The Community Orders (Coronavirus) (Scotland) Regulations 2021

Transitional provision: Alleged breach of Community Payback Order

This section has no associated Policy Notes

4.—(1) Paragraph (2) applies where—

(a)a relevant unpaid work or other activity requirement would be varied to the effect that regulation 2(5) applies,

(b)the court has issued a warrant or citation in accordance with section 227ZC(2) of the 1995 Act in respect of an alleged failure by the offender to comply with a requirement of a qualifying community payback order which includes that relevant unpaid work or other activity requirement, and

(c)the court has not yet determined in respect of that allegation, whether it is satisfied that the offender has failed without reasonable excuse to comply with a requirement of the qualifying community payback order which includes that relevant unpaid work or other activity requirement.

(2) The variation in accordance with regulation 2 is to be applied to that qualifying community payback order as it has effect after the court’s determination.