Social Work (Scotland) Act 1968

Supervision and care of persons put on probation or released from prisons etc. S

27 Supervision and care of persons put on probation or released from prisons etc. S

(1) [F1 It] shall be a function of every local authority under this Part of this Act to provide a service for the following purposes, that is to say—

(a) making available to any court such social background reports and other reports relating to persons appearing berfore the court which the court may require for the disposal of a case

[F2 (aa) making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;]

[F3 (ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;]

[F4 (ac) the provision of advice, guidance and assistance for persons who are in prison or subject to any other form of detention and who—

(i) resided in their area immediately prior to such imprisonment or detention; or

(ii) intend to reside in their area on release from such imprisonment or detention,

and who on release from such imprisonment or detention, it appears to the local authority, will be required to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;]

[F5 (ad) making available, for the purposes of parenting orders under section 13 or 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), such services as are required to enable requirements imposed by or under such orders to be carried out in respect of persons in their area;]

[F6 (ae) making available to the Scottish Ministers such background and other reports as the Scottish Ministers may request in relation to the exercise of their functions under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9);]

(b) the supervision of, and the provision of advice, guidance and assistance for—

(i) persons in their area who are under supervision by order of a court made in exercise of its criminal jurisdiction by virtue of any enactment, and

(ii) persons in their area who, following on release from prison or any other form of detention, are required to be under supervision under any enactment or by the terms of an order or licence of the Secretary of State or of a condition or requirement imposed in pursuance of any enactment [F7 and]

[F7 (iii) without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a [F8 community payback order imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement]].

F9 [F10 (iv)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;]

F12 [F13 (va) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vb) without prejudice to sub-paragraph (i) above, persons in their area who are under 16 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;]

F14 (vi) persons in their area aged 16 and 17 years who are subject to a [F15 compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children’s Hearings (Scotland) Act 2011 (asp 1);]

F16 (vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; F17 ...

[F18 (viii) persons in their area who are subject to work orders under section 303ZA(6) of the said Act of 1995;]

[F19 (c) the provision of advice, guidance and assistance for persons in their area who, within 12 months of their release from prison or any other form of detention, request such advice, guidance or assistance.]

[F20 (1A) A local authority may provide advice, guidance or assistance for any person who—

(a) would fall to be provided for under paragraph (ac) of subsection (1) above but for the fact that it appears to the local authority that he will not be required to be under any form of supervision on release as mentioned in that paragraph; and

(b) requests such advice, guidance or assistance.

(1B) Where as respects any person more than one local authority is required by paragraph (ac) of subsection (1) to make such provision as is mentioned in that paragraph, they may agree between themselves that only one of them shall do so; and where there is such agreement the paragraph shall apply accordingly.]

[F21 (1C) In paragraphs (ac) and (b)(i) and (ii) of subsection (1) above, “enactment” includes an Act of the Scottish Parliament.

(1D) The Scottish Ministers may by order amend subsection (1) above so as (any or all)—

(a) to add to the functions for the time being described;

(b) to omit any of those functions;

(c) to alter any of those functions.]

(2) For the purposes of [F22 subsection (1) above] every local authority shall, F23 ..., prepare a scheme (hereinafter referred to as a [F24 community justice] [F25 scheme]) and submit it by such date, as he may require, to the Secretary of State for his approval.

(3) A [F26 community justice] [F25 scheme] shall make provision with regard to the following matters—

(a) the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;

[F27 (aa) the matters to be included in such a report;]

(b) arrangements for the attendance of officers of the local authority at the court;

(c) arrangements for the co-operation of the local authorities with the courts, and such arrangements may include the appointment of one or more sheriffs having jurisdiction in their areas to [F28 a committee or sub-committee of such authorities];

(d) arrangements for the keeping of adequate records and statistics regarding the performance of functions under this section; and

(e) such other matters as the local authority considers relevant to the service to be provided.

(4) The Secretary of State may approve a [F29 community justice] [F25 scheme] with or without modifications.

(5) A local authority may apply to the Secretary of State for the revision of a [F30 community justice] [F25 scheme] and, if the Secretary of State so requires, shall prepare and submit to the Secretary of State for his approval a revised scheme or a modification of an existing scheme.

[F31 (5A) Before including in a community justice scheme which is made, revised or modified under this section provision for the purposes of subsection (1)(b)(va) [F32 or (viii)], a local authority shall consult such persons or class or classes of person as the Scottish Ministers may by regulations prescribe.

