Search Legislation

Powers of Criminal Courts (Sentencing) Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: community rehabilitation: Scotland

 Help about opening options

Version Superseded: 04/04/2005

Alternative versions:

Status:

Point in time view as at 01/04/2001.

Changes to legislation:

Powers of Criminal Courts (Sentencing) Act 2000, Cross Heading: community rehabilitation: Scotland is up to date with all changes known to be in force on or before 28 March 2024. 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

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

[F1community rehabilitation]: ScotlandU.K.

Textual Amendments

F1Sch. 4 para. 1: words in cross-heading substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(b)(2); S.I. 2001/919, art. 2(f)(i)

1(1)Where a court considering the making of a probation order is satisfied that the offender resides in Scotland, or will be residing there when the order comes into force, section 41 of this Act ([F2community rehabilitation orders]) shall have effect as if subsections (3) to (7) and (9) to (11) were omitted and as if after subsection (2) there were inserted the following subsection—U.K.

(2A)A court shall not make a [F2community rehabilitation order] in respect of any offender unless it is satisfied that suitable arrangements for his supervision can be made by the council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994 in whose area he resides, or will be residing when the order comes into force.

(2)Where a [F2community rehabilitation order] has been made and—

(a)a magistrates’ court acting for the petty sessions area specified in the order is satisfied that the offender proposes to reside or is residing in Scotland, and

(b)it appears to the court that suitable arrangements for his supervision can be made by the council constituted under section 2 of the M2Local Government etc. (Scotland) Act 1994 in whose area he proposes to reside or is residing,

the power of the court to amend the order under Part IV of Schedule 3 to this Act shall include power to amend it by requiring him to be supervised in accordance with arrangements so made.

(3)Where a court is considering the making or amendment of a [F2community rehabilitation order] in accordance with this paragraph, Schedule 2 to this Act (additional requirements in [F2community rehabilitation orders]) shall have effect as if—

(a)for sub-paragraphs (i) and (ii) of paragraph 2(2)(a) there were substituted a reference to an officer of the council constituted under section 2 of the M3Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing when the order or amendment comes into force;

(b)any reference to the offender’s responsible officer were a reference to the officer of the council mentioned in paragraph (a) above responsible for the offender’s supervision;

(c)the reference in paragraph 2(5) to the [F3local probation board] for the area in which the premises are situated were a reference to the council constituted under section 2 of the M4Local Government etc. (Scotland) Act 1994 for that area;

(d)paragraph 3 (requirements as to attendance at [F4community rehabilitation centre]) were omitted; and

(e)for paragraph 5(3)(a) there were substituted—

(a)treatment as a resident patient in a hospital within the meaning of the M5Mental Health (Scotland) Act 1984, not being a State hospital within the meaning of that Act;.

(4)A [F2community rehabilitation order] made or amended in accordance with this paragraph shall—

(a)specify the locality in Scotland in which the offender resides or will be residing when the order or amendment comes into force; and

(b)specify as the appropriate court for the purposes of subsection (4) of section 228 of the M6Criminal Procedure (Scotland) Act 1995 a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the locality specified under paragraph (a) above.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources