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Criminal Justice (Scotland) Act 1949

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This is the original version (as it was originally enacted).

72Application to supervision orders of certain provisions relating to probation

(1)Subject to the provisions of this section, a supervision order (that is to say an order made under section sixty-six, section sixty-seven, section sixty-eight or section eighty-eight of the Children and Young Persons (Scotland) ' Act, 1937, or under section thirty-eight of the Education (Scotland) Act, 1946, placing a child or young person under the supervision of a probation officer or of some other person appointed for the purpose by the court) may include any such requirement as to the residence of the person to whom the order relates, or as to treatment for his mental condition as may, by virtue of subsection (6) of section two or by virtue of section three of this Act, be included in a probation order and any other requirement which the court, in the particular circumstances of the case, considers necessary for effecting the purposes of the order:

Provided that a supervision order containing any such requirement shall not be made unless the child or young person consents thereto.

(2)A supervision order shall cease to have effect when the person to whom it applies attains the age of eighteen.

(3)The clerk of the court by which a supervision order is made or of the appropriate court shall forthwith cause a copy of the Order to be given to the parent or guardian of the child or to the young person to whom the order relates, to the person under whose supervision the child or young person is placed by the order and to the person in charge of any institution or place in which the child or young person is required by the order to reside; and subject to the provisions of this section, subsection (9) of section two of this Act shall apply to a supervision order which requires a person to reside in any institution as it applies to a probation order containing such a requirement.

(4)If at any time during the period of supervision specified in a supervision order, the court by which the order was made or the appropriate court is satisfied on information on oath from the person under whose supervision the person to whom the order relates is placed that that person has failed to comply with any of the requirements of the order, the court may issue a citation requiring the person to whom the order relates to appear before the court at such time as may be specified in the citation, and in the event of his failing so to appear, the court may issue a warrant for his arrest.

(5)Subsections (1) to (3) of section four of this Act, and the Second Schedule to this Act, shall apply in relation to the discharge, amendment and review of supervision orders as they apply in relation to the discharge, amendment and review of probation orders:

Provided that a supervision order may be amended under the said Second Schedule on application made by any person.

(6)For the purposes of their application to supervision orders under this section, the provisions of this Act specified in subsections (1) (3) and (5) of this section shall have effect subject to the following modifications, that is to say—

(a)for references to a probation order there shall be substituted references to a supervision order;

(b)for references to the probation period there shall be substituted references to the period of supervision specified in the supervision order;

(c)for references to the probationer or the offender there shall be substituted references to the person in whose case the supervision order is or is to be made;

(d)references to the probation officer shall include references to a person not being a probation officer under whose supervision the child or young person to whom the supervision order relates is placed by virtue of the order;

(e)paragraph 5 of the said Second Schedule shall not apply except where the amending order requires the person to whom the supervision order relates to reside in an institution or to submit to treatment for his mental condition.

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