(5B) The Scottish Ministers may give local authorities directions in writing as to the content of community justice schemes; and authorities shall comply with any such directions.

(5C) The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.]

(6) Any function required by any enactment to be performed by a probation officer shall, after the coming into operation of this Part of this Act, be performed by an officer of the appropriate local authority.

(7) Section 11 of and Schedule 3 to the M1 Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.

Textual Amendments

F1 Word in s. 27(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(2); S.S.I. 2017/33, reg. 2(1)(2), sch.

F2 S. 27(1)(aa) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(a); S.I. 1997/1712, art. 3, Sch.

F3 S. 27(1)(ab) inserted after paragraph (a) (1.8.1997) by 1997 c. 48, s. 32(b); S.I. 1997/1712, art. 3, Sch.

F4 S. 27(1)(ac) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(2), 89(2); S.S.I. 2003/288, art. 2, sch.

F5 S. 27(1)(ad) inserted (4.4.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(a)(i); S.S.I. 2004/420, art. 3, sch. 5

F6 S. 27(1)(ae) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(a)(ii), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1

F7 Word and s. 27(1)(b)(iii) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), Sch. 2 para. 1(a)

F8 Words in s. 27(1)(b)(iii) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1), sch. 2 para. 31(2)(a); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

F9 S. 27(1)(b)(iv) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(2)(b); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

F10 S. 27(1)(b)(iv) and the word “; and” immediately preceding it inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(a); S.I. 1991/850, art. 3, Sch.

F11 S. 27(1)(b)(v) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(c); S.I. 1997/1712, art. 3, Sch.

F12 S. 27(1)(b) (va) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 31(2)(b); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

F13 S. 27(1)(b)(va)(vb) inserted (28.10.2004 for specified purposes, 4.4.2005 in so far as not already in force) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(a)(ii); S.S.I. 2004/420, art. 3, sch. 1, sch. 5

F14 S. 27(1)(b)(vi) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(d); S.I. 1997/1712, art. 3, Sch.

F15 Words in s. 27(1)(b)(vi) substituted (24.6.2013) by The Children's Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 1(8)

F16 S. 27(1)(b)(vii) inserted after sub-paragraph (iv) of paragraph (b) (1.8.1997) by 1997 c. 48, s. 32(e); S.I. 1997/1712, art. 3, Sch.

F17 Word in s. 27(1)(b) repealed (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(a)(i); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2

F18 S. 27(1)(b)(viii) inserted (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(a)(ii); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2

F19 S. 27(1)(c) and the word “; and” immediately preceding it added (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(a); S.I. 1991/850, art. 3, Schedule

F20 S. 27(1A) (1B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(3), 89(2); S.S.I. 2003/288, art. 2, sch.

F21 S. 27(1C)(1D) inserted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(b), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1

F22 Words in s. 27(2) substituted (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(1)(c), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1

F23 Words in s. 27(2) repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 5; S.S.I. 2004/420, art. 3, sch. 1

F24 Words in s. 27(2) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1

F25 Words in s. 27(4) substituted (1.4.1991) by virtue of Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 62(5), Sch. 6 para. 8(b); S.I. 1991/850, art. 3, Schedule

F26 Words in s. 27(3) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1

F27 S. 27(3)(aa) inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(4)(b); S.I. 1991/850, art. 3, Schedule

F28 Words in s. 27(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 76(9); S.I. 1996/323, art. 4(1)(b)(c)

F29 Words in s. 27(4) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1

F30 Words in s. 27(5) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(b); S.S.I. 2004/420, art. 3, sch. 1

F31 S. 27(5A)-(5C) inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), sch. 4 para. 1(c); S.S.I. 2004/420, art. 3, sch. 1

F32 Words in s. 27(5A) inserted (2.6.2008 for specified purposes, 1.4.2011 for specified purposes) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), s. 84(1), sch. para. 3(c); S.S.I. 2008/192, art. 3, sch.; S.S.I. 2011/188, art. 2

Modifications etc. (not altering text)

C1 The text of ss. 2(4), 3(9), 14(4), 27(7), 95(2), Sch. 2 Pt. II paras. 7, 18, Sch. 8 paras. 6, 7(1)(3), 8–16, 32–34, 37–43, 60, 68, 73, Sch. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1949 c. 94.

