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PART XIU.K. Sentencing

[F1Offender supervision requirementS

Textual Amendments

F1Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

227GOffender supervision requirementS

(1)In this Act, an “offender supervision requirement” is, in relation to an offender, a requirement that, during the specified period, the offender must attend appointments with the responsible officer or another person determined by the responsible officer, at such time and place as may be determined by the responsible officer, for the purpose of promoting the offender's rehabilitation.

(2)On imposing a community payback order, the court must impose an offender supervision requirement if—

(a)the offender is under 18 years of age at the time the order is imposed, or

(b)the court, in the order, imposes—

(i)a compensation requirement,

(ii)a programme requirement,

(iii)a residence requirement,

(iv)a mental health requirement,

(v)a drug treatment requirement,

(vi)an alcohol treatment requirement, or

(vii)a conduct requirement.

(3)The specified period must be at least 6 months and not more than 3 years.

(4)Subsection (3) is subject to subsection (5) and section 227ZE(4).

(5)In the case of an offender supervision requirement imposed on a person aged 16 or 17 along with only a level 1 unpaid work or other activity requirement, the specified period must be no more than whichever is the greater of—

(a)the specified period under section 227L in relation to the level 1 unpaid work or other activity requirement, and

(b)3 months.

(6) In this section, “ specified ”, in relation to an offender supervision requirement, means specified in the requirement. ]