After subsection (2) of section 187 of the 1975 Act (commission of further offence while on probation) there shall be inserted the following subsections—

“(3)

Where—

(a)

a court has, under section 183(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and

(b)

the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below,

the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances.

(4)

The circumstances referred to in subsection (3) above are that the offence was committed—

(a)

during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and

(b)

in any place where the unpaid work was being or had previously been performed.

(5)

The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.”.

After subsection (2) of section 388 of that Act (commission of further offence while on probation) there shall be inserted the following subsections—

“(3)

Where—

(a)

a court has, under section 384(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and

(b)

the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below,

the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances.

(4)

The circumstances referred to in subsection (3) above are that the offence was committed—

(a)

during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and

(b)

in any place where the unpaid work was being or had previously been performed.

(5)

The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.”.

After section 5 of the M1Community Service by Offenders (Scotland) Act 1978 there shall be inserted the following section—

“5A Commission of offence while community service order in force.

(1)

Where—

(a)

a court has made a community service order under section 1(1) of this Act in respect of an offender; and

(b)

the offender is convicted of an offence committed in the circumstances mentioned in subsection (2) below,

the court which sentences him for that offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances.

(2)

The circumstances referred to in subsection (1) above are that the offence was committed—

(a)

during the period when the community service order was in force or within the period of three months following the expiry of that order; and

(b)

in any place where unpaid work under the order was being or had previously been performed.

(3)

The court shall not, under subsection (1) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (2) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.”.