The Restriction of Liberty Order etc. (Scotland) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations principally regulate matters concerned with the provisions in the Criminal Procedure (Scotland) Act 1995 under which an offender’s movements may be restricted, and under which compliance with such restrictions may be monitored. The Regulations also regulate matters concerned with the provisions in the Children (Scotland) Act 1995 under which a children’s hearing can impose a movement restriction condition on a child.

Section 245A(8) of the Criminal Procedure (Scotland) Act 1995 confers power to prescribe various matters by regulations in relation to restriction of liberty orders, including the courts which may make such an order and the methods of monitoring compliance with such an order. Section 245A(8) is also applied by other provisions for the purpose of prescribing such matters in relation to a requirement restricting movement when imposed in a probation order or a drug treatment and testing order. Section 227ZJ(1) confers a corresponding power to prescribe the same matters in relation to restricted movement requirements.

Regulation 3 and Schedule 1 prescribe the courts that may impose such orders and requirements.

Regulation 4 prescribes the methods of monitoring compliance with such orders and requirements.

Section 245C(3) of the Criminal Procedure (Scotland) Act 1995 confers power to specify in regulations the devices that may be used for the purpose of remotely monitoring compliance with a restriction of liberty order. Section 245C(3) is also applied by other provisions for the purpose of specifying the devices that may be used for the purpose of remotely monitoring compliance with a requirement restricting movement when imposed in a probation order, a drug treatment and testing order, a restricted movement requirement, or a curfew condition imposed under section 12AA(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993. Section 70(14) of the Children (Scotland) Act 1995 confers power to specify in regulations the devices that may be used for the purpose of monitoring compliance with a movement restriction condition imposed on a child by a children’s hearing. Regulation 5 and Schedule 2 specify the devices that may be used for each of these purposes.

The Regulations revoke the Restriction of Liberty Order and Restricted Movement Requirement (Scotland) Regulations 2011.