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
(1)If at any time when a restriction of liberty order is in force it appears
[F3(a)][F4except in a case to which paragraph (b) below applies,] to the court which made the order[F5 or]
[F6(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 [F7in question] may issue a citation requiring the offender to appear before [F8it] at such time as may be specified in the citation or, if it appears to [F9that court] to be appropriate, it may issue a warrant for the arrest of the offender.
[F10(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 [F11that court] that the offender has failed without reasonable excuse to comply with any of the requirements of the order [F12it] 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.
[F13(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 [F14a 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
F2Ss. 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
F3Words 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.
F4Words in s. 245F(1) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.
F5Word in s. 245F(1) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(a)(ii), 89; S.S.I. 2003/288, art. 2, Sch.
F6S. 245F(1)(b) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(a)(ii), 89; S.S.I. 2003/288, art. 2, Sch.
F7Words in s. 245F(1) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(a)(iii), 89; S.S.I. 2003/288, art. 2, Sch.
F8Words in s. 245F(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(a)(iv), 89; S.S.I. 2003/288, art. 2, Sch.
F9Words in s. 245F(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(a)(v), 89; S.S.I. 2003/288, art. 2, Sch.
F10S. 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.
F11Words in s. 245F(2) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(b)(i), 89; S.S.I. 2003/288, art. 2, Sch.
F12Words in s. 245F(2) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(b)(ii), 89; S.S.I. 2003/288, art. 2, Sch.
F13S. 245F(2A) inserted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 58, 84; S.S.I. 2007/479, art. 3(1), Sch. (subject to art. 13) (as amended by S.S.I. 2007/527)
F14Words in s. 245F(4) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 43(4)(c), 89; S.S.I. 2003/288, art. 2, Sch.