Explanatory Notes

Community Justice (Scotland) Act 2016

2016 asp 10

21 March 2016

Commentary on Sections

Section 1: Meaning of community justice

6.Section 1 provides a definition of “community justice” for the purposes of the Act. It provides that community justice is concerned with the following activities:

7.Section 1(2) clarifies what is meant by “supporting” and then goes on to set out the persons that fall within the definition of community justice, particularly subsections (3), (6) and (7). The persons that fall within subsection (3) are persons who have, anywhere in the world, been convicted of an offence, made the subject of a relevant finding (defined in section 2(2)(b)), given an alternative to prosecution or arrested on suspicion of having committed an offence. Persons who are the subject of a recognised EU supervision measure fall within subsection (6). Persons who are 16 or 17 years old and subject to a compulsory supervision order made by virtue of the ground in section 67(2)(j) of the Children’s Hearing (Scotland) Act 2011 (having committed an offence) fall within subsection (7).