Meaning of “community justice”

1Meaning of “community justice”

1

In this Act, “community justice” means—

a

giving effect to bail conditions, community disposals and post-release control requirements,

b

managing and supporting persons falling within subsection (3), (6) or (7) with a view to them not offending in future or, if that is not realistic, reducing future offending by them,

c

arranging relevant general services in ways which facilitate persons falling within subsection (3), (6) or (7) accessing and using them,

d

preparing persons who have been convicted of offences and sentenced to imprisonment or detention in penal institutions for release,

e

facilitating the provision of relevant general services which persons mentioned in paragraph (d) are likely to need immediately following their release.

2

In subsection (1)(b), “supporting” includes—

a

advising and guiding,

b

providing—

i

opportunities to participate in activities designed to eliminate or reduce future offending,

ii

emotional and practical support designed to eliminate or reduce future offending,

c

helping—

i

to access things falling with paragraph (b)(i) or (ii),

ii

to access and make use of relevant general services.

3

A person falls within this subsection if the person—

a

has, whether before or after this section comes into force, been the subject of an act mentioned in subsection (4), and

b

is not for the time being imprisoned or detained in a penal institution (whether in consequence of the act or otherwise).

4

The acts referred to in subsection (3)(a) are—

a

conviction for an offence,

b

the making, in respect of an offence, of a relevant finding (see section 2(2)(b)),

c

being given an alternative to prosecution in respect of an offence,

d

arrest on suspicion of having committed an offence by any person having power to do so in respect of the offence.

5

Subsection (4) includes acts occurring anywhere in the world.

6

A person falls within this subsection if the person is the subject of a recognised EU supervision measure.

7

A person falls within this subsection if the person—

a

is aged 16 or 17, and

b

is subject to a compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children's Hearings (Scotland) Act 2011.