PART XI Sentencing

F4Antisocial behaviour orders

Annotations:
Amendments (Textual)
F4

Ss. 234AA, 234AB and cross-heading inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 118, 145(2); S.S.I. 2004/420, art. 3, Sch. 1

F1234H Disposal on revocation of drugs treatment and testing order.

1

Where the court revokes a F2drug treatment and testing order under section 234E(3)(b), 234F(4) or 234G(2)(c) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made.

2

In disposing of an offender under subsection (1) above, the court shall have regard to the time for which the order has been in operation.

3

Where the court revokes a drug treatment and testing order as mentioned in subsection (1) above and the offender is F3, in respect of the same offence, also subject to a community payback order, by virtue of section 234J, or a restriction of liberty order, by virtue of section 245D, the court shall, before disposing of the offender under subsection (1) above, revoke the community payback order or restriction of liberty order (as the case may be).

4

This section is subject to section 42(8) of the Criminal Justice (Scotland) Act 2003 (asp 7)(powers of drugs court).