Management of Offenders (Scotland) Act 2019

Certain restrictive measures

2 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 227A, after paragraph (i) of subsection (2) there is inserted—

“(j) a restricted movement requirement.”.

(3) In section 227G—

(a) in subsection (2), in paragraph (b)—

(i) in sub-paragraph (iv), after the word “health” there is inserted “treatment”,

(ii) the word “or” immediately preceding sub-paragraph (vii) is repealed,

(iii) after sub-paragraph (vii) there is inserted “, or

(viii) a restricted movement requirement.”,

(b) in subsection (4), for the words “subsection (5) and section 227ZE(4)” there is substituted “subsections (4A) and (5)”,

(c) after subsection (4) there is inserted—

“(4A) Where an offender supervision requirement is imposed because of the imposition of a restricted movement requirement—

(a) the minimum period in subsection (3) does not apply,

(b) the court must ensure that the specified period does not expire before the expiry of the period during which the restricted movement requirement has effect by virtue of section 227ZF(5)(b).”.

(4) In section 227ZE—

(a) before subsection (1) there is inserted—

“(A1) Despite the generality of sections 227Z(2) and 227ZC(7)(d) for variation of a community payback order—

(a) a restricted movement requirement put or kept in the order must be accompanied in the order by an offender supervision requirement, and

(b) the court must ensure that the offender supervision requirement does not cease to have effect before the restricted movement requirement ceases to have effect.”,

(b) subsections (1) to (4) are repealed,

(c) in subsection (5)—

(i) for the words “varies the order” there is substituted “makes or varies a community payback order”,

(ii) for the words “the order making the variation” there is substituted “the order imposing the requirement”.

(5) In section 227ZF, in subsection (7)—

(a) in the opening text, for the words from “in the case of” to “requirement of” there is substituted “as follows in relation to”,

(b) in paragraph (a), at the beginning there is inserted “in the case of any restricted movement requirement imposed by the order,”,

(c) in paragraph (b), for the words “where the only requirement” there is substituted “in the case of a restricted movement requirement imposed under section 227ZC(7)(d), where the only requirement (apart from the restricted movement requirement)”.