Criminal Procedure (Scotland) Act 1995

5 (1) Where a supervised attendance order is in force in respect of any offender and, on the application of that offender or of the supervising officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, that court may—

(a) extend, in relation to the order, the period of twelve months specified in paragraph 3 above;

(b) subject to section 235 of this Act and paragraph 2(2) above, vary the numbers of hours specified in the order;

(c) revoke the order; or

(d) revoke the order and impose such period of imprisonment not exceeding—

(i) in the case of a sheriff court, [F1 30 days] ; and

(ii) in the case of a [F2 JP court] , [F3 20 days] ,

as the court considers appropriate.

(2) If the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the locality for the time being specified under paragraph 2(1)(a) above to another locality and—

(a) that court has been notified by the Secretary of State that arrangements exist for persons who reside in that other locality to carry out instructions under supervised attendance orders; and

(b) it appears to that court that provision can be made under those arrangements for him to carry out instructions under the order,

that court may, and on application of the supervising officer shall, amend the order by substituting that other locality for the locality for the time being specified in the order; and section 235 of this Act and this Schedule shall apply to the order as amended.

(3) Where the court proposes to exercise its powers under sub-paragraph (1)(a), (b) or (d) above otherwise than on the application of the offender, it shall issue a citation requiring him to appear before the court and, if he fails to appear, may issue a warrant for his arrest.

Textual Amendments

F1 Words in Sch. 7 para. 5(1)(d) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 50(4)(b)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F2 Words in Sch. 7 para. 5(1)(d)(ii) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 26(v)(i); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

F3 Words in Sch. 7 para. 5(1)(d) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 50(4)(b)(ii), 89; S.S.I. 2003/288, art. 2, Sch.