C2C5C6C4C3C7Part II Promotion of Social Welfare by Local Authorities
Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(7) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II: power to apply conferred (1.10.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(10) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(1)(x); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 4(3)(b) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 1(3) (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)
Pt. II excluded (6.4.2016) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 2(3) (with Sch. 1 paras. 8, 14); S.I. 2016/464, art. 2(c)
Supervision and care of persons put on probation or released from prisons etc.
27 Supervision and care of persons put on probation or released from prisons etc.
1
F32It 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
F1aa
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;
F2ab
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;
F13ac
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;
F21ad
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;
F23ae
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 F3and
F3iii
without prejudice to sub-paragraphs (i) and (ii) above, persons in the area who are subject to a F25community payback order imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 imposing an unpaid work or other activity requirement.
F5v
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;
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;
F6vi
persons in their area aged 16 and 17 years who are subject to a F31 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);
F7vii
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; F28 ...
F29viii
persons in their area who are subject to work orders under section 303ZA(6) of the said Act of 1995;
F8c
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.
F121A
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.
F221C
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
3
a
the manner in which any report requested by the court from the local authority is to be prepared and submitted to the court;
F10aa
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 F11a 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
5
F145A
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) F30or (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.
C17
Section 11 of and Schedule 3 to the M1 Criminal Justice (Scotland) Act 1949 (administrative provisions as to probation) shall cease to have effect.
Pt. II extended with modifications by Guardianship Act 1973 (c. 29), s. 11(5)