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Paragraph 5 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The order must not impose a locally based requirement unless it appears to the court that—

(a)

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

(b)

provision can be made for the offender to comply with the requirement under those arrangements.

(2)

For the purposes of this paragraph, “locally based requirement” means any of the following—

(a)

an unpaid work requirement;

(b)

a F1probation requirement;

(c)

a programme requirement;

(d)

a mental health treatment requirement;

(e)

a drug rehabilitation requirement;

(f)

an alcohol treatment requirement;

(g)

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)