PART XI Sentencing

F1Community reparation orders

Annotations:
Amendments (Textual)
F1

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

245NFailure to comply with community reparation order: powers of court

1

Subsection (2) below applies where—

a

a community reparation order is made in respect of an offender; and

b

on information from the offender’s supervising officer, it appears to the appropriate court that the offender has failed to comply with the order or any direction given under it.

2

The court may issue—

a

a warrant for the arrest of the offender; or

b

a citation requiring the offender to appear before the court at such time as may be specified in the citation.

3

The unified citation provisions shall apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act.

4

If it is proved to the satisfaction of the court before which the offender is brought or appears in pursuance of subsection (2) above that the offender has failed without reasonable excuse to comply with the order or any direction given under it, the court may revoke the order and deal with the offender in any manner in which he could have been dealt with for the original offence if the order had not been made.

5

The evidence of one witness shall, for the purposes of subsection (4) above, be sufficient evidence.