Paragraph 8 Variation and discharge of CCE prevention orders made in criminal proceedingsI1

Scotland Not yet in force

(1)

This paragraph applies where a person mentioned in sub-paragraph (2) applies to a relevant court for the variation or discharge of a CCE prevention order made in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.

(2)

The persons are—

(a)

the adult;

(b)

the Lord Advocate, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).

(3)

On the application, the court may (after hearing from the applicant and, if the other person mentioned in sub-paragraph (2) wishes to be heard, that person) make any order varying or discharging the order that the court considers appropriate.

This is subject to sub-paragraph (7).

(4)

The power to vary an order includes power to—

(a)

include an additional prohibition or requirement;

(b)

extend the period for which a prohibition or requirement has effect;

(c)

extend the period for which the order has effect.

(5)

The court may make provision of a kind mentioned in sub-paragraph (4) only if it considers that the provision is necessary to prevent the adult from engaging, or reduce the likelihood of the adult engaging, in child criminal exploitation.

(6)

Sub-paragraphs (3), (4) and (7) of paragraph 2 apply to additional prohibitions or requirements included on a variation of an order.

(7)

The court may not discharge an order before the end of the period of two years beginning with the day on which the order was made, without the consent of the adult and the Chief Constable of the Police Service of Scotland.

This sub-paragraph does not apply to an interim CCE prevention order.

(8)

In this paragraph “relevant court” means—

(a)

where the High Court made the order, that court;

(b)

where the sheriff made the order, the sheriff.

Annotations

Commencement

I1: Sch. 7 para. 8 not in force at Royal Assent, see s. 255(10)(c)