- Latest available (Revised)
- Point in Time (28/10/2004)
- Original (As enacted)
Version Superseded: 01/02/2011
Point in time view as at 28/10/2004. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Antisocial Behaviour etc. (Scotland) Act 2004, Paragraph 5 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
5(1)The Criminal Procedure (Scotland) Act 1995 shall be amended as follows.
(2)In subsection (2)(b)(ii) of section 79 (preliminary pleas and preliminary issues), after “Act” there shall be inserted “ section 9(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) or that section of that Act as applied by section 234AA(11) of this Act ”.
(3)In subsection (4) of section 193A (suspension of certain sentences pending determination of appeal), after paragraph (d) there shall be inserted—
“(e)a community reparation order.”.
(4)In section 219 (imprisonment for non-payment of fines)—
(a)in subsection (1), after “Act” there shall be inserted “ and subsection (1A) below ”; and
(b)after subsection (1) there shall be inserted—
“(1A)Subsection (1) shall not apply to a fine imposed for an offence under section 107 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).”.
(5)In section 235 (supervised attendance orders)—
(a)in subsection (1), after “(4)” there shall be inserted “ or (4A) ”;
(b)after subsection (2), there shall be inserted—
“(2A)In making a supervised attendance order where subsection (4A) below applies, a court shall take into consideration the best interests of any person under the age of 16 in respect of whom the offender has parental responsibilities within the meaning of Part I of the Children (Scotland) Act 1995 (c. 36).”;
(c)after subsection (4), there shall be inserted—
“(4A)This subsection applies where, having been convicted of an offence under section 107 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), the offender has had imposed on him a fine which (or any part or instalment of which) he has failed to pay.”; and
(d)in subsection (6)—
(i)the word “or”, where it first appears, is omitted; and
(ii)after “(4)(c)” there shall be inserted “ or (4A) ”.
(6)In subsection (3) of section 239 (requirements of community service orders), after “works” there shall be inserted “ (or carries out voluntary work) ”.
(7)In section 245D (combination of restriction of liberty order with probation order or drug treatment and testing order)—
(a)in subsection (1)(b)—
(i)after “to”, where it first occurs, there shall be inserted—
“(i)in the case of an offender who is under 16 years of age,”;
(ii)for “or to”, where those words first occur, there shall be substituted—
“(ii)in the case of an offender who is 16 years of age or more, a probation order made under section 228(1) of this Act,”; and
(iii)the word “to”, where it thirdly occurs, is repealed; and
(b)in subsection (3), after “and”, where it secondly occurs, there shall be inserted—
“(a)in the case of an offender who is under 16 years of age, a probation order;
(b)in the case of an offender who is 16 years of age or more,”.
(8)In subsection (1)(b) of section 245E (variation of restriction of liberty orders), after “court,”, where it first occurs, there shall be inserted “ apply ”.
(9)In subsection (2) of section 245G (disposal on revocation of restriction of liberty order), after “disposing” there shall be inserted “ of ”.
(10)In subsection (1)(b) of section 245H (documentary evidence in proceedings under section 245F), for “person subject to the order” there shall be substituted “ offender ”.
(11)In paragraph 3 of Schedule 7 (supervised attendance orders)—
(a)in sub-paragraph (1), after “works” there shall be inserted “ (or carries out voluntary work) ”; and
(b)in sub-paragraph (3), after “works” there shall be inserted “ (or carries out voluntary work) ”.
(12)In Schedule 9 (certificates as to proof of certain routine matters), at the end there shall be inserted the following entry—
“The Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), section 45(1). | An officer of a local authority within the meaning of that Act authorised to do so by the authority. | That a level of noise specified in the certificate was measured at a time and in a place specified in the certificate using an approved device within the meaning of that Act.” |
Commencement Information
I1Sch. 4 para. 5 wholly in force at 4.4.2005; Sch. 4 not in force at Royal Assent see s. 145(2); para 5(1)-(3)(6)(11) in force at 28.10.2004, para 5(12) in force at 1.1.2004, and para. 5(4)(5)(7)-(10) in force at 4.4.2005 by S.S.I. 2004/420, art. 3, Schs. 1, 3, 5
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: