Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

Social Work (Scotland) Act 1968 (c. 49) S

6 (1) The Social Work (Scotland) Act 1968 shall be amended as follows.

(2) In subsection (1B) of section 5 (powers of Secretary of State), for paragraph (f) there shall be substituted the following paragraph—

“(f) section 51 of the Criminal Procedure (Scotland) Act 1995;”.

(3) In subsection (1) of section 6A (power to hold inquiries) for sub-paragraph (ii) of paragraph (d) there shall be substituted—

“(ii) section 44 or 208 of the Criminal Procedure (Scotland) Act 1995;”.

(4) In subsection (1) of section 27 (supervision and care of certain persons)—

(a) after paragraph (a) there shall be inserted the following paragraphs—

“(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;

(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;”;

(b) in paragraph (b)(iii) for the words “the Community Service by Offenders (Scotland) Act 1978” there shall be substituted the words “ section 238 of the Criminal Procedure (Scotland) Act 1995 ”;

(c) in paragraph (b)(iv) for the words “section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990” there shall be substituted the words “ section 235 of the said Act of 1995 ”; and

(d) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraphs—

“(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; and

(vi) persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person; and

(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; and”.