Criminal Procedure (Scotland) Act 1995

228 Probation orders. S

(1) Subject to subsection (2) below [F1 and without prejudice to [F2 sections 234J and 245D] of this Act], where an accused is convicted of an offence (other than an offence the sentence for which is fixed by law) the court if it is of the opinion that it is expedient to do so—

(a) having regard to the circumstances, including the nature of the offence and the character of the offender; and

(b) having obtained a report as to the circumstances and character of the offender,

may, instead of sentencing him, make an order requiring the offender to be under supervision for a period to be specified in the order of not less than six months nor more than three years; and such an order is, in this Act, referred to as a “probation order”.

(2) A court shall not make a probation order under subsection (1) above unless it is satisfied that suitable arrangements for the supervision of the offender can be made—

(a) in a case other than that mentioned in paragraph (b) below, by the local authority in whose area he resides or is to reside; or

(b) in a case where, by virtue of section 234(1) of this Act, subsections (3) and (4) below would not apply, by the [F3 local probation board] for the area which contains the petty sessions area which would be named in the order.

(3) A probation order shall be as nearly as may be in the form prescribed by Act of Adjournal, and shall—

(a) name the local authority area in which the offender resides or is to reside; and

(b) subject to subsection (4) below, make provision for the offender to be under the supervision of an officer of the local authority of that area.

(4) Where the offender resides or is to reside in a local authority area in which the court which makes the order has no jurisdiction, the court shall name the appropriate court (being such a court as could have been named in any amendment of the order in accordance with Schedule 6 to this Act) in the area of residence or intended residence, and the appropriate court shall require the local authority for that area to arrange for the offender to be under the supervision of an officer of that authority.

(5) Before making a probation order, the court shall explain to the offender in ordinary language—

(a) the effect of the order, including any additional requirements proposed to be inserted under section 229 or 230 of this Act; and

(b) that if he fails to comply with the order or commits another offence during the probation period he will be liable to be sentenced for the original offence, [F4 or may be dealt with under the powers provided for in section 42(4) of the Criminal Justice (Scotland) Act 2003 (asp 7)(powers of drugs court)]

and the court shall not make the order unless the offender expresses his willingness to comply with the requirements thereof.

(6) The clerk of the court by which a probation order is made or of the appropriate court, as the case may be, shall—

(a) cause copies of the probation order to be given to the officer of the local authority who is to supervise the probationer and to the person in charge of any institution or place in which the probationer is required to reside under the probation order; and

(b) cause a copy thereof to be given to the probationer or sent to him by registered post or by the recorded delivery service; and an acknowledgement or certificate of delivery of a letter containing such copy order issued by the [F5 postal operators] shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

Textual Amendments

F1 Words in s. 228(1) inserted (1.7.1998) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(27); S.I. 1997/2323, art. 5(2)

F2 Words in s. 228(1) substituted (30.9.1998) by 1998 c. 37, s. 94(2), Sch. 6 Pt. I para. 1; S.I. 1998/2327, art. 2(1)(s)

F3 Words in s. 228(2)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 122; S.I. 2001/919, art. 2(f)(ii)

F4 Words in s. 228(5)(b) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 42(11)(a), 89; S.S.I. 2003/288, art. 2, Sch.

F5 Words in s. 228(6)(b) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 104(4) (subject to art. 1(3))

Modifications etc. (not altering text)

C1 S. 228(5) modified (prosp.) by 2000 c. 19, ss. 64(9), 86(1)(2) (with s. 83(6))