Version Superseded: 01/02/2011
Point in time view as at 13/12/2010. This version of this provision has been superseded.
Criminal Procedure (Scotland) Act 1995, Paragraph 4 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
4(1)If at any time while a supervised attendance order is in force in respect of any offender it appears to the appropriate court, on information from the supervising officer, that that offender has failed to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order), the court may issue a warrant for the arrest of that offender, or may, if it thinks fit, instead of issuing a warrant in the first instance issue a citation requiring the offender to appear before that court at such time as may be specified in the citation.
(2)If it is proved to the satisfaction of the court before which an offender is brought or appears in pursuance of sub-paragraph (1) above that he has failed without reasonable excuse to comply with any of the requirements of paragraph 3 above or of the order (including any failure satisfactorily to carry out any instructions which he has been given by the supervising officer under the order) the court may—
(a)revoke the order and impose such period of imprisonment not exceeding—
(i)in the case of a sheriff court, [F130 days] ; and
(ii)in the case of a [F2JP court] , [F320 days] ,
as the court considers appropriate; or
(b)subject to section 235 of this Act and paragraph 2(2) above, vary the number of hours specified in the order.
(3)The evidence of one witness shall, for the purposes of sub-paragraph (2) above, be sufficient evidence.
Textual Amendments
F1Words in Sch. 7 para. 4(2)(a)(i) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 50(4)(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.
F2Words in Sch. 7 para. 4(2)(a)(ii) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 26(v)(i); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2
F3Words in Sch. 7 para. 4(2)(a)(ii) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 50(4)(a)(ii), 89; S.S.I. 2003/288, art. 2, Sch.
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