Search Legislation

Criminal Justice (Scotland) Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 6

 Help about opening options

Changes to legislation:

Criminal Justice (Scotland) Act 2003, Part 6 is up to date with all changes known to be in force on or before 15 July 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 6:

  • specified provision(s) and purposes Appointed Day(s) by S.S.I. 2003/439 art. 2 3 Sch. (Effect not applied to legislation.gov.uk. This S.S.I. is revoked (1.10.2003) by S.S.I. 2003/475, art. 4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 6 SNon-custodial punishments

43Restriction of liberty ordersS

(1)The 1995 Act is amended as follows.

(2)In section 245A(5)(a) (duty of clerk of court by which restriction of liberty order is made)—

(a)the existing words “to any person who is to be responsible for monitoring the offender’s compliance with the order” become sub-paragraph (i); and

(b)after that sub-paragraph there is inserted the word “ and ” and the following sub-paragraph—

(ii)if the offender resides (or is to reside) in a place outwith the jurisdiction of the court making the order, to the clerk of a court within whose jurisdiction that place is;.

(3)In section 245E (variation of restriction of liberty order)—

(a)in subsection (1)—

(i)after the word “may” there are inserted the words “ except in a case to which paragraph (b) below applies, ” and those words together with the existing words “apply to the court which made the order” become paragraph (a); and

(ii)after that paragraph there is inserted the word “ or ” and the following paragraph—

(b)where a copy of the order was, under section 245A(5)(a)(ii) of this Act or subsection (7)(a) below, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),; and

(b)at the end there is added—

(5)Where a reason for an application by the offender under subsection (1) above is that he proposes to reside in a place outwith the jurisdiction of the court to which that application is made, and the court is satisfied that suitable arrangements can be made, in the district where that place is, for monitoring his compliance with the order it may—

(a)vary the order to permit or make practicable such arrangements; and

(b)where the change in residence necessitates or makes desirable a change in who is designated for the purpose of such monitoring, vary the order accordingly.

(6)Before varying a restriction of liberty order for the reason mentioned in subsection (5) above, the court shall—

(a)if the order will require the offender to remain in a specified place or in specified places, obtain and consider information about that place, or those places, including information as to the attitude of persons likely to be affected by any enforced presence there of the offender; and

(b)satisfy itself that his compliance with that requirement can be monitored by the means of monitoring specified, or which it intends to specify, in the order.

(7)Where a restriction of liberty order is varied as is mentioned in subsection (5) above, the clerk of the court shall send a copy of the order as so varied to—

(a)the clerk of a court within whose jurisdiction the place of proposed residence is;

(b)the person who, immediately before the order was varied, was responsible for monitoring the person’s compliance with it; and

(c)the person who, in consequence of the variation, is to have that responsibility.

(8)If, in relation to an application made for such reason as is mentioned in subsection (5) above, the court is not satisfied as is mentioned in that subsection, it may—

(a)refuse the application; or

(b)revoke the order..

(4)In section 245F (breach of restriction of liberty order)—

(a)in subsection (1)—

(i)after the words “force it appears”, there is inserted “ except in a case to which paragraph (b) below applies, ” and those words together with the existing words “to the court which made the order” become paragraph (a);

(ii)after that paragraph there is inserted the word “ or ” and the following paragraph—

(b)where a copy of the order was, under section 245A(5)(a)(ii) or 245E(7)(a) of this Act, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),;

(iii)after the words “order the court” there is inserted “ in question ”;

(iv)for the words “the court”, where they occur for the third time, there is substituted “ it ”; and

(v)for the words “the court”, where they occur for the fourth time, there is substituted “ that court ”;

(b)in subsection (2), for the words—

(i)“the court”, where they occur for the first time, there is substituted “ that court ”; and

(ii)“the court”, where they occur for the second time, there is substituted “ it ”; and

(c)in subsection (4), for the words “the court” there is substituted “ a court ”.

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F346Requirement for remote monitoring in probation orderS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47Requirement for remote monitoring in drug treatment and testing orderS

(1)The 1995 Act is amended as follows.

(2)After section 234C there is inserted—

234CARequirement for remote monitoring in drug treatment and testing order

(1)A drug treatment and testing order may include a requirement that during such period as may be specified in the requirement, being a period not exceeding twelve months, the offender comply with such restrictions as to his movements as the court thinks fit; and paragraphs (a) and (b) of subsection (2) of section 245A of this Act (with the qualification of paragraph (a) which that subsection contains) shall apply in relation to any such requirement as they apply in relation to a restriction of liberty order.

(2)The clerk of the court shall cause a copy of a drug treatment and testing order which includes such a requirement to be sent to the person who is to be responsible for monitoring the offender’s compliance with the requirement.

(3)If, within the period last specified by virtue of subsection (1) above or (6)(d) below, it appears to the person so responsible that the offender has failed to comply with the requirement the person shall so inform the supervising officer appointed by virtue of section 234C(6) of this Act, who shall report the matter to the court.

