Powers of Criminal Courts (Sentencing) Act 2000

1 (1) Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 41 of this Act ([F1 community rehabilitation orders]) shall have effect as if subsections (3) to (7) and (9) to (11) were omitted and as if after subsection (2) there were inserted the following subsection— U.K.

“(2A) A court shall not make a [F1 community rehabilitation order] in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the council constituted under section 2 of the M1 Local Government etc. (Scotland) Act 1994 in whose area he resides, or will be residing when the order comes into force.”

(2) Where a [F1 community rehabilitation order] has been made and—

(a) a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland, and

(b) it appears to the court that suitable arrangements for his supervision can be made by the council constituted under section 2 of the M2 Local Government etc. (Scotland) Act 1994 in whose area he proposes to reside or is residing,

the power of the court to amend the order under Part IV of Schedule 3 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a [F1 community rehabilitation order] in accordance with this paragraph, Schedule 2 to this Act (additional requirements in [F1 community rehabilitation orders]) shall have effect as if—

(a) for sub-paragraphs (i) and (ii) of paragraph 2(2)(a) there were substituted a reference to an officer of the council constituted under section 2 of the M3 Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing when the order or amendment comes into force;

(b) any reference to the offender’s responsible officer were a reference to the officer of the council mentioned in paragraph (a) above responsible for the offender’s supervision;

(c) the reference in paragraph 2(5) to the [F2 local probation board] for the area in which the premises are situated were a reference to the council constituted under section 2 of the M4 Local Government etc. (Scotland) Act 1994 for that area;

(d) paragraph 3 (requirements as to attendance at [F3 community rehabilitation centre]) were omitted; and

(e) for paragraph 5(3)(a) there were substituted—

“(a) treatment as a resident patient in a hospital within the meaning of the M5 Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act;”.

(4) A [F1 community rehabilitation order] made or amended in accordance with this paragraph shall—

(a) specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b) specify as the appropriate court for the purposes of subsection (4) of section 228 of the M6 Criminal Procedure (Scotland) Act 1995 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.

Textual Amendments

F1 Words in Sch. 4 para. 1(1)-(4) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)

F2 Words in Sch. 4 para. 1(3)(c) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(a); S.I. 2001/919, art. 2(f)(ii)

F3 Words in Sch. 4 para. 1(3)(d) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 200(2)(b); S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

M1 1994 c. 39.

M2 1994 c. 39.

M3 1994 c. 39.

M4 1994 c. 39.

M5 1984 c. 36.

M6 1995 c. 46.