue of subsection (1) above in a drug treatment and testing order as those sections apply in relation to the making of, or as the case may be compliance with, a restriction of liberty order.
6
In relation to a drug testing order which includes such a requirement, section 234E of this Act shall apply with the following modifications—
a
the persons who may make an application under subsection (1) of that section shall include the person responsible for monitoring the offender’s compliance with the requirement, but only in so far as the application relates to the requirement;
b
the reference in subsection (2) of that section to the supervising officer shall be construed as a reference to either that officer or the person so responsible;
c
where an application is made under subsection (1) of that section and relates to the requirement, the persons to be heard under subsection (3) of that section shall include the person so responsible;
d
the ways of varying the order which are mentioned in subsection (3)(a) of that section shall include increasing or decreasing the period specified by virtue of subsection (1) above (or last specified by virtue of this paragraph) but not so as to increase that period above the maximum mentioned in subsection (1) above; and
e
the reference in subsection (5) of that section—
i
to the supervising officer shall be construed as a reference to either that officer or the person so responsible; and
ii
to sections 234B(5) and 234D(1) shall be construed as including a reference to section 245A(6) and (11).
7
Where under section 234E or 234G(2)(b) of this Act the court varies such a requirement, the clerk of court shall cause a copy of the amended drug treatment and testing order to be sent—
a
to the person responsible for monitoring the offender’s compliance with the requirement; and
b
where the variation comprises a change in who is designated for the purposes of such monitoring, to the person who, immediately before the order was varied, was so responsible.

3

In section 234E (amendment of drug treatment and testing order), at the end there is added—

7
This section is subject to section 234CA(6) of this Act.

4

In section 234G (breach of drug treatment and testing order)—

a

in subsection (2)(b), at the end there is added “ so however that any extension of the period of a requirement imposed by virtue of section 234CA of this Act shall not increase that period above the maximum mentioned in subsection (1) of that section ”; and

b

after subsection (2) there is inserted—

2A
Subsections (6) and (11) of section 245A of this Act apply to the variation, under paragraph (b) of subsection (2) above, of a requirement imposed as is mentioned in that paragraph as they apply to the making of a restriction of liberty order.