(4)Section 245H shall apply in relation to proceedings under section 234G of this Act as respects a drug treatment and testing order which includes such a requirement as it applies in relation to proceedings under section 245F of this Act.

(5)Sections 245A(6) and (8) to (11), 245B and 245C of this Act shall apply in relation to the imposition of, or as the case may be compliance with, requirements included by virtue of subsection (1) above in a drug treatment and testing order as those sections apply in relation to the making of, or as the case may be compliance with, a restriction of liberty order.

(6)In relation to a drug testing order which includes such a requirement, section 234E of this Act shall apply with the following modifications—

(a)the persons who may make an application under subsection (1) of that section shall include the person responsible for monitoring the offender’s compliance with the requirement, but only in so far as the application relates to the requirement;

(b)the reference in subsection (2) of that section to the supervising officer shall be construed as a reference to either that officer or the person so responsible;

(c)where an application is made under subsection (1) of that section and relates to the requirement, the persons to be heard under subsection (3) of that section shall include the person so responsible;

(d)the ways of varying the order which are mentioned in subsection (3)(a) of that section shall include increasing or decreasing the period specified by virtue of subsection (1) above (or last specified by virtue of this paragraph) but not so as to increase that period above the maximum mentioned in subsection (1) above; and

(e)the reference in subsection (5) of that section—

(i)to the supervising officer shall be construed as a reference to either that officer or the person so responsible; and

(ii)to sections 234B(5) and 234D(1) shall be construed as including a reference to section 245A(6) and (11).

(7)Where under section 234E or 234G(2)(b) of this Act the court varies such a requirement, the clerk of court shall cause a copy of the amended drug treatment and testing order to be sent—

(a)to the person responsible for monitoring the offender’s compliance with the requirement; and

(b)where the variation comprises a change in who is designated for the purposes of such monitoring, to the person who, immediately before the order was varied, was so responsible..

(3)In section 234E (amendment of drug treatment and testing order), at the end there is added—

(7)This section is subject to section 234CA(6) of this Act..

(4)In section 234G (breach of drug treatment and testing order)—

(a)in subsection (2)(b), at the end there is added “ so however that any extension of the period of a requirement imposed by virtue of section 234CA of this Act shall not increase that period above the maximum mentioned in subsection (1) of that section ”; and

(b)after subsection (2) there is inserted—

(2A)Subsections (6) and (11) of section 245A of this Act apply to the variation, under paragraph (b) of subsection (2) above, of a requirement imposed as is mentioned in that paragraph as they apply to the making of a restriction of liberty order..

48Breach of certain orders: adjourning hearing and remanding in custody etc.S

After section 245I of the 1995 Act there is inserted—

245JBreach of certain orders: adjourning hearing and remanding in custody etc.

(1)Where a probationer or offender appears before the court in respect of his apparent failure to comply with a requirement of, as the case may be, a probation order, drug treatment and testing order, supervised attendance order, community service order or restriction of liberty order the court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with him, adjourn the hearing.

(2)Where, under subsection (1) above, the court adjourns a hearing it shall remand the probationer or offender in custody or on bail or ordain him to appear at the adjourned hearing.

(3)A court shall not so adjourn a hearing for any single period exceeding four weeks or, on cause shown, eight weeks.

(4)A probationer or offender remanded under this section may appeal against the refusal of bail, or against the conditions imposed, within 24 hours of his remand.

(5)Any such appeal shall be by note of appeal presented to the High Court, who, either in court or in chambers, may after hearing the prosecutor and the appellant—

(a)review the order appealed against and either grant bail on such conditions as it thinks fit or ordain the appellant to appear at the adjourned hearing; or

(b)confirm the order..

49Power of arrest where breach of non-harassment orderS

(1)In section 234A (non-harassment orders) of the 1995 Act—

(a)in subsection (4), the words “found to be” are repealed;

(b)after that subsection there is inserted—

(4A)A constable may arrest without warrant any person he reasonably believes is committing or has committed an offence under subsection (4) above.

(4B)Subsection (4A) above is without prejudice to any power of arrest conferred by law apart from that subsection..

(2)In section 9 (breach of non-harassment order) of the Protection from Harassment Act 1997 (c. 40)—

(a)in subsection (1), the words “found to be” are repealed;

(b)after subsection (2) there is inserted—

(3)A constable may arrest without warrant any person he reasonably believes is committing or has committed an offence under subsection (1).

(4)Subsection (3) is without prejudice to any power of arrest conferred by law apart from that subsection..

50Amendments in relation to certain non-custodial sentencesS

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 245A (restriction of liberty orders) of that Act, in subsection (1)—

(a)after “offence” in the first place where it appears there is inserted “ punishable by imprisonment ”;

(b)the words from “, if” to “disposal,” are repealed;

(c)after “may” there is inserted “ , instead of imposing on him a sentence of, or including, imprisonment or any other form of detention, ”.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources