Criminal Procedure (Scotland) Act 1995

[X1 F2 234H [F1 Disposal on revocation of drugs treatment and testing order.] S

(1) Where the court revokes a drugs treatment and testing order under section 234E(3)(b), 234F(4) or 234G(2)(c) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made.

(2) In disposing of an offender under subsection (1) above, the court shall have regard to the time for which the order has been in operation.

(3) Where the court revokes a drug treatment and testing order as mentioned in subsection (1) above and the offender is subject to—

(a) a probation order, by virtue of section 234J of this Act; or

(b) a restriction of liberty order, by virtue of section 245D of this Act; or

(c) a restriction of liberty order and a probation order, by virtue of the said section 245D,

the court shall, before disposing of the offender under subsection (1) above—

(i) where he is subject to a probation order, discharge that order;

(ii) where he is subject to a restriction of liberty order, revoke that order; and

(iii) where he is subject to both such orders, discharge the probation order and revoke the restriction of liberty order.

(4) This section is subject to section 42(8) of the Criminal Justice (Scotland) Act 2003 (asp 7)(powers of drugs court).]

Editorial Information

X1 There are versions of this provision that are earlier than the first version listed in the table of attributes below. This is because, when the new "Antisocial behaviour orders" cross-heading was inserted on 28.10.2004, only the version of this provision that was current on that date became associated with that new heading. To view an earlier version, it is recommended that you perform a search for a specific date earlier than the start date of the first version listed in the table of attributes below.

Textual Amendments

F1 Ss. 234AA, 234AB and cross-heading inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 118, 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F2 S. 234H inserted (30.9.1998) by 1998 c. 37, s. 93; S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)