Criminal Procedure (Scotland) Act 1995

Community service by offenders E+W+S+N.I.

238 Community service orders. S

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Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Ss. 238-245 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

239 Community service orders: requirements. S

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Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Ss. 238-245 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

240 Community service orders: amendment and revocation etc. S

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Ss. 238-245 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

241 Community service order: commission of offence while order in force. S

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Ss. 238-245 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

242 Community service orders: persons residing in England and Wales. S

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5 Ss. 238-245 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

243 Community service orders: persons residing in Northern Ireland. S

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6 Ss. 238-245 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland. E+W+S+N.I.

[F7 (1) Where a community service order is made or amended in the circumstances specified in section 242 or 243 of this Act, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

(2) In this section—

• “home court” means—

  (a)

  if the offender resides in England or Wales, or will be residing in England or Wales at the relevant time, the magistrates’ court acting for the petty sessions area in which he resides or proposes to reside; and

  (b)

  if he resides in Northern Ireland, or will be residing in Northern Ireland, at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside; and

• “the relevant time” means the time when the order or the amendment to it comes into force.

[F8 (3) Subject to the following provisions of this section—

(a) a community service order made or amended in the circumstances specified in section 242 shall be treated as if it were a [F9 community order (within the meaning of Part 12 of the Criminal Justice Act 2003)][F10 or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)] made in England and Wales and the legislation relating to [F11 such community orders][F12 or youth rehabilitation orders] which has effect in England and Wales shall apply accordingly; and

(b) a community service order made or amended in the circumstances specified in section 243 shall be treated as if it were a community service order made in Northern Ireland and the legislation relating to community service orders which has effect in Northern Ireland shall apply accordingly.]

(4) Before making or amending a community service order in those circumstances the court shall explain to the offender in ordinary language—

(a) the requirements of the legislation relating to community service orders [F13 , community orders][F14 (within the meaning of Part 12 of the Criminal Justice Act 2003)][F15 or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)] which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;

(b) the powers of the home court under that legislation, as modified by this section; and

(c) its own powers under this section,

and an explanation given in accordance with this section shall be sufficient without the addition of an explanation under section 238(4) of this Act.

(5) The home court may exercise in relation to the community service order any power which it could exercise in relation to a community service order , [F16 a community order][F17 (within the meaning of Part 12 of the Criminal Justice Act 2003)][F18 or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)] made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part of the United Kingdom, except—

(a) a power to vary the order by substituting for the number of hours’ work specified in it any greater number than the court which made the order could have specified;

(b) a power to revoke the order; and

(c) a power to revoke the order and deal with the offender for the offence in respect of which it was made in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(6) If at any time while legislation relating to community service orders [F19 , community orders][F20 (within the meaning of Part 12 of the Criminal Justice Act 2003)][F21 or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)] which has effect in one part of the United Kingdom applies by virtue of subsection (3) above to a community service order made in another part—

(a) it appears to the home court—

(i) if that court is in England or Wales, on information to a justice of the peace acting for the petty sessions area for the time being specified in the order; or

(ii) if it is in Northern Ireland, upon a complaint being made to a [F22 resident magistrate],

that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or

(b) it appears to the home court on the application of—

(i) the offender; or

(ii) if that court is in England and Wales, the [F23 responsible officer under [F24 Part 12 of the Criminal Justice Act 2003]][F25 or, as the case may be, under Part 1 of the Criminal Justice and Immigration Act 2008]; or

(iii) if that court is in Northern Ireland, the relevant officer under the M1 Treatment of Offenders (Northern Ireland) Order 1976,

that it would be in the interests of justice to exercise a power mentioned in subsection (5)(b) or (c) above,

the home court may require the offender to appear before the court by which the order was made.

(7) Where an offender is required by virtue of subsection (6) above to appear before the court which made a community service order, that court—

(a) may issue a warrant for his arrest; and

(b) may exercise any power which it could exercise in respect of the community service order if the offender resided in the part of the United Kingdom where the court has jurisdiction,

and any enactment relating to the exercise of such powers shall have effect accordingly.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7 S. 244 repealed (S.) (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)

F8 S. 244(3)(a)(b) substituted for s. 244(3) (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 125(a); S.I. 2001/919 art. 2(f)(ii)

F9 Words in s. 244(3)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(a)(i); S.I. 2005/950, art. 2(1), Sch. 1

F10 Words in s. 244(3)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(2)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F11 Words in s. 244(3)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(a)(ii); S.I. 2005/950, art. 2(1), Sch. 1

F12 Words in s. 244(3)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F13 Words in s. 244(4)(a) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(3)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F14 Words in s. 244(4)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(b); S.I. 2005/950, art. 2(1), Sch. 1

F15 Words in s. 244(4)(a) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(3)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F16 Words in s. 244(5) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(4)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F17 Words in s. 244(5) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(c); S.I. 2005/950, art. 2(1), Sch. 1

F18 Words in s. 244(5) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(4)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F19 Words in s. 244(6) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(5)(a) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F20 Words in s. 244(6) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(d)(i); S.I. 2005/950, art. 2(1), Sch. 1

F21 Words in s. 244(6) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(5)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

F22 Words in s. 244(6)(a)(ii) substituted (1.4.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 10, 87, Sch. 4 para. 37; S.R. 2005/109, art. 2, Sch.

F23 Words in s. 244(6)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 178

F24 Words in s. 244(6)(b)(ii) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 72(d)(ii); S.I. 2005/950, art. 2(1), Sch. 1

F25 Words in s. 244(6) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 46(5)(c) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v) (with art. 4)

Marginal Citations

M1 S.I. 1976 No.226 (N.I. 4)

245 Community service orders: rules, annual report and interpretation. S

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Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26 Ss. 238-245 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 20; S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)