52.Section 227Z sets out rules where a court proposes to vary, revoke or discharge a CPO. Subsection (2) provides that the court can only revoke, vary or discharge the order where it is in the interests of justice to do so, having regard to the circumstances which have arisen since the start of the order (except under (3) where the order is being varied as a result of a breach of the order). Subsection (4) and (5) set out the options available to the court in considering variation of the order. Subsections (6) provides that where the court proposes to extend the number of hours specified in an unpaid work or other activity requirement the new number of hours cannot be longer than the overall maximum period or limit allowable for such a requirement. Rules for calculating the maximum are set out in subsections (7) and (8) and are along the same lines as in 227N. Subsection (9) similarly places a limit on the amount by which a compensation requirement can be varied. Subsection (10) provides that where the court varies a restricted movement requirement, a copy of the variation order must be provided to the person responsible for monitoring the offender’s compliance. Subsection (11) allows the court when revoking an order to deal with the offender as it could if the order had not been made. This means that where the CPO was originally imposed at first instance as an alternative to imprisonment, the court can, after revoking the CPO, decide to impose a custodial sentence. Subsection (12) provides that where the court revokes a CPO which was imposed in respect of fine default the reference to the offence for which the order was imposed was a reference to the failure to pay a fine or fines for which the CPO was imposed. This means that in this case too the court will also have the option of imposing a custodial sentence after revoking the CPO. Where the court proposes to vary, revoke or discharge the order, other than on the application of the offender, subsection (13) provides that it must normally issue a citation requiring the offender to appear before the court (except where the offender is required to appear in connection with a progress review, or in connection with a breach of an order). Where the offender fails to appear as cited, subsection (14) allows a warrant for his/her arrest to be issued by the court. Subsection (15) defines the unified citation provisions.
Criminal Justice and Licensing (Scotland) Act 2010
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- Acts of the Scottish Parliament
- 2010 asp 13
- Explanatory Notes
- Commentary on Sections
- Part 1
- Section 14
- 52 Section 227Z sets out rules where a court proposes to vary, revoke or discharge a CPO. Subsection (2) provides that the court can only revoke, vary or discharge the order where it is in the interests of justice to do so, having regard to the circumstances which have arisen since the start of the order (except under (3) where the order is being varied as a result of a breach of the order). Subsection (4) and (5) set out the options available to the court in considering variation of the order. Subsections (6) provides that where the court proposes to extend the number of hours specified in an unpaid work or other activity requirement the new number of hours cannot be longer than the overall maximum period or limit allowable for such a requirement. Rules for calculating the maximum are set out in subsections (7) and (8) and are along the same lines as in 227N. Subsection (9) similarly places a limit on the amount by which a compensation requirement can be varied. Subsection (10) provides that where the court varies a restricted movement requirement, a copy of the variation order must be provided to the person responsible for monitoring the offender’s compliance. Subsection (11) allows the court when revoking an order to deal with the offender as it could if the order had not been made. This means that where the CPO was originally imposed at first instance as an alternative to imprisonment, the court can, after revoking the CPO, decide to impose a custodial sentence. Subsection (12) provides that where the court revokes a CPO which was imposed in respect of fine default the reference to the offence for which the order was imposed was a reference to the failure to pay a fine or fines for which the CPO was imposed. This means that in this case too the court will also have the option of imposing a custodial sentence after revoking the CPO. Where the court proposes to vary, revoke or discharge the order, other than on the application of the offender, subsection (13) provides that it must normally issue a citation requiring the offender to appear before the court (except where the offender is required to appear in connection with a progress review, or in connection with a breach of an order). Where the offender fails to appear as cited, subsection (14) allows a warrant for his/her arrest to be issued by the court. Subsection (15) defines the unified citation provisions.
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