[F33 27ZA Advice, guidance and assistance to persons arrested or on whom sentence deferred S

(1) It shall be a function of a local authority, if and to such extent as the Scottish Ministers so direct and in accordance with the direction, to provide, directly or indirectly, advice, guidance and assistance to any person (and in particular to any person who appears to the local authority to have dependency problems)—

(a) who is arrested and detained in police custody in their area, but only during the period of such detention; or

(b) on whom sentence is deferred under section 202(1) of the 1995 Act, but only during the period of deferment and while that person is in their area.

(2) The function mentioned in subsection (1)(a) above may continue to be exercised by the local authority while the person is in their area for a period not exceeding 12 months from the date of his release from police custody.

(3) In subsection (1) above, “ dependency problems ” means problems relating to a dependency on drugs, alcohol or some other substance. ]

Textual Amendments

F33 S. 27ZA inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 71(4), 89(2); S.S.I. 2003/288, art. 2, sch.

[F34 27A Grants in respect of community service facilities S

[F35 (1) [F36 The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of expenditure incurred by that local authority in providing a relevant service.]

(1A) In subsection (1) above, a “relevant service” means a service—

(a) for the purposes mentioned in section 27(1) [F37 or 27ZA] of this Act;

F38 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) for such other similar purposes as the Scottish Ministers may prescribe.

(1B) Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.]

[F39 (1A) In a case where two or more local authorities are discharging any function mentioned in section 27(1) or 27ZA of this Act jointly, whether or not in accordance with arrangements made under section 56(5) of the Local Government (Scotland) Act 1973 (c. 65), the power of the Scottish Ministers to make grants under subsection (1) above in respect of expenditure incurred for the purposes mentioned in paragraph (a) of that subsection includes a power to make such grants, on such conditions as are mentioned in that subsection, to a local authority nominated by the local authorities from among their number.]

[F40 (2) Before exercising his power under subsection [F41 (1A)(c)] above the Secretary of State shall consult local authorities and such other bodies as he considers appropriate.]]

Textual Amendments

F34 S. 27A inserted by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 9

F35 S. 27A(1)-(1B) substituted for s. 27A(1) (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(2)(a), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2

F36 S. 27A(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(a); S.S.I. 2017/33, reg. 2(1)(2), sch.

F37 Words in s. 27A(1A)(a) inserted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(b)(i); S.S.I. 2017/33, reg. 2(1)(2), sch.

F38 S. 27A(1A)(b) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(b)(ii); S.S.I. 2017/33, reg. 2(1)(2), sch.

F39 S. 27A(1A) beginning with the words "In a case where two or more local authorities" inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 72, 89(2); S.S.I. 2003/288, art. 2, sch.

F40 S. 27A(2) substituted (1.4.1991) for words by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(5)(b); S.I. 1991/850, art. 3, Schedule

F41 Word in s. 27A(2) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(3)(c); S.S.I. 2017/33, reg. 2(1)(2), sch.

[F42 27B Grants in respect of hostel accommodation for persons under supervision. S

[F43 [F44 (1) The Scottish Ministers may make a grant to a local authority of such amount as the Scottish Ministers may determine in respect of relevant expenditure.]

(1A) In subsection (1) above, “relevant expenditure” means expenditure incurred by, F45 ... that local authority in—

(a) providing; or

(b) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in subsection (2) below.

(1B) Any grant made under, or paid by virtue of, subsection (1) above is subject to such conditions as the Scottish Ministers may determine.]

[F46 (2) The persons referred to in [F47 subsection (1A)] above are–

(a) persons mentioned in section 27(1)(b)(i) and (ii) of this Act;

(b) persons who have been charged with an offence and are on bail;

(c) persons who have been released from prison or any other form of detention but do not fall within section 27(1)(b)(ii) of this Act; and

(d) such other classes of persons as the Secretary of State may prescribe.

(3) Before exercising his power under subsection (2)(d) above the Secretary of State shall consult local authorities and such other persons as he considers appropriate.]]

Textual Amendments

F42 S. 27B inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 79

F43 S. 27B(1)-(1B) substituted for s. 27B(1) (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(3)(a), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2

F44 S. 27B(1) substituted (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(4)(a); S.S.I. 2017/33, reg. 2(1)(2), sch.

F45 Words in s. 27B(1A) repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 1(4)(b); S.S.I. 2017/33, reg. 2(1)(2), sch.

F46 S. 27B(2)(3) substituted for words (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(6)(b); S.I. 1991/850, art. 3, Schedule

F47 Words in s. 27B(2) substituted (3.4.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 21(3)(b), 24(2); S.S.I. 2006/48, art. 3(2), sch. pt. 2