Coronavirus (Scotland) Act 2020 (asp 7)

SCHEDULE 4 S Justice

PART 6 S Community orders

Community payback orders: extension of unpaid work or other activity requirements S

F1 12 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 12 expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(4)(b), 11(2)

Community payback orders: time limit for completion of unpaid work or other activity S

13 (1) Section 227L of the Criminal Procedure (Scotland) Act 1995 (time limit for completion of unpaid work or other activity) applies in accordance with the modifications in this paragraph. S

(2) Subsection (2)(a) has effect as if for “3 months” there were substituted “ 12 months ”.

(3) Subsection (2)(b) has effect as if for “6 months” there were substituted “ 12 months ”.

Community orders: postponement S

F2 14 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 4 para. 14 expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(4)(c), 11(2)

Community orders: variation S

15 (1) The Scottish Ministers may by regulations vary requirements imposed in community payback orders F3 .... S

(2) Regulations under sub-paragraph (1) may—

(a) make different provision for different descriptions of—

(i) order,

(ii) requirement imposed under an order,

(iii) offender in respect of whom the order is imposed,

(iv) offence the offender is convicted of,

(b) revoke orders,

(c) revoke requirements.

(3) Regulations under sub-paragraph (1) may not—

(a) modify the amount of compensation required to be paid under a compensation requirement,

(b) increase the total amount of hours specified in an unpaid work or other activity requirement,

(c) increase or extend the period for which a requirement is imposed,

(d) increase the period during which an offender must be at a specified place or not be at a specified place or class of place under a restricted movement requirement.

(4) Regulations under sub-paragraph (1) may be made only if the Scottish Ministers are satisfied that—

(a) the variations will not make the orders to which the regulations apply more onerous to comply with, and

(b) either—

(i) if the regulations were not made, it is likely that there will be a failure to comply with a requirement imposed by one or more of the orders to which the regulations apply as a result of coronavirus, or

(ii) the making of the regulations is necessary in response to the effect of coronavirus on local authorities or the Scottish Courts and Tribunals Service.

(5) Regulations under sub-paragraph (1) are subject to the affirmative procedure.

(6) The relevant local authority in relation to a community payback order F4 ... to which regulations made under sub-paragraph (1) apply must inform the offender of the effect of the regulations on the order.

Textual Amendments

F3 Words in sch. 4 para. 15(1) expire (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(4)(d)(i), 11(2)

F4 Words in sch. 4 para. 15(6) expire (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(4)(d)(ii), 11(2)

Community orders: interpretation S

16 S In [F5 paragraph] 15—

• “community payback order” means a community payback order imposed under section 227A(1) or (4) or 227M(2) of the Criminal Procedure (Scotland) Act 1995,

• “compensation requirement” has the meaning given in section 227H(1) of that Act,

• F6 ...

• “relevant local authority” means—

  (a)

  in relation to a community payback order, the local authority in whose area is situated the locality specified in the order by virtue of section 227C(2)(a) of that Act,

  (b)

  F7 ...

• “restricted movement requirement” has the meaning given in section 227ZF(1) of that Act,

• F8 ...

• “unpaid work or other activity requirement” has the meaning given in section 227I(1) of that Act.

Textual Amendments

F5 Word in sch. 4 para. 16 substituted (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(4)(a), 11(2)

F6 Words in sch. 4 para. 16 repealed (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(4)(b), 11(1)

F7 Words in sch. 4 para. 16 repealed (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(4)(c), 11(1)

F8 Words in sch. 4 para. 16 repealed (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 8(4)(d), 11(1)