Criminal Justice (Scotland) Act 1949

4 Discharge, amendment and review of probation orders

(1) The provisions of the Second Schedule to this Act shall have effect in relation to the discharge and amendment of probation orders.

(2) Where a probation order, whether as originally made or amended under the said Schedule, requires the probationer to reside in an approved probation hostel or home or other institution or place (otherwise than for the purpose of submitting to treatment for his mental condition as a voluntary boarder or resident patient) for a period extending beyond six months from the date of the requirement, the probation officer shall, as soon as may be after the expiration of six months after that date, report on the case to the court by which the probation order was made or to the appropriate court.

(3) On receipt of any such report, the court shall review the probation order for the purpose of considering whether to cancel the requirement as to residence or reduce the period thereof, and may, if it thinks fit, amend the order accordingly without the necessity for any application in that behalf.

(4) Where, under the following provisions of .this Part of this Act, a probationer is sentenced for the offence for which he was placed on probation, the probation order shall cease to have effect.