Criminal Procedure (Scotland) Act 1995

Changes over time for: Section 234

Version Superseded: 01/02/2011

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Criminal Procedure (Scotland) Act 1995, Section 234 is up to date with all changes known to be in force on or before 29 December 2024. 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.

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234 Probation orders: persons residing in England and Wales.E+W+S

(1)Where the court which made a probation order to which this subsection applies is satisfied that the offender has attained the age of 16 years and resides or will reside in England and Wales, subsections (3) and (4) of section 228 of this Act shall not apply to the order, but—

(a)the order shall contain a requirement that he be under the supervision of [F1an officer of a local probation board][F2, or (as the case may be) an officer of a provider of probation services, acting in] the [F3local justice area] in which the offender resides or will reside; and

(b)that area shall be named in the order,

F4. . .

[F5(2)Subsection (1) above applies to any probation order made under section 228 unless the order includes requirements which are more onerous than those which a court in England and Wales could impose on an offender under section 177 of the Criminal Justice Act 2003 [F6(in any case where the offender has attained the age of 18 years) or under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case)].]

(3)Where a probation order has been made under the said section 228 and the court in Scotland which made the order or the appropriate court is satisfied—

(a)that the probationer has attained the age of 16 years;

(b)that he proposes to reside, or is residing, in England and Wales; and

(c)that suitable arrangements for his supervision can be made by the [F7local probation board] for the area which contains the [F3local justice area] in which he resides or will reside [F8or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside],

the power of that court to amend the order under Schedule 6 to this Act shall include power to insert the provisions required by subsection (1) above F9. . . , and the court may so amend the order without summoning the probationer and without his consent .

(4)A probation order made or amended by virtue of this section may, notwithstanding section 230(9) of this Act, include a requirement that the probationer shall submit to treatment for his mental condition, and—

(a)subsections (1), (3) and (8) of the said section 230 [F10, section 207(2) of the Criminal Justice Act 2003 and paragraph 20(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008](all of which regulate the making of probation orders [F11, community orders under Part 12 of the Criminal Justice Act 2003 or, as the case may be, youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008] which include any such requirement) shall apply to the making of an order which includes any such requirement by virtue of this subsection as they apply to the making of an order which includes any such requirement by virtue of the said section 230 and [F12, section 207 of the Criminal Justice Act 2003 and paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008] respectively; and

(b)[F13sections 207(4) and 208(1) and (2) of the Criminal Justice Act 2003][F14or (as the case may be) paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice and Immigration Act 2008](functions of supervising officer and registered medical practitioner where such a requirement has been imposed) shall apply in relation to a probationer who is undergoing treatment in England and Wales in pursuance of a requirement imposed by virtue of this subsection as they apply in relation to a probationer undergoing such treatment in pursuance of a requirement imposed by virtue of that section [F15or that paragraph].

[F16(4A)A probation order made or amended under this section must specify as the corresponding requirements for the purposes of this section requirements which could be included in a community order made under section 177 of the Criminal Justice Act 2003 [F17(in any case where the offender has attained the age of 18 years) or in a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case)].]

(5)Sections 231(1) and 232(1) of this Act shall not apply to any order made or amended under this section; but [F18 subject to subsections (6) and (6A) below—

(a)Schedule 8 to the Criminal Justice Act 2003 shall apply as if it were a community order made by a magistrates' court under section 177 of that Act and imposing the requirements specified under subsection (4A) above (in any case where the offender has attained the age of 18 years); and

(b)Schedule 2 to the Criminal Justice and Immigration Act 2008 shall apply as if it were a youth rehabilitation order made by a magistrates' court under section 1 of that Act and imposing the requirements specified under that subsection (in any other case).]

[F19(6)In its application to a probation order made or amended under this section, Schedule 8 to the Criminal Justice Act 2003 has effect subject to the following modifications—

(a)any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,

(b)in paragraph 9—

(i)paragraphs (b) and (c) of sub-paragraph (1) are omitted,

(ii)in sub-paragraph (6), the first reference to the Crown Court has effect as a reference to a court in Scotland, and

(iii)any other reference in sub-paragraphs (6) or (7) to the Crown Court has effect as a reference to the court in Scotland, and

(c)Parts 3 and 5 are omitted.]

[F20(6A)In its application to a probation order made or amended under this section, Schedule 2 to the Criminal Justice and Immigration Act 2008 has effect subject to the following modifications—

(a)any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,

(b)in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-paragraph (16), the reference to the Crown Court has effect as a reference to a court in Scotland, and

(c)Parts 3 and 5 are omitted.]

(7)If it appears on information to a justice [F21acting in the local justice area] named in a probation order made or amended under this section that the person to whom the order relates has been convicted by a court in any part of Great Britain of an offence committed during the period specified in the order he may issue—

(a)a summons requiring that person to appear, at the place and time specified in the summons, before the court in Scotland which made the probation order; or

(b)if the information is in writing and on oath, a warrant for his arrest, directing that person to be brought before the last-mentioned court.

(8)If a warrant for the arrest of a probationer issued under section 233 of this Act by a court is executed in England and Wales and the probationer cannot forthwith be brought before that court, the warrant shall have effect as if it directed him to be brought before [F22a magistrates' court] ; and the magistrates’ court shall commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the court in Scotland.

(9)The court by which a probation order is made or amended in accordance with the provisions of this section shall send three copies of the order to the [F23designated officer for the local justice area] named in the order, together with such documents and information relating to the case as it considers likely to be of assistance to the court [F24acting in that local justice area] .

(10)Where a probation order which is amended under subsection (3) above is an order to which the provisions of this Act apply by virtue of [F25paragraph 8 of Schedule 9 (which relates to community orders] under that Act relating to persons residing in Scotland) then, notwithstanding anything in [F26that Schedule] or this section, the order shall, as from the date of the amendment, have effect in all respects as if it were [F27a community order made under Part 12] of that Act in the case of a person residing in England and Wales.

(11)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1S. 234(4)to(11) extend to G.B.

Textual Amendments

F1Words in s. 234(1)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(ii)

F2Words in s. 234(1)(a) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 11(4)(a)

F3Words in s. 234(1)(a)(3)(c) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 52(a)

F4Words in s. 234(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, 336, Sch. 32 para. 70(2), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(29), 44(4)(n) (subject to art. 2(2), Sch. 2)