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Management of Offenders (Scotland) Act 2019

Notification, reports and addresses

215.Paragraph 4 inserts new section 245DA into the 1995 Act which provides that, where the court makes a listed order in relation to an offender in the knowledge that the offender is already subject to another of those listed orders, the clerk of court must inform the person responsible for monitoring compliance with the existing order as well as the local authority in which the offender resides. This obligation does not apply in relation to a CPO imposed for default in payment of a fine. The listed orders are a restriction of liberty order, a CPO and a drug treatment and testing order.

216.Paragraph 5 amends sections 227ZG(2), 227ZH(2), 245A(6) and 245E(4A) of the 1995 Act to specify that before imposing or varying a restricted movement requirement as part of a CPO, and before imposing or varying a restriction of liberty order, the report that the court is required to consider must be written, and must include information on the suitability of the proposed place at which the offender’s movements are to be restricted.

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