Criminal Justice Act 2003

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

70 (1) Section 234 (probation orders: persons residing in England and Wales) is amended as follows.

(2) In subsection (1), the words after paragraph (b) are omitted.

(3) For subsection (2) there is substituted—

“(2) Subsection (1) above applies to any probation order made under section 228 unless the order includes requirements which are more onerous than those which a court in England and Wales could impose on an offender under section 177 of the Criminal Justice Act 2003.”

(4) In subsection (3), the words from “or to vary” to “one hundred” are omitted.

(5) In subsection (4)—

(a) in paragraph (a)—

(i) for “paragraph 5(3) of Schedule 2 to the 2000 Act” there is substituted “section 207(2) of the Criminal Justice Act 2003”,

(ii) for “or, as the case may be, community rehabilitation orders” there is substituted “or, as the case may be, community orders under Part 12 of that Act”, and

(iii) for “paragraph 5 of the said Schedule 2” there is substituted “section 207 of the Criminal Justice Act 2003”, and

(b) in paragraph (b), for “sub-paragraphs (5) to (7) of the said paragraph 5” there is substituted “sections 207(4) and 208(1) and (2) of the Criminal Justice Act 2003”.

(6) After subsection (4) there is inserted—

“(4A) A probation order made or amended under this section must specify as the corresponding requirements for the purposes of this section requirements which could be included in a community order made under section 177 of the Criminal Justice Act 2003.”

(7) In subsection (5), for “Schedule 3” onwards there is substituted “Schedule 8 to the Criminal Justice Act 2003 shall apply as if it were a community order made by a magistrates' court under section 177 of that Act and imposing the requirements specified under subsection (4A) above”.

(8) For subsection (6) there is substituted—

“(6) In its application to a probation order made or amended under this section, Schedule 8 to the Criminal Justice Act 2003 has effect subject to the following modifications—

(a) any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,

(b) in paragraph 9—

(i) paragraphs (b) and (c) of sub-paragraph (1) are omitted,

(ii) in sub-paragraph (6), the first reference to the Crown Court has effect as a reference to a court in Scotland, and

(iii) any other reference in sub-paragraphs (6) or (7) to the Crown Court has effect as a reference to the court in Scotland, and

(c) Parts 3 and 5 are omitted.”

(9) In subsection (10)—

(a) for the words from “paragraph 6” to “community rehabilitation orders” there is substituted “paragraph 8 of Schedule 9 (which relates to community orders”, and

(b) for “an order made under section 41” there is substituted “a community order made under Part 12”.