Criminal Procedure (Scotland) Act 1995

General S

5 (1) Where the court which made the order or the appropriate court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall cite him to appear before the court; and the court shall not amend the probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended.

(2) Sub-paragraph (1) above shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new area of a local authority for the area named in the probation order.

[F1 (3) The unified citation provisions apply in relation to a citation under sub-paragraph (1) above as they apply in relation to a citation under section 216(3)(a) of this Act.]

Textual Amendments

F1 Sch. 6 para. 5(3) added (27.10.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 60(3), 89; S.S.I. 2003/288, art. 2, Sch.

6 On the making of an order discharging or amending a probation order, the clerk of the court shall forthwith give copies of the discharging or amending order to the officer supervising the probationer; and the supervising officer shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside.