Criminal Justice (Scotland) Act 1987

65 Compensation requirement in probation order. S

(1) In each of sections 183 and 384 of the 1975 Act (probation orders) after subsection (5A) there shall (subject to subsection (2) below) be inserted the following subsections—

“(5B) Without prejudice to the generality of subsection (4) above, where a court is considering making a probation order it may include in the probation order, in addition to any other requirement, a requirement that the offender shall pay compensation either in a lump sum or by instalments for any personal injury, loss or damage caused (whether directly or indirectly) by the acts which constituted the offence; and the following provisions of the Criminal Justice (Scotland) Act 1980 shall apply to such a requirement as if any reference in them to a compensation order included a reference to a requirement to pay compensation under this subsection—

• section 58(2) and (3);

• section 59 (except the proviso to subsection (1));

• section 60;

• section 62;

• section 64 (except paragraph (a));

• section 67.

(5C) Where the court imposes a requirement to pay compensation under subsection (5B) above—

(a) it shall be a condition of a probation order containing such a requirement that payment of the compensation shall be completed not more that eighteen months after the making of the order or not later than two months before the end of the period of probation whichever first occurs;

(b) the court, on the application of the offender or the officer of the local authority responsible for supervising the offender, may vary the terms of the requirement, including the amount of any instalments, in consequence of any change which may have occurred in the circumstances of the offender; and

(c) in any proceedings for breach of a probation order where the breach consists only in the failure to comply with a requirement to pay compensation, a document purporting to be a certificate signed by the clerk of the court for the time being having jurisdiction in relation to the order that the compensation or, where payment by instalments has been allowed, any instalment has not been paid shall be sufficient evidence of such breach.”

(2) In inserting the new subsection (5B)—

(a) into the said section 183, after the words “subsection (1)” in the reference in that new subsection to section 59 of the M1 Criminal Justice (Scotland) Act 1980 there shall be added the words “and subsection (2)”;

(b) into the said section 384, after the words “subsection (1)” in that reference there shall be added the words “and subsection (3)”.

(3) In subsection (4) of each of the said sections 183 and 384 after the words “subsection (5A)” there shall be inserted the words “or (5B)”.

(4) In subsection (6) of each of the said sections 183 and 384 for the words “or (5A)” there shall be substituted the words “(5A), (5B) or (5C)”.

(5) In each of sections 186(2)(a) and 387(2)(a) of the M2 1975 Act (failure to comply with requirements of a probation order) at the beginning of the paragraph there shall be inserted the words “except in the case of a failure to comply with a requirement to pay compensation and”.

Marginal Citations

M1 1980 c. 62.

M2 1975 c. 21.