Criminal Procedure (Scotland) Act 1995

[F1 3. (1) This paragraph applies where the court is considering— S

(a) imposing a community payback order by virtue of paragraph 1, or

(b) varying a community payback order by virtue of paragraph 2.

(2) Before imposing or, as the case may be, varying the order, the court must explain to the offender in ordinary language—

(a) the requirements of the legislation relating to the corresponding order,

(b) the powers of the home court under that legislation and this Schedule, and

(c) the court’s powers under this Act.

(3) The court must not impose or, as the case may be, vary the order unless the offender has, after the court has explained those matters, confirmed that the offender—

(a) understands those matters, and

(b) is willing to comply with the requirements referred to in sub-paragraph (2)(a).

(4) Sub-paragraphs (2) and (3) do not affect sections 227B(8) and (9) and 227ZA(6) and (7) of this Act.

(5) Sections 227B(4), 227ZA(2), 227ZG(2) and 227ZH(2) of this Act have effect as if the references in them to a report by an officer of a local authority or a report by the responsible officer included references to a report by an officer of a relevant service.

(6) Sections 227R and 227S of this Act have effect as if the references in them to an approved medical practitioner (within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003) included references to a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983.]

Textual Amendments

F1 Sch. 13 inserted (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. 6 (with art. 4(4))