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(1)A person who is subject to a condition imposed under section 16(2) may apply to the sheriff to have the condition reviewed.
(2)Before disposing of an application under this section, the sheriff must give the procurator fiscal an opportunity to make representations.
(3)If the sheriff is not satisfied that the condition is necessary and proportionate for the purpose for which it was imposed, the sheriff may—
(a)remove the condition, or
(b)impose an alternative condition that the sheriff considers to be necessary and proportionate for that purpose.
(4)For the purposes of sections 17 and 18, a condition imposed by the sheriff under subsection (3)(b) is to be regarded as having been imposed under section 16(2).
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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