- Y Diweddaraf sydd Ar Gael (Diwygiedig)
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Version Superseded: 01/04/2016
Point in time view as at 01/02/2015.
Criminal Justice Act 2003, Paragraph 1 is up to date with all changes known to be in force on or before 09 September 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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1(1)Where the court considering the making of a community order is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may not make a community order in respect of the offender unless it appears to the court—U.K.
(a)in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and
(b)in any case, that suitable arrangements for his supervision can be made by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) in whose area he resides, or will be residing when the order comes into force.
(2)The requirements referred to in sub-paragraph (1)(a) are—
(a)an unpaid work requirement,
[F1(b)a rehabilitation activity requirement,]
(c)a programme requirement,
(d)a mental health treatment requirement,
(e)a drug rehabilitation requirement,
(f)an alcohol treatment requirement, and
(g)an electronic monitoring requirement.
(3)Where—
(a)the appropriate court for the purposes of paragraph 16 of Schedule 8 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a community order is in force proposes to reside or is residing in Scotland, and
(b)it appears to the court that the conditions in sub-paragraph (1)(a) and (b) are satisfied,
the power of the court to amend the order under Part 4 of Schedule 8 includes power to amend it by requiring it to be complied with in Scotland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).
(4)For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.
(5)The court may not by virtue of sub-paragraph (1) or (3) require [F2an alcohol abstinence and monitoring requirement or] an attendance centre requirement to be complied with in Scotland.
(6)A community order made or amended in accordance with this paragraph must—
(a)specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force;
(b)specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Scotland;
(c)specify as the appropriate court for the purposes of [F3sections 227A to 227ZK] of the Criminal Procedure (Scotland) Act 1995 (c. 46) a court of summary jurisdiction (which, in the case of an offender convicted on indictment, must be the sheriff court) having jurisdiction in the locality specified under paragraph (a);
and section 216 ([F4local justice area] to be specified) does not apply in relation to an order so made or amended.
Textual Amendments
F1Sch. 9 para. 1(2)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 7(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F2Words in Sch. 9 para. 1(5) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(9)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2)
F3Words in Sch. 9 para. 1(6)(c) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 14(2) (with art. 4(4))
F4Words in Sch. 9 para. 1(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 107
Commencement Information
I1Sch. 9 wholly in force at 4.4.2009; Sch. 9 not in force at Royal Assent, see s. 336(3); Sch. 9 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 33 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)
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