Criminal Procedure (Scotland) Act 1995

Changes over time for: Section 242

Version Superseded: 01/02/2011

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242 Community service orders: persons residing in England and Wales.S

(1)Where a court is considering the making of a community service order and it is satisfied that the offender has attained the age of 16 years and resides, or will be residing when the order comes into force, in England or Wales, then—

(a)section 238 of this Act shall have effect as if subsection (2) were amended as follows—

(i)paragraph (b) shall be omitted;

(ii)in paragraph (c) for the words “such an order” there shall be substituted the words “ [F1an unpaid work requirement imposed by a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) [F2, in any case where the offender has attained the age of 18 years, or an unpaid work requirement imposed by a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), in any other case] ”]; and

(iii)for paragraph (d) there shall be substituted the following paragraph—

“(d)it appears to that court that provision can be made for the offender to perform work under the order made under subsection (1) above under the arrangements which exist in the petty sessions area in which he resides or will be residing for persons to perform work under [F3unpaid work requirements imposed by community orders made under section 177 of the Criminal Justice Act 2003 [F4or, as the case may be, imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008]] ;”; and

(b)the order shall specify that the unpaid work required to be performed by the order shall be performed under the arrangements mentioned in section 238(2)(d) of this Act as substituted by paragraph (a) above.

(2)Where a community service order has been made and—

(a)the appropriate court is satisfied that the offender has attained the age of 16 years and proposes to reside or is residing in England or Wales; and

(b)it appears to that court [F5, in any case where the offender has attained the age of 18 years,] that provision can be made for the offender to perform work under the order made under the arrangements which exist in the petty sessions area in which he proposes to reside or is residing for persons to perform work under [F6unpaid work requirements imposed by community orders made under section 177 of the Criminal Justice Act 2003][F7or it appears to that court, in any other case, that provision can be made for the offender to perform work under the order under the arrangements which exist in that area for persons to perform work under unpaid work requirements imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008] ,

it may amend the order by specifying that the unpaid work required to be performed by the order shall be performed under the arrangements mentioned in paragraph (b) of this subsection.

(3)A community service order made under section 238(1) as amended by or in accordance with this section shall—

(a)specify the petty sessions area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

(b)require the [F8local probation board] for that area [F9or a provider of probation services operating in that area]to appoint or assign [F10 an officer of the board][F11or (as the case may be) require a provider of probation services to appoint an officer of the provider,][F12or provider (as the case may be)] who will discharge in respect of the order

[F13(a)]the functions [F14conferred on responsible officers by Part 12 of the Criminal Justice Act 2003 in respect of unpaid work requirements imposed by community orders (within the meaning of that Part)][F15; or

(b)the functions conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008 in respect of unpaid work requirements imposed by youth rehabilitation orders (within the meaning of that Part) as the case may be.]

Textual Amendments

F1Words in s. 242(1)(a)(ii) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 71(a)(i); S.I. 2005/950, art. 2(1), Sch. 1

F2Words in s. 242(1)(a)(ii) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 45(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)