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Criminal Justice (Scotland) Act 1949

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This is the original version (as it was originally enacted).

Probation and Case Committees

2(1)There shall be a probation committee for each probation area.

(2)The probation committee shall consist (in addition to the ex officio members under the next succeeding sub-paragraph) of such number of persons as may be prescribed (not being less than five nor, except where in the opinion of the Secretary of State the circumstances of the area otherwise require, more than fifteen), and such persons (of whom at least one shall be a woman) shall be appointed, in accordance with rules made by the Secretary of State, by the local authority for the probation area, or where the probation area comprises in whole or in part the areas of two or more local authorities, by those local authorities.

(3)The sheriff of each county wholly or partly comprised in a probation area, and any one or more sheriffs-substitute having jurisdiction in any such county whom the sheriff may nominate for the purpose, and the stipendiary magistrate for any burgh wholly or partly comprised in a probation area shall be members ex officio of the probation committee for that area.

3(1)It shall be the duty of every probation committee—

(a)to appoint sufficient salaried probation officers for their probation area, subject, in the case of such classes or descriptions of probation officers as may be prescribed, to the approval of the appointment by the Secretary of State;

(b)to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be prescribed;

(c)to provide for the efficient carrying out of the work of probation officers and to supervise such work and to receive reports by such officers;

(d)to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order or supervision order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as voluntary or resident patients; and

(e)to perform such other duties in connection with the work of probation officers as may be prescribed.

(2)Nothing in the last foregoing sub-paragraph shall require the probation committee for any area to appoint a whole-time probation officer for any area if it is shown to the satisfaction of the Secretary of State that such appointment is unnecessary.

(3)The same person may be appointed to be a salaried probation officer for two or more probation areas.

(4)It shall be competent for a probation committee to appoint in accordance with rules made by the Secretary of State one or more case committees and to delegate thereto any of their functions relating to the supervision of the work of probation officers.

(5)A probation committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons under the supervision of probation officers appointed for their area.

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