PART XI Sentencing
F1Community reparation orders
245KCommunity reparation orders
1
Where subsection (2) below applies, the court may, instead of imposing any sentence which, but for this subsection, it could impose, make a community reparation order in respect of a person (“the offender”).
2
This subsection applies where—
a
the offender is convicted in summary proceedings of an offence;
b
at the time when he committed the offence, he was at least 12 years old;
c
he committed the offence by engaging to any extent in antisocial behaviour; and
d
in relation to the local authority that would be specified in the order, the Scottish Ministers have notified the court that the authority has made arrangements that would enable an order to be complied with.
3
For the purposes of subsection (2)(c) above, a person engages in antisocial behaviour if he—
a
acts in a manner that causes or is likely to cause alarm or distress; or
b
pursues a course of conduct that causes or is likely to cause alarm or distress,
to at least one person who is not of the same household as him.
4
A community reparation order is an order—
a
requiring the specified local authority to appoint a supervising officer for the purposes of—
i
determining which prescribed activities the offender should undertake for the specified number of hours (being at least 10 and not exceeding 100) during the period of 12 months beginning with the day on which the order is made;
ii
determining at what times and in which localities he should undertake those activities; and
iii
giving the offender directions during that period to undertake activities in accordance with determinations under sub-paragraphs (i) and (ii) above; and
b
requiring the offender, during that period, to comply with those directions.
5
In subsection (4) above—
“prescribed activities” means activities designed—
- a
to enable reparation to be made (whether to a particular person or to a group of persons and whether such a person, or any person in the group, has been affected by the antisocial behaviour or otherwise) by persons who have engaged in antisocial behaviour; or
- b
to reduce the likelihood of persons engaging in such behaviour,
which are of such description as the Scottish Ministers may by regulations prescribe; and
- a
“specified” means specified in the order.
6
The Scottish Ministers may by regulations make provision about determinations made, and directions given, by virtue of paragraph (a) of subsection (4) above.
7
In giving directions by virtue of subsection (4)(a)(iii) above, a supervising officer shall, as far as practicable, avoid—
a
any conflict with the offender’s religious beliefs;
b
any interference with the times at which the offender normally works (or carries out voluntary work) or attends an educational establishment.
8
Before making a community reparation order in respect of an offender, the court shall explain to him in ordinary language—
a
the purpose and effect of the order;
b
the consequences of failure to comply with the order; and
c
the powers the court has under section 245P of this Act.
9
For the purposes of any appeal or review, a community reparation order is a sentence.
10
Regulations under subsections (5) and (6) above shall be made by statutory instrument; and any such instrument shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
Ss. 245K-245Q and preceding cross-heading inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 120, 145(2); S.S.I. 2004/420, art. 3, Sch. 1