Search Legislation

Community Justice (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

Community Justice Scotland: developing and arranging services

31Ability of Community Justice Scotland to develop and arrange services

(1)The powers conferred on Community Justice Scotland by section 5 include, in particular, power to do any of the things mentioned in subsection (2) in pursuance of section 4(1)(c).

(2)Those things are—

(a)identifying a desirable service falling within subsection (3),

(b)designing an appropriate model for the provision of such a service,

(c)making arrangements for the provision of such a service,

(d)encouraging or assisting, or acting in collaboration with, any of the community justice partners to do anything mentioned in paragraphs (a) to (c).

(3)A service falls within this subsection if the service—

(a)is provided to persons falling within section 1(3), (6) or (7) and involves managing or supporting them with a view to eliminating or reducing future offending by them, or

(b)is provided to persons who are being released, having been convicted of offences and sentenced to imprisonment or detention in penal institutions, and involves preparing them for that release.

(4)In subsection (3)(a), “supporting” has the same meaning as in section 1(1)(b).

(5)A service referred to in subsection (2) may be for—

(a)all of Scotland, or

(b)the areas of particular local authorities.

(6)Before exercising a power conferred by virtue of subsection (1), Community Justice Scotland must—

(a)have regard to the desirability of—

(i)services in a particular area being best suited to the needs of that area, and

(ii)working in collaboration with others, where appropriate,

(b)consult—

(i)each of the community justice partners,

(ii)such third sector bodies involved in community justice as it considers appropriate, and

(iii)such other persons as it considers appropriate.

(7)Subsection (6) does not apply where Community Justice Scotland is complying with a requirement under subsection (8).

(8)Community Justice Scotland must comply with a requirement by the Scottish Ministers that it exercises a power conferred by virtue of subsection (1) in relation to a service of a particular description.

(9)Before making a requirement under subsection (8), the Scottish Ministers must consult—

(a)each of the other community justice partners,

(b)such third sector bodies involved in community justice as they consider appropriate, and

(c)such other persons as they consider appropriate.

(10)Nothing in this section, or section 5, authorises Community Justice Scotland to provide a service falling within subsection (3) (either itself or in collaboration with others).

(11)In this section—

(a)the reference to identifying a service includes procuring and funding the identification of a service,

(b)the reference to designing a service includes procuring and funding the design of a service.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 Executive department responsible for the subject matter of the Act 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

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