Paragraph 5 F1

Scotland

(1)

This paragraph applies where the court—

(a)

imposes a community payback order by virtue of paragraph 1, or

(b)

varies a community payback order by virtue of paragraph 2.

(2)

The court must, in the order—

(a)

specify the relevant area in which the offender resides or will reside,

(b)

specify, in relation to each requirement imposed by the order, the requirement of the corresponding order which the court considers to be the same as or broadly similar to those imposed by the community payback order,

(c)

where—

(i)

the order imposes a restricted movement requirement, and

(ii)

a corresponding order imposing the same or broadly similar requirement would also impose an electronic monitoring requirement,

specify in accordance with sub-paragraph (3) the person responsible for monitoring compliance with the restricted movement requirement.

(3)

The person specified under sub-paragraph (2)(c) must be of a description specified in F2regulations made by the Secretary of State by virtue of paragraph 31(2) of Schedule 9 to the Sentencing Code.

(4)

The clerk of the court must ensure that a copy of the order, and such other documents and information relating to the case as may be useful, are given to—

(a)

F3... the home court,

(b)

the relevant service in the area in which the offender resides or will reside, and

(c)

if a person is specified under sub-paragraph (2)(c), that person.

(5)

Sections 227C and 227D(4)(a)(ii) and (b) of this Act do not apply in relation to a community payback order imposed by virtue of paragraph 1.

Annotations

Textual amendments

F1: Sch. 13 inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 6 (with art. 4(4))
F2: Words in Sch. 13 para. 5(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 133(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F3: Words in Sch. 13 para. 5(4)(a) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 18; S.I. 2020/24, reg. 3(b)