Powers of Criminal Courts (Sentencing) Act 2000

1 (1) Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 41 of this Act (probation orders) shall have effect as if subsections (3) to (7) and (9) to (11) were omitted and as if after subsection (2) there were inserted the following subsection—

“(2A) A court shall not make a probation order in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 in whose area he resides, or will be residing when the order comes into force.”

(2) Where a probation order has been made and—

(a) a magistrates' court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland, and

(b) it appears to the court that suitable arrangements for his supervision can be made by the council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 in whose area he proposes to reside or is residing,

the power of the court to amend the order under Part IV of Schedule 3 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3) Where a court is considering the making or amendment of a probation order in accordance with this paragraph, Schedule 2 to this Act (additional requirements in probation orders) shall have effect as if—

(a) for sub-paragraphs (i) and (ii) of paragraph 2(2)(a) there were substituted a reference to an officer of the council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing when the order or amendment comes into force;

(b) any reference to the offender’s responsible officer were a reference to the officer of the council mentioned in paragraph (a) above responsible for the offender’s supervision;

(c) the reference in paragraph 2(5) to the probation committee for the area in which the premises are situated were a reference to the council constituted under section 2 of the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 for that area;

(d) paragraph 3 (requirements as to attendance at probation centre) were omitted; and

(e) for paragraph 5(3)(a) there were substituted—

“(a) treatment as a resident patient in a hospital within the meaning of the [1984 c. 36.] Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act;”.

(4) A probation order made or amended in accordance with this paragraph shall—

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

(b) specify as the appropriate court for the purposes of subsection (4) of section 228 of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.