Criminal Procedure (Scotland) Act 1995

Amendment of order by reason of change of residence S

7 (1) This paragraph applies where, at any time while a supervision and treatment order is in force in respect of any person, the relevant sheriff court is satisfied that— S

(a) the supervised person proposes to change, or has changed, his residence from the area specified in the order to the area of another local authority;

(b) a social worker who is an officer of the other local authority (“the new supervising officer”) is willing to undertake the supervision; and

(c) the requirements of the order as respects treatment will continue to be complied with.

(2) Subject to sub-paragraph (3) below the court may, and on the application of the supervising officer shall, amend the supervision and treatment order by substituting the other area for the area specified in the order and the new supervising officer for the supervising officer specified in the order.

(3) Where a supervision and treatment order contains requirements which, in the opinion of the court, can be complied with only if the supervised person continues to reside in the area specified in the order, the court shall not amend the order under this paragraph unless it also, in accordance with paragraph 8 below, either—

(a) cancels those requirements; or

(b) substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.