Criminal Procedure (Scotland) Act 1975

387 Failure to comply with requirement of probation order. S

(1) If, on information F1 . from

[F2 (a)] the officer supervising the probationer

[F3 (b) the [F4 chief social work officer]of the local authority whose officer is supervising the probationer; or

(c) an officer appointed by the [chief social work officer]to act on his behalf for the purposes of this subsection,]

it appears to the court by which the order was made or to the appropriate court that the probationer has failed to comply with any of the requirements of the order, that court may issue a warrant for the arrest of the probationer, or may, if it thinks fit, instead of issuing such a warrant in the first instance, issue a citation requiring the probationer to appear before the court at such time as may be specified in the citation.

(2) If it is proved to the satisfaction of the court before which a probationer appears or is brought in pursuance of the foregoing subsection that he has failed to comply with any of the requirements of the probation order, the court may—

(a) [F5 except in the case of a failure to comply with a requirement to pay compensation and] without prejudice to the continuance in force of the probation order, impose a fine not exceeding [F6 level 3 on the standard scale], or

[F7 (b) sentence the offender for the offence for which the order was made;]

(c) vary any of the requirements of the probation order, so however that any extension of the probation period shall terminate not later than three years from the date of the probation order [F8 ; or

(d) without prejudice to the continuance in force of the probation order, in a case where the conditions required by the M1 Community Service by Offenders (Scotland) Act 1978 are satisfied, make a community service order, and the provisions of that Act shall apply to such an order as if the failure to comply with the requirement of the probation order were the offence in respect of which the order had been made.]

[F9 (2A) for the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.]

(3) A fine imposed under this section in respect of a failure to comply with the requirements of a probation order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction of a penalty imposed on a person summarily convicted.

(4) A probationer who is required by a probation order to submit to treatment for his mental condition shall not be deemed for the purpose of this section to have failed to comply with that requirement on the ground only that he has refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

(5) Without prejudice to the provisions of section 388 of this Act, a probationer who is convicted of an offence committed during the probation period shall not on that account be liable to be dealt with under this section for failing to comply with any requirement of the probation order.

Textual Amendments

F1 Words in s. 387(1) repealed (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 71, Sch. 7 Pt. I; S.I 1996/517, arts. 3(2), 4-6, Sch. 2

F2 S. 387 “(a)” inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(2)(a); S.I. 1991/850, art. 3, Schedule

F3 S. 387(1)(b)(c) inserted (1.4.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), s. 61(2)(b); S.I. 1991/850, art. 3, Schedule

F4 Words in s. 387(1)(b)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 97(3); S.I. 1996/323, art. 4(1)(b)(c)

F5 Words inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 65(5)

F6 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56, Sch. 7

F7 S. 387(2)(b) substituted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 38(2); S.I 1996/517, arts. 3(2), 4-6, Sch. 2

F8 Word and s. 387(2)(d) added by Community Service by Offenders (Scotland) Act 1978 (c. 49, SIF 39:1), s. 8

F9 S. 387(2A) inserted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(7) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(4), 4(1)(c)

Marginal Citations

M1 1978 c. 49(39:1).