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Criminal Procedure (Scotland) Act 1995

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[F1227DCommunity payback order: further provisionS

(1)Where a community payback order is imposed on an offender, the order is to be taken for all purposes to be a sentence imposed on the offender.

(2)On imposing a community payback order, the court must state in open court the reasons for imposing the order.

(3)The imposition by a court of a community payback order on an offender does not prevent the court imposing a fine or any other sentence (other than imprisonment), or making any other order, that it would be entitled to impose or make in respect of the offence.

(4)Where a court imposes a community payback order on an offender, the clerk of the court must ensure that—

(a)a copy of the order is given to—

(i)the offender, and

(ii)the local authority within whose area the offender resides or will reside, and

(b)a copy of the order and such other documents and information relating to the case as may be useful are given to the clerk of the appropriate court (unless the court imposing the order is that court).

(5)A copy of the order may be given to the offender—

(a)by being delivered personally to the offender, or

(b)by being sent—

(i)by a registered post service (as defined in section 125(1) of the Postal Services Act 2000 (c.26)), or

(ii)by a postal service which provides for the delivery of the document to be recorded.

(6)A community payback order is to be in such form, or as nearly as may be in such form, as may be prescribed by Act of Adjournal.]

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))

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