Rule 20.23 Supervision default ordersF1

(1)

This rule applies where paragraph 8(2) or (4) of schedule 1 to the Crime (Sentences) Act 1997 (restricted transfers from England and Wales to Scotland) applies to a transfer to Scotland.

(2)

A supervision default order made under section F2256AC(4)(c) of the 2003 Act (breach of supervision requirements) is to be in Form 20.23–A.

(3)

An application under paragraph 10(1) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order) is to be in Form 20.23–B.

(4)

The citation of an offender to appear before the sheriff under the following enactments is to be in Form 20.23–C—

(a)

section 256AC(1)(a) of the 2003 Act;

(b)

section 256C(1)(a) of the 2003 Act;

(c)

paragraph 8(1)(a) of schedule 19A of the 2003 Act.

(5)

The citation of an offender to appear before the sheriff under paragraph 10(5) of schedule 19A of the 2003 Act (amendment or revocation of supervision default order: hearing) is to be in Form 20.23–D.

(6)

In this rule, “the 2003 Act” means the Criminal Justice Act 2003.

Annotations

Textual amendments

F1: Sch. 2 rule 20.23 inserted (31.10.2016) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (No. 3) (Supervision Default Orders) 2016 (S.S.I. 2016/300), paras. 1(2), 2(4)
F2: Word in Sch. 2 rule 20.23(2) substituted (29.5.2017) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Miscellaneous) 2017 (S.S.I. 2017/144), paras. 1(2), 2(7)

Notes on Chapter 20

Modifications

C1: Sch. 2 Ch. 20 continued (1.2.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2010 (S.S.I. 2010/418), paras. 1(3), 2(8)