Criminal Procedure (Scotland) Act 1995

Changes over time for: Section 234

Version Superseded: 01/04/2005

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234 Probation orders: persons residing in England and Wales.E+W+S

(1)Where the court which made a probation order to which this subsection applies is satisfied that the offender has attained the age of 16 years and resides or will reside in England and Wales, subsections (3) and (4) of section 228 of this Act shall not apply to the order, but—

(a)the order shall contain a requirement that he be under the supervision of [F1an officer of a local probation board] appointed for or assigned to the petty sessions area in which the offender resides or will reside; and

(b)that area shall be named in the order,

and where the order includes a requirement that the probationer performs unpaid work for a number of hours, the number specified shall not exceed one hundred.

(2)Subsection (1) above applies to a probation order which is made under the said section 228 but does not include a requirement which would, if made, correspond to a requirement mentioned in paragraph 2 or 3 of [F2Schedule 2 to the 2000 Act], but would, if included in a [F3community rehabilitation order made] under that Act, fail to accord with a restriction as to days of presentation, participation or attendance mentioned in paragraph 2(4)(a) or (6)(a), or as the case may be [F43(4)(a)], of that Schedule.

(3)Where a probation order has been made under the said section 228 and the court in Scotland which made the order or the appropriate court is satisfied—

(a)that the probationer has attained the age of 16 years;

(b)that he proposes to reside, or is residing, in England and Wales; and

(c)that suitable arrangements for his supervision can be made by the [F5local probation board] for the area which contains the petty sessions area in which he resides or will reside,

the power of that court to amend the order under Schedule 6 to this Act shall include power to insert the provisions required by subsection (1) above or to vary any requirement for performance of unpaid work so that such hours as remain to be worked do not exceed one hundred, and the court may so amend the order without summoning the probationer and without his consent.

(4)A probation order made or amended by virtue of this section may, notwithstanding section 230(9) of this Act, include a requirement that the probationer shall submit to treatment for his mental condition, and—

(a)subsections (1), (3) and (8) of the said section 230 and paragraph 5(3) of [F6Schedule 2 to the 2000 Act] (all of which regulate the making of probation orders [F7or, as the case may be, community rehabilitation orders]which include any such requirement) shall apply to the making of an order which includes any such requirement by virtue of this subsection as they apply to the making of an order which includes any such requirement by virtue of the said section 230 and paragraph 5 of the said [F8Schedule 2] respectively; and

(b)sub-paragraphs (5) to (7) of the said paragraph 5 (functions of supervising officer and registered medical practitioner where such a requirement has been imposed) shall apply in relation to a probationer who is undergoing treatment in England and Wales in pursuance of a requirement imposed by virtue of this subsection as they apply in relation to a probationer undergoing such treatment in pursuance of a requirement imposed by virtue of that section.

(5)Sections 231(1) and 232(1) of this Act shall not apply to any order made or amended under this section; but subject to subsection (6) below, [F9Schedule 3 to the 2000 Act] shall apply to the order—

(a)except in the case mentioned in paragraph (b) below, as if that order were a [F10community rehabilitation order] made under [F11section 41 of that Act]; and

(b)in the case of an order which contains a requirement such as is mentioned in section 229(4) of this Act, as if it were a [F12community punishment and rehabilitation order] made under [F13section 51 of that Act].

(6)Part III of [F14Schedule 3 to the 2000 Act]shall not apply as mentioned in subsection (5) above; and [F15sub-paragraphs (4) and (5) of paragraph 4] of that Schedule shall so apply as if for the first reference in the said [F16sub-paragraph (4)]to the Crown Court there were substituted a reference to a court in Scotland and for other references in those sub-paragraphs to the Crown Court there were substituted references to the court in Scotland.

(7)If it appears on information to a justice acting for the petty sessions area named in a probation order made or amended under this section that the person to whom the order relates has been convicted by a court in any part of Great Britain of an offence committed during the period specified in the order he may issue—

(a)a summons requiring that person to appear, at the place and time specified in the summons, before the court in Scotland which made the probation order; or

(b)if the information is in writing and on oath, a warrant for his arrest, directing that person to be brought before the last-mentioned court.

(8)If a warrant for the arrest of a probationer issued under section 233 of this Act by a court is executed in England and Wales and the probationer cannot forthwith be brought before that court, the warrant shall have effect as if it directed him to be brought before a magistrates’ court for the place where he is arrested; and the magistrates’ court shall commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the court in Scotland.

(9)The court by which a probation order is made or amended in accordance with the provisions of this section shall send three copies of the order to the [F17justices’ chief executive] for the petty sessions area named in the order, together with such documents and information relating to the case as it considers likely to be of assistance to the court acting for that petty sessions area.

(10)Where a probation order which is amended under subsection (3) above is an order to which the provisions of this Act apply by virtue of [F18paragraph 6 of Schedule 4 to the 2000 Act] (which relates to [F10community rehabilitation orders] under that Act relating to persons residing in Scotland) then, notwithstanding anything in [F19that Schedule] or this section, the order shall, as from the date of the amendment, have effect in all respects as if it were an order made under [F20section 41] of that Act in the case of a person residing in England and Wales.