Criminal Procedure (Amendment) (Scotland) Act 2004

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

(a) after subsection (4) insert—

“(4A) Before varying a restriction of liberty order so as to require the offender to remain in a specified place or places or so as to specify a different place or different places in which the offender is to remain, the court shall—

(a) obtain and consider a report by an officer of a local authority about—

(i) the place or places proposed to be specified, and

(ii) the attitude of persons likely to be affected by any enforced presence there of the offender; and

(b) if it considers it necessary, hear the officer who prepared the report.”, and

(b) in subsection (6)(a)—

(i) after “places” in the first place where it occurs insert “—

(i)”,

(ii) for the words from “information” in the first place where it occurs to “to” in the second place where it occurs substitute “a report by an officer of a local authority about the place or places proposed to be specified and”,

(iii) after “offender;” insert “and

(ii) if it considers it necessary, hear the officer who prepared the report;”.