Paragraph 5 I1
The order must not impose a locally based requirement unless it appears to the court 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 at the relevant time, and
provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” means any of the following—
an unpaid work requirement;
a F1probation requirement;
a programme requirement;
a mental health treatment requirement;
a drug rehabilitation requirement;
an alcohol treatment requirement;
an electronic compliance monitoring requirement.
Annotations
Textual amendments
- F1
Words in Sch. 11 para. 5(2)(b) substituted (1.10.2026) by Sentencing Act 2026 (c. 2), ss. 13(6)(a), 49(1); S.I. 2026/772, reg. 3(c) (as amended by S.I. 2026/948, reg. 2)
Commencement
- I1
Sch. 11 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Notes on Schedule 11
Modifications
- C1
Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
- C2
Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
- C3
Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)