Probation progress review
12Probation progress review
1
The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.
2
After section 229 insert—
229AProbation progress review
1
A court may, in making a probation order, provide for the order to be reviewed at a hearing held for the purpose by the court.
2
The officer responsible for the probationer's supervision is, before the hearing, to make a report in writing to the court on the probationer's progress under the order.
3
The probationer must, and that officer may, attend the hearing.
4
The hearing may be held whether or not the prosecutor elects to attend.
5
Where the probationer fails to attend the hearing the court may issue a warrant for his arrest.
6
At the hearing the court, after considering the report made under subsection (2) above, may amend the probation order.
7
But before amending the order the court is to explain to the probationer, in ordinary language, the effect of making the amendment; and may proceed to make it only if the probationer expresses his willingness to comply with the requirements of the order as amended.
8
Sub-paragraph (2) of paragraph 3 of Schedule 6 to this Act applies to amending under subsection (6) above as that sub-paragraph applies to amending under sub-paragraph (1) of that paragraph.
9
At the hearing the court may provide for the order to be reviewed again at a subsequent hearing held for the purpose by the court; and subsections (2) to (8) above and this subsection apply in relation to a review under this subsection as they apply in relation to a review under subsection (1) above.
3
In section 232(2)
(powers of court where satisfied that a probationer has failed to comply with a requirement of his probation order), after the words “subsection (1) above” insert “
or of section 229A of this Act
”
.