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Management of Offenders (Scotland) Act 2019

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This is the original version (as it was originally enacted).

1Requirement when disposing of case

This section has no associated Explanatory Notes

(1)When making a person subject to a disposal listed in section 3(2), a court may additionally require the person to submit to monitoring by means of an approved device.

(2)Section 8(1) describes what an approved device is in relation to a requirement under subsection (1).

(3)A requirement under subsection (1) means that the person—

(a)is to be monitored by a person designated under section 11(1)(a), and

(b)is bound by the obligations set out in section 12(2) and (3).

(4)Monitoring by virtue of a requirement under subsection (1) is for the purpose of ascertaining whether the person—

(a)is complying with the specified aspects of the disposal, and

(b)is fulfilling the obligations set out in section 12(2) and (3).

(5)The court must—

(a)explain to the person the purpose mentioned in subsection (4), and

(b)warn the person of the consequences of failing to fulfil the obligations set out in section 12(2) and (3).

(6)A requirement under subsection (1) is to be made by means of an order of the court (the form of which is to be prescribed by Act of Adjournal).

(7)In subsection (4)(a), the reference to the specified aspects is to the particular aspects specified by the court when disposing of the person’s case.

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