Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Valid from 10/12/2007

Breach of post-conviction ordersS

57Probation and community service ordersS

(1)In section 232 (probation orders: failure to comply with requirement) of the 1995 Act—

(a)in subsection (1), for the words “information from” there is substituted “ the basis of a report made to it by ”,

(b)after subsection (1) there is inserted—

(1A)A copy of a report made under subsection (1) above shall be served on the probationer in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy..

(2)In section 239 (community service orders: requirements) of that Act—

(a)in subsection (4), for the words “information from” there is substituted “ the basis of a report made to it by ”,

(b)after subsection (4) there is inserted—

(4ZA)A copy of a report made under subsection (4) above shall be served on the offender in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy..

58Restriction of liberty ordersS

In section 245F (breach of restriction of liberty order) of the 1995 Act, after subsection (2) there is inserted—

(2A)For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence..

Commencement Information

I1S. 58 wholly in force at 10.12.2007, see s. 84 and S.S.I. 2007/479. {art. 3}, Sch. (subject to savings in art. 13)