SCHEDULE 1Court orders and electronic monitoring
PART 1Additional provisions
Certain restrictive measures
I12
1
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
2
In section 227A, after paragraph (i) of subsection (2) there is inserted—
j
a restricted movement requirement.
3
In section 227G—
a
in subsection (2), in paragraph (b)—
i
in sub-paragraph (iv), after the word “health” there is inserted “
treatment
”
,
ii
the word “or” immediately preceding sub-paragraph (vii) is repealed,
iii
after sub-paragraph (vii) there is inserted
, or
viii
a restricted movement requirement.
b
in subsection (4), for the words “subsection (5) and section 227ZE(4)” there is substituted “
subsections (4A) and (5)
”
,
c
after subsection (4) there is inserted—
4A
Where an offender supervision requirement is imposed because of the imposition of a restricted movement requirement—
a
the minimum period in subsection (3) does not apply,
b
the court must ensure that the specified period does not expire before the expiry of the period during which the restricted movement requirement has effect by virtue of section 227ZF(5)(b).
4
In section 227ZE—
a
before subsection (1) there is inserted—
A1
Despite the generality of sections 227Z(2) and 227ZC(7)(d) for variation of a community payback order—
a
a restricted movement requirement put or kept in the order must be accompanied in the order by an offender supervision requirement, and
b
the court must ensure that the offender supervision requirement does not cease to have effect before the restricted movement requirement ceases to have effect.
b
subsections (1) to (4) are repealed,
c
in subsection (5)—
i
for the words “varies the order” there is substituted “
makes or varies a community payback order
”
,
ii
for the words “the order making the variation” there is substituted “
the order imposing the requirement
”
.
5
In section 227ZF, in subsection (7)—
a
in the opening text, for the words from “in the case of” to “requirement of” there is substituted “
as follows in relation to
”
,
b
in paragraph (a), at the beginning there is inserted “in the case of any restricted movement requirement imposed by the order,”,
c
in paragraph (b), for the words “where the only requirement” there is substituted “
in the case of a restricted movement requirement imposed under section 227ZC(7)(d), where the only requirement (apart from the restricted movement requirement)
”
.