Search Legislation

Community Justice (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 2

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Community Justice (Scotland) Act 2016, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2Interpretation of section 1S

This section has no associated Explanatory Notes

(1)In section 1—

  • bail conditions” means—

    (a)

    conditions imposed by courts in relation to grants of bail,

    (b)

    recognised EU supervision measures,

  • community disposals” means—

    (a)

    requirements for people to be supervised under orders of courts made in exercise of their criminal jurisdiction by virtue of any enactment,

    (b)

    community payback orders imposed under section 227A or 227M of the 1995 Act,

    (c)

    supervision and treatment orders made under section 57(2)(d) of the 1995 Act,

  • relevant general services” means services and support provided to people generally in relation to—

    (a)

    housing,

    (b)

    employment,

    (c)

    education,

    (d)

    children,

    (e)

    physical or mental health (including, in particular, alcohol and drug treatment services),

    (f)

    social welfare,

    (g)

    any other matter which does or may affect the likelihood of future offending by persons falling within section 1(3), (6) or (7),

  • post-release control requirements” means requirements for persons, following release from imprisonment or detention in a penal institution in consequence of conviction of offences, to be under supervision—

    (a)

    under any enactment, or

    (b)

    by the terms of—

    (i)

    an order or licence of the Scottish Ministers, or

    (ii)

    a condition or requirement imposed in pursuance of any enactment,

  • recognised EU supervision measure” means a measure imposed in another member State of the European Union which is recognised in Scotland (with or without adaptation) under Schedule 2 to the Mutual Recognition of Supervision Measures in the European Union (Scotland) Regulations 2014 (S.S.I. 2014/337).

(2)For the purposes of section 1(4)—

(a)an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law,

(b)a person is the subject of the making, in respect of an offence, of a relevant finding, if the person—

(i)is acquitted by reason of the special defence set out in section 51A of the 1995 Act,

(ii)is acquitted by reason of insanity,

(iii)is found by a court to be unfit for trial under section 53F of the 1995 Act but to have done the act or made the omission constituting the offence,

(iv)is found by a court to be under a disability but to have done the act or made the omission constituting the offence, or

(v)under the law of a country other than Scotland, is the subject of something which is equivalent to any of the things described in sub-paragraphs (i) to (iv),

(c)a person is given an alternative to prosecution in respect of an offence if the person—

(i)accepts, or is deemed to have accepted, a conditional offer in respect of the offence under section 302 of the 1995 Act,

(ii)accepts, or is deemed to have accepted, a compensation offer issued in respect of the offence under section 302A of the 1995 Act,

(iii)has a work order made against the person in respect of the offence under section 303ZA of the 1995 Act,

(iv)has accepted an offer made by the procurator fiscal in respect of the offence to undertake an activity or treatment or to receive services or do any other thing as an alternative to prosecution, or

(v)under the law of a country other than Scotland, is the subject of something which is equivalent to any of the things described in sub-paragraphs (i) to (iv).

(3)In this section, “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources