Criminal Justice Act 2003

Part 1 U.K. Scotland

1 (1) Where the court considering the making of a community order is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may not make a community order in respect of the offender unless it appears to the court— U.K.

(a) in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and

(b) in any case, that suitable arrangements for his supervision can be made by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) in whose area he resides, or will be residing when the order comes into force.

(2) The requirements referred to in sub-paragraph (1)(a) are—

(a) an unpaid work requirement,

[F1 (b) a rehabilitation activity requirement,]

(c) a programme requirement,

(d) a mental health treatment requirement,

(e) a drug rehabilitation requirement,

(f) an alcohol treatment requirement, and

(g) an electronic monitoring requirement [F2 within section 215(1)(a)] .

(3) Where—

(a) the appropriate court for the purposes of paragraph 16 of Schedule 8 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a community order is in force proposes to reside or is residing in Scotland, and

(b) it appears to the court that the conditions in sub-paragraph (1)(a) and (b) are satisfied,

the power of the court to amend the order under Part 4 of Schedule 8 includes power to amend it by requiring it to be complied with in Scotland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).

(4) For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.

(5) The court may not by virtue of sub-paragraph (1) or (3) require [F3 an alcohol abstinence and monitoring requirement or] an attendance centre requirement [F4 , or an electronic monitoring requirement within section 215(1)(b),] to be complied with in Scotland.

(6) A community order made or amended in accordance with this paragraph must—

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

(b) specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Scotland;

(c) specify as the appropriate court for the purposes of [F5 sections 227A to 227ZK] of the Criminal Procedure (Scotland) Act 1995 (c. 46) a court of summary jurisdiction (which, in the case of an offender convicted on indictment, must be the sheriff court) having jurisdiction in the locality specified under paragraph (a);

and section 216 ([F6 local justice area] to be specified) does not apply in relation to an order so made or amended.

Textual Amendments

F1 Sch. 9 para. 1(2)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 7(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)

F2 Words in Sch. 9 para. 1(2)(g) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(2); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F3 Words in Sch. 9 para. 1(5) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(9)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2))

F4 Words in Sch. 9 para. 1(5) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018, 13.3.2017 in relation to specified local justice areas until 12.3.2019) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(3); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2); S.I. 2017/236, art. 2 (with arts. 3, 4) (as amended (12.3.2018 at 10 p.m.) by S.I. 2018/357, arts. 1, 2)

F5 Words in Sch. 9 para. 1(6)(c) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 14(2) (with art. 4(4))

F6 Words in Sch. 9 para. 1(6) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 107

Commencement Information

I1 Sch. 9 wholly in force at 4.4.2009; Sch. 9 not in force at Royal Assent, see s. 336(3); Sch. 9 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 33 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)

2 (1) Where a court is considering the making or amendment of a community order by virtue of paragraph 1, Chapter 4 of Part 12 of this Act has effect subject to the following modifications. U.K.

(2) Any reference to the responsible officer has effect as a reference to the officer of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) responsible for the offender’s supervision [F7 and for discharging in relation to him the functions of the responsible officer under sections 227A to 227ZK] of the Criminal Procedure (Scotland) Act 1995.

(3) The following provisions are omitted—

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) subsection (4) of section 206 (residence requirement), and

(d) subsection (4) of section 218 (availability of arrangements in local area).

(4) In section 207 (mental health treatment requirement), for subsection (2)(a) there is substituted—

“(a) treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”.

(5) In section 215 (electronic monitoring requirement), in subsection (3), the words from “and” onwards are omitted.

Textual Amendments

F7 Words in Sch. 9 para. 2(2) substituted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 14(3) (with art. 4(4))

F8 Sch. 9 para. 2(3)(a) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 7(3) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)

F9 Sch. 9 para. 2(3)(b) omitted (1.2.2015) by virtue of Offender Rehabilitation Act 2014 (c. 11), ss. 16(3)(a), 22(1); S.I. 2015/40, art. 2(n)

Commencement Information

I2 Sch. 9 wholly in force at 4.4.2009; Sch. 9 not in force at Royal Assent, see s. 336(3); Sch. 9 in force for certain purposes at 4.4.2005 and otherwise in force at 4.4.2009 by S.I. 2005/950, art. 2, Sch. 1 para. 33 (subject to Sch. 2) (as amended by S.I. 2007/391, art. 2)