Criminal Procedure (Scotland) Act 1995

[F1 227G Offender supervision requirement S

(1) In this Act, an “offender supervision requirement” is, in relation to an offender, a requirement that, during the specified period, the offender must attend appointments with the responsible officer or another person determined by the responsible officer, at such time and place as may be determined by the responsible officer, for the purpose of promoting the offender's rehabilitation.

(2) On imposing a community payback order, the court must impose an offender supervision requirement if—

(a) the offender is under 18 years of age at the time the order is imposed, or

(b) the court, in the order, imposes—

(i) a compensation requirement,

(ii) a programme requirement,

(iii) a residence requirement,

(iv) a mental health [F2 treatment] requirement,

(v) a drug treatment requirement,

(vi) an alcohol treatment requirement, F3 ...

(vii) a conduct requirement[F4 , or

(viii) a restricted movement requirement.]

(3) The specified period must be at least 6 months and not more than 3 years.

(4) Subsection (3) is subject to [F5 subsections (4A) and (5)].

[F6 (4A) Where an offender supervision requirement is imposed because of the imposition of a restricted movement requirement—

(a) the minimum period in subsection (3) does not apply,

(b) the court must ensure that the specified period does not expire before the expiry of the period during which the restricted movement requirement has effect by virtue of section 227ZF(5)(b).]

(5) In the case of an offender supervision requirement imposed on a person aged 16 or 17 along with only a level 1 unpaid work or other activity requirement, the specified period must be no more than whichever is the greater of—

(a) the specified period under section 227L in relation to the level 1 unpaid work or other activity requirement, and

(b) 3 months.

(6) In this section, “ specified ”, in relation to an offender supervision requirement, means specified in the requirement. ]

Textual Amendments

F1 Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

F2 Word in s. 227G(2)(b)(iv) inserted (17.5.2022) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 2(3)(a)(i); S.S.I. 2022/94, reg. 2(2)(l) (with regs. 1(2), 3(2))

F3 Word in s. 227G(2)(b)(vii) repealed (17.5.2022) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 2(3)(a)(ii); S.S.I. 2022/94, reg. 2(2)(l) (with regs. 1(2), 3(2))

F4 S. 227G(2)(b)(viii) and word inserted (17.5.2022) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 2(3)(a)(iii); S.S.I. 2022/94, reg. 2(2)(l) (with regs. 1(2), 3(2))

F5 Words in s. 227G(4) substituted (17.5.2022) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 2(3)(b); S.S.I. 2022/94, reg. 2(2)(l) (with regs. 1(2), 3(2))

F6 S. 227G(4A) inserted (17.5.2022) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 2(3)(c); S.S.I. 2022/94, reg. 2(2)(l) (with regs. 1(2), 3(2))