Part 8Evidential, jurisdictional and procedural matters

Procedural matters

60Unified citation provisions

(1)

In the 1995 Act, in—

(a)

section 232 (probation orders: failure to comply with requirement), for subsection (7) there is substituted;

(b)

section 233 (probation orders: commission of further offence), after subsection (1) there is inserted;

(c)

section 234E (amendment of drug treatment and testing order), after subsection (2) there is inserted;

(d)

section 234G (breach of drug treatment testing order), after subsection (1) there is inserted;

(e)

section 239 (community service orders: requirements), after subsection (4) there is inserted;

(f)

section 240 (community service orders: amendment and revocation etc.), at the end there is added;

(g)

section 245E (variation of restriction of liberty order), after subsection (3) there is inserted; and

(h)

section 245F (breach of restriction of liberty order), after subsection (1) there is inserted,

in each case as a subsection appropriately numbered, the following—

“ 

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)

In section 307(1) of that Act (interpretation), at the appropriate place there is inserted—

““the unified citation provisions”means section 216(5) and (6)(a) and (b) of this Act;”.

(3)

In Schedule 6 to that Act (discharge of and amendment to probation orders), in paragraph 5, at the end there is added—

“(3)

The unified citation provisions apply in relation to a citation under sub-paragraph (1) above as they apply in relation to a citation under section 216(3)(a) of this Act.”.

(4)

In Schedule 7 to that Act (supervised attendance orders: further provisions), after paragraph 5, there is inserted—

“5A

The unified citation provisions apply in relation to a citation under paragraph 4(1) or 5(3) of this Schedule as they apply in relation to a citation under section 216(3)(a) of this Act.”.

(5)

In section 15 of the 1993 Act (variation of supervised release order etc.), after subsection (5) there is inserted—

“(5A)

The unified citation provisions (as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46)) apply in relation to a citation under subsection (5) above as they apply in relation to a citation under section 216(3)(a) of that Act.”.

(6)

In section 18 of that Act (breach of supervised release order), after subsection (1) there is inserted—

“(1A)

The unified citation provisions (as defined by section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46)) apply in relation to a citation under subsection (1)(b) above as they apply in relation to a citation under section 216(3)(a) of that Act.”.