Criminal Procedure (Scotland) Act 1995

1 (1) A court shall not make a supervised attendance order in respect of any offender unless—

(a) the court has been notified by the Secretary of State that arrangements exist for persons of a class which includes the offender who reside in the locality in which the offender resides, or will be residing when the order comes into force, to carry out the requirements of such an order.

(b) the court is satisfied that provision can be made under the arrangements mentioned in sub-sub-paragraph (a) above for the offender to carry out such requirements.

(2) Before making a supervised attendance order, the court shall explain to the offender in ordinary language—

(a) the purpose and effect of the order and in particular the obligations on the offender as specified in paragraph 3 below;

(b) the consequences which may follow under paragraph 4 below if he fails to comply with any of those requirements; and

(c) that the court has, under paragraph 5 below, the power to review the order on the application either of the offender or of an officer of the local authority in whose area the offender for the time being resides.

(3) The Secretary of State may by order direct that subsection (2) of section 235 of this Act shall be amended by substituting, for any number of hours specified in that subsection such other number of hours as may be specified in the order; and an order under this subsection may in making such amendment specify different such numbers of hours for different classes of case.

(4) An order under sub-paragraph (3) above shall be made by statutory instrument, but no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.