The Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2007

Scottish Statutory Instruments

2007 No. 120

CRIMINAL LAW

The Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2007

Made

27th February 2007

Laid before the Scottish Parliament

1st March 2007

Coming into force

1st September 2007

The Scottish Ministers, in exercise of the powers conferred by section 235(4)(a) of the Criminal Procedure (Scotland) Act 1995(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2007.

Commencement

2.  The provisions of this Order shall come into force on 1st September 2007.

Prescribed courts

3.  The courts which are prescribed for the purposes of section 235(4)(a) of the Criminal Procedure (Scotland) Act 1995 are–

(a) all Sheriff Courts in Scotland; and

(b) all District Courts in Scotland; and

(c) all Justice of the Peace Courts in Scotland(2).

Revocation

4.  The Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2004(3) is revoked.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th February 2007

Explanatory Note

(This note is not part of the Order)

This Order prescribes all Sheriff Courts, District Courts and Justice of the Peace Courts in Scotland as the courts which must make a supervised attendance order in the circumstances described in section 235(4) of the Criminal Procedure (Scotland) Act 1995 (article 3). These arrangements apply to these courts with effect from 1st September 2007.

This Order also revokes the Supervised Attendance Order (Prescribed Courts) (Scotland) Order 2004 (article 4).

A supervised attendance order requires an offender to attend a place of supervision for a specified period and, during that period, to carry out such instructions as may be given to the offender by the supervising officer.

(1)

1995 c. 46. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

Justice of the Peace Courts may be established by order of the Scottish Ministers, pursuant to section 46 of the Criminal Proceedings Etc. (Reform) (Scotland) Act 2007 (asp 6).

(3)

S.S.I. 2004/194.