Criminal Procedure (Scotland) Act 1995

Valid from 28/10/2004

[F1 245P Extension, variation and revocation of order S

(1) Subsection (2) below applies where a community reparation order is made in respect of an offender.

(2) On the application of the offender or the offender’s supervising officer, the appropriate court may, if it appears to it that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made—

(a) extend, in relation to the order, the period of 12 months specified in section 245K(4)(a)(i) of this Act;

(b) vary the numbers of hours specified in the order;

(c) revoke the order; or

(d) 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.

(3) If the court proposes to exercise its powers under subsection (2)(a), (b) or (d) above otherwise than on the application of the offender, it shall issue a citation requiring the offender to appear before the court at such time as may be specified in the citation and, if he fails to appear, may issue a warrant for his arrest.

(4) 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.]

Textual Amendments

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