Criminal Procedure (Scotland) Act 1995

[F1 7. (1) In this Part— S

• F2 ...

• F2 ...

• “the appropriate Scottish court” means, in relation to an order to which paragraph 6 applies—

  (a)

  the court in Scotland which imposed the order by virtue of paragraph 1, or

  (b)

  where the order has been varied by virtue of paragraph 2 or 6(6)(b), the court in Scotland which made the last such variation;

• “corresponding order” means—

  (a)

  in relation to an offender who is under the age of 18, a youth rehabilitation order within [F3 the meaning given by section 173 of the Sentencing Code],

  (b)

  in relation to any other offender, a community order within [F4 the meaning given by section 200 of that Code];

• “the home court” means the magistrates’ court acting for the local justice area in which the offender resides or will reside;

• “relevant area” means—

  (a)

  in relation to an offender who is under the age of 18, the area of the local authority F5 ... where the offender resides or will reside,

  (b)

  in relation to any other offender, the local justice area where the offender resides or will reside;

• “relevant service” means—

  (a)

  in relation to an offender who is under the age of 18, [F6 a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams)],

  (b)

  in relation to any other offender, a provider of a probation service within the meaning of Part 1 of the Offender Management Act 2007;

• “responsible officer”—

  (a)

  in relation to an offender who is under the age of 18, has the meaning given in [F7 section 191 of the Sentencing Code],

  (b)

  in relation to any other offender, has the meaning given in [F8 section 213 of that Code].

[F9 (1A) For the purposes of the definition of “relevant area” in sub-paragraph (1), “local authority” means—

(a) in relation to England—

(i) a county council,

(ii) a district council whose district does not form part of an area that has a county council,

(iii) a London borough council, or

(iv) the Common Council of the City of London in its capacity as a local authority, and

(b) in relation to Wales—

(i) a county council, or

(ii) a county borough council.]

(2) Subject to sub-paragraph (1), any word or expression used in this Part which is also used in any of sections 227A to 227ZK of this Act has the same meaning as it has for the purposes of those sections.]

Textual Amendments

F1 Sch. 13 inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 6 (with art. 4(4))

F2 Words in Sch. 13 para. 7(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F3 Words in Sch. 13 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in Sch. 13 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(3)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F5 Words in Sch. 13 para. 7(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(3)(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F6 Words in Sch. 13 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(3)(e) (with Sch. 27); S.I. 2020/1236, reg. 2

F7 Words in Sch. 13 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(3)(f) (with Sch. 27); S.I. 2020/1236, reg. 2

F8 Words in Sch. 13 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(3)(g) (with Sch. 27); S.I. 2020/1236, reg. 2

F9 Sch. 13 para. 7(1A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(4) (with Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 Sch. 13 para. 7(1) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2