Community Justice Scotland: developing and arranging services
I131Ability of Community Justice Scotland to develop and arrange services
1
The powers conferred on Community Justice Scotland by section 5 include, in particular, power to do any of the things mentioned in subsection (2) in pursuance of section 4(1)(c).
2
Those things are—
a
identifying a desirable service falling within subsection (3),
b
designing an appropriate model for the provision of such a service,
c
making arrangements for the provision of such a service,
d
encouraging or assisting, or acting in collaboration with, any of the community justice partners to do anything mentioned in paragraphs (a) to (c).
3
A service falls within this subsection if the service—
a
is provided to persons falling within section 1(3), (6) or (7) and involves managing or supporting them with a view to eliminating or reducing future offending by them, or
b
is provided to persons who are being released, having been convicted of offences and sentenced to imprisonment or detention in penal institutions, and involves preparing them for that release.
4
In subsection (3)(a), “supporting” has the same meaning as in section 1(1)(b).
5
A service referred to in subsection (2) may be for—
a
all of Scotland, or
b
the areas of particular local authorities.
6
Before exercising a power conferred by virtue of subsection (1), Community Justice Scotland must—
a
have regard to the desirability of—
i
services in a particular area being best suited to the needs of that area, and
ii
working in collaboration with others, where appropriate,
b
consult—
i
each of the community justice partners,
ii
such third sector bodies involved in community justice as it considers appropriate, and
iii
such other persons as it considers appropriate.
7
Subsection (6) does not apply where Community Justice Scotland is complying with a requirement under subsection (8).
8
Community Justice Scotland must comply with a requirement by the Scottish Ministers that it exercises a power conferred by virtue of subsection (1) in relation to a service of a particular description.
9
Before making a requirement under subsection (8), the Scottish Ministers must consult—
a
each of the other community justice partners,
b
such third sector bodies involved in community justice as they consider appropriate, and
c
such other persons as they consider appropriate.
10
Nothing in this section, or section 5, authorises Community Justice Scotland to provide a service falling within subsection (3) (either itself or in collaboration with others).
11
In this section—
a
the reference to identifying a service includes procuring and funding the identification of a service,
b
the reference to designing a service includes procuring and funding the design of a service.