Community Service by Offenders (Scotland) Act 1978

7 Requirement that probationer shall perform unpaid work

In each of sections 183 and 384 of the 1975 Act (probation)—

(a) in subsection (4) after the word " considers " there shall be inserted " (a) " and at the end of the subsection there shall be added the words " or (b) where the probation order is to include such a requirement as is mentioned in subsection (5A) below, conducive to securing or preventing the aforesaid matters ";

(b) after subsection (5) there shall be inserted the following subsection—

“(5A) Without prejudice to the generality of subsection (4) above, where a court which is considering making a probation order—

(a) is satisfied that the offender is of or over 16 years of age and has committed an offence punishable with imprisonment and that the conditions for the making of a community service order under the Community Service by Offenders (Scotland) Act 1978 specified in paragraphs (a) and (c) of section 1(2) of that Act have been met;

(b) has been notified by the Secretary of State that arrangements exist for persons who reside in the locality where the offender resides, or will be residing when the probation order comes into force, to perform unpaid work as a requirement of a probation order; and

(c) is satisfied that provision can be made under the arrangements mentioned in paragraph (b) above for the offender to perform unpaid work under the probation order,

it may include in the probation order, in addition to any other requirement, a requirement that the offender shall perform unpaid work for such number of hours (being in total not less than forty nor more than two hundred and forty) as may be specified in the probation order; and the said Act of 1978 shall apply to a probation order including such a requirement as it applies to a community service order, but as if—

(i) subsections (1), (2)(b) and (d) and (4)(b) of section 1 and sections 4 and 6 were omitted;

(ii) in section 1(5) for the words "subsection (1) above " there were substituted the words " subsection (5A) of section 183 or, as the case may be, 384 of the 1975 Act " ; and

(iii) any other necessary modifications were made.”;

(c) in subsection (6) for " or (5) " there shall be substituted " (5) or (5A) ".