Criminal Justice and Courts Services Act 2000

Criminal Procedure (Scotland) Act 1995 (c. 46)

120 The Criminal Procedure (Scotland) Act 1995 is amended as follows.

121 In section 209(7) (supervised release orders), for “probation officer” there is substituted “officer of a local probation board”.

122 In section 228(2)(b) (probation orders), for “probation committee” there is substituted “local probation board”.

123 In section 234 (probation orders: persons residing in England and Wales)—

(a) in subsection (2), for “probation order made” there is substituted “community rehabilitation order made”,

(b) in subsection (3)(c), for “probation committee” there is substituted “local probation board”,

(c) in subsection (4)(a), after “probation orders” there is inserted “or, as the case may be, community rehabilitation orders”,

(d) in subsection (5)(a), for “probation order” there is substituted “community rehabilitation order”,

(e) in subsection (5)(b), for “combination order” there is substituted “community punishment and rehabilitation order”,

(f) in subsection (10), for “probation orders” there is substituted “community rehabilitation orders”.

124 In section 242 (community service orders: persons residing in England and Wales)—

(a) in subsection (1)(a)(ii), for “community service order” there is substituted “community punishment order”,

(b) in subsections (1)(a)(iii), (2)(b) and (3)(b), for “community service orders” there is substituted “community punishment orders”,

(c) in subsection (3)(b)—

(i) for “probation committee” there is substituted “local probation board”,

(ii) for “a probation officer” there is substituted “an officer of the board”.

125 In section 244 (community service orders: general provisions relating to persons living in England and Wales or Northern Ireland)—

(a) for subsection (3) there is substituted—

“(3) Subject to the following provisions of this section—

(a) a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a community punishment order made in England and Wales and the legislation relating to community punishment orders which has effect in England and Wales shall apply accordingly; and

(b) a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly.”

(b) in subsections (4)(a) and (6), after “community service orders” there is inserted “or, as the case may be, community punishment orders”,

(c) in subsection (5), after “a community service order” there is inserted “or, as the case may be, a community punishment order”.

126 In section 307(1) (interpretation), at the appropriate place there is inserted—

““local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000”.