1(1)Where the court considering the making of a suspended sentence order [F1that imposes one or more community requirements] is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may not make [F2such] a suspended sentence order in respect of the offender unless it appears to the court—U.K.
(a)in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and
(b)in any case, that suitable arrangements for his supervision can be made by the local authority in whose area he resides, or will be residing when the order comes into force.
(2)The requirements referred to in sub-paragraph (1)(a) are—
(a)an unpaid work requirement,
[F3(b)a rehabilitation activity requirement,]
(c)a programme requirement,
(d)a mental health treatment requirement,
(e)a drug rehabilitation requirement,
(f)an alcohol treatment requirement, and
(g)an electronic monitoring requirement [F4within section 215(1)(a)] .
(3)Where—
(a)the appropriate court for the purposes of paragraph 14 of Schedule 12 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a suspended sentence order is in force proposes to reside or is residing in Scotland, and
(b)it appears to the court that the conditions in sub-paragraph (1)(a) and (b) are satisfied,
the power of the court to amend the order under Part 3 of Schedule 12 includes power to amend it by requiring it to be complied with in Scotland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).
(4)For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.
(5)The court may not by virtue of sub-paragraph (1) or (3) require [F5an alcohol abstinence and monitoring requirement or] an attendance centre requirement [F6, or an electronic monitoring requirement within section 215(1)(b),] to be complied with in Scotland.
(6)The court may not provide for an order made in accordance with this paragraph to be subject to review under section 191 or 210; and where an order which is subject to review under either of those sections is amended in accordance with this paragraph, the order shall cease to be so subject.
Textual Amendments
F1Words in Sch. 13 para. 1(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 12(2)(a) (with s. 68(7)); S.I. 2012/2906, art. 2(g)
F2Words in Sch. 13 para. 1(1) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 12(2)(b) (with s. 68(7)); S.I. 2012/2906, art. 2(g)
F3Sch. 13 para. 1(2)(b) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 5 para. 8(2) (with Sch. 7 para. 7); S.I. 2015/40, art. 2(v)
F4Words in Sch. 13 para. 1(2)(g) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(2); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)
F5Words in Sch. 13 para. 1(5) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(10)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2)
F6Words in Sch. 13 para. 1(5) inserted (17.10.2016 in relation to specified local justice areas until 30.6.2018) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 20(3); S.I. 2016/962, art. 2 (with arts. 3, 4) (as amended (9.10.2017) by S.I. 2017/976, art. 2)
Modifications etc. (not altering text)
C1Sch. 13 para. 1(1) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C2Sch. 13 para. 1(5)(6) modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 204(2), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I1Sch. 13 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 35 (subject to art. 2(2), Sch. 2)