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Criminal Procedure (Scotland) Act 1995

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Criminal Procedure (Scotland) Act 1995, Section 245F is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1245F Breach of restriction of liberty order.S

(1)If at any time when a restriction of liberty order is in force it appears

[F2(a)][F3except in a case to which paragraph (b) below applies,] to the court which made the order[F4 or]

[F5(b)where a copy of the order was, under section 245A(5)(a)(ii) or 245E(7)(a) of this Act, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),]

that the offender has failed to comply with any of the requirements of the order the court [F6in question] may issue a citation requiring the offender to appear before [F7it] at such time as may be specified in the citation or, if it appears to [F8that court] to be appropriate, it may issue a warrant for the arrest of the offender.

[F9(1A)The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act.]

(2)If it is proved to the satisfaction of [F10that court] that the offender has failed without reasonable excuse to comply with any of the requirements of the order [F11it] may by order—

(a)without prejudice to the continuance in force of the order, impose a fine not exceeding level 3 on the standard scale;

(b)vary the restriction of liberty order; or

(c)revoke that order.

[F12(2A)For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.]

(3)A fine imposed under this section in respect of a failure to comply with the requirements of a restriction of liberty order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.

(4)Where [F13a court] varies a restriction of liberty order under subsection (2) above it may do so in any of the ways mentioned in paragraph (a) of section 245E(2) of this Act.]

Textual Amendments

F1Ss. 245A-245I and preceding cross-heading inserted (20.10.1997 for specified purposes and 1.7.1998 otherwise) by 1997 c. 48, s. 5; S.I. 1997/2323, arts. 3, 5(1), Sch. 1

F2Words in s. 245F(1) renumbered (27.6.2003) as s. 245F(1)(a) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(1)(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F9S. 245F(1A) inserted (27.10.2003) by virtue of Criminal Justice (Scotland) Act 2003 (asp 7), ss. 60(1)(h), 89; S.S.I. 2003/475, art. 2, Sch.

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