SCHEDULES
SCHEDULE 32Amendments relating to sentencing
Part 1General
Criminal Procedure (Scotland) Act 1995 (c. 46)
I169
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
I270
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
”
.
I371
In section 242 (community service orders: persons residing in England and Wales)—
a
in subsection (1)—
i
in paragraph (a)(ii), for “a community punishment order” there is substituted “
an unpaid work requirement imposed by a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)
”
, and
ii
in paragraph (a)(iii), for “community punishment orders made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “
unpaid work requirements imposed by community orders made under section 177 of the Criminal Justice Act 2003
”
,
b
in subsection (2)(b), for “community punishment orders made under section 46 of the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “
unpaid work requirements imposed by community orders made under section 177 of the Criminal Justice Act 2003
”
, and
c
in subsection (3)(b), for “in respect of community punishment orders conferred on responsible officers by the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “
conferred on responsible officers by Part 12 of the Criminal Justice Act 2003 in respect of unpaid work requirements imposed by community orders (within the meaning of that Part)
”
.
I472
In section 244 (community service orders: provisions relating to persons living in England and Wales or Northern Ireland)—
a
in subsection (3)(a)—
i
for “community punishment order” there is substituted “
community order (within the meaning of Part 12 of the Criminal Justice Act 2003)
”
, and
ii
for “community punishment orders” there is substituted “
such community orders
”
,
b
in subsection (4)(a), for “community punishment orders” there is substituted “
community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)
”
,
c
in subsection (5), for “community punishment order” there is substituted “
a community order (within the meaning of Part 12 of the Criminal Justice Act 2003)
”
, and
d
in subsection (6)—
i
for “community punishment orders”, where first occurring, there is substituted “
community orders (within the meaning of Part 12 of the Criminal Justice Act 2003)
”
, and
ii
in paragraph (b)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” there is substituted “
Part 12 of the Criminal Justice Act 2003
”
.