Explanatory Notes

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

2007 asp 6

22 February 2007

Introduction

Part 3 – Penalties

Breach of post-conviction orders

Section 57: Probation and community service orders

346.The purpose of this section is to provide that those who are in alleged breach of a probation or community service order will be provided with a copy of the report to the court detailing the grounds of the alleged breach. Service of the copy report is to be in accordance with provisions in the Act of Adjournal, and provision is made for postal service.

347.Subsection (1) makes the change for probation orders; and subsection (2) extends it to community service orders. Sections 232 and 239 of the 1995 Act are amended accordingly.

Section 58: Restriction of liberty orders

348.The purpose of this section is to permit breach of a restriction of liberty order to be proved by the evidence of one witness. This provision brings proof of breach of such orders into line with proof of the breach of probation, community service, drug treatment and testing, and supervised attendance orders. Section 245F of the 1995 Act is amended accordingly.