The Offender Management Act 2007 (Consequential Amendments) Order 2008

Criminal Procedure (Scotland) Act 1995

11.—(1) The Criminal Procedure (Scotland) Act 1995(1) is amended as follows.

(2) In section 209 (supervised release orders)—

(a) in subsection (3)(a)(2), omit “either” and after “petty sessions area” insert “or (as the case may be) an officer of a provider of probation services acting in a local justice area”; and

(b) in subsection (7)(3), in the definition of “supervising officer”, after “board” insert “or officer of a provider of probation services”.

(3) In section 228 (probation orders), in subsection (2)(b)(4), at the end insert “or (as the case may be) by a provider of probation services operating in the local justice area which would be named in the order”.

(4) In section 234 (probation orders: persons residing in England and Wales)—

(a) in subsection (1)(a)(5), for “appointed for or assigned to” substitute “, or (as the case may be) an officer of a provider of probation services, acting in”; and

(b) in subsection (3)(c)(6), at the end insert “or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside”.

(5) In section 242 (community service orders: persons residing in England and Wales), in subsection (3)(b)(7)—

(a) after “that area” insert “or a provider of probation services operating in that area”; and

(b) after “the board” insert “or provider (as the case may be)”.

(1)

1995 c. 46 (S.)

(2)

Section 209(3)(a) was amended by the Criminal Justice and Court Services Act 2000 (c.43), Schedule 7, paragraph 4(1)(a) and (2).

(3)

In section 209(7) the definition of “supervising officer” was amended by the Criminal Justice and Court Services Act 2000 (c.43), Schedule 7, paragraphs 120 and 121.

(4)

Section 228(2)(b) was amended by the Criminal Justice and Court Services Act 2000 (c.43), Schedule 7, paragraphs 120 and 122.

(5)

Section 234(1)(a) was amended by the Criminal Justice and Court Services Act 2000 (c.43), Schedule 7, paragraph 4(1)(a) and (2) and S.I. 2005/886.

(6)

Section 234(3)(c) was amended by the Criminal Justice and Court Services Act 2000 (c.43), Schedule 7, paragraphs 120 and 123(b) and S.I. 2005/886.

(7)

Section 242(3)(b) was amended by the Criminal Justice and Court Services Act 2000 (c.43), Schedule 7, paragraphs 120 and 124(c)(i) and (ii) and the Criminal Justice Act 2003 (c.44), Schedule 32, paragraphs 69 and 71(c).