Serious Crime Act 2007
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Change 1
22C Powers of High Court of Justiciary and sheriff to vary or replace orders on breach
(1) Subsection (2) applies where— (a) the High Court of Justiciary (the “High Court”) is dealing with a person who— (i) has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order and has been remitted to the High Court to be dealt with, or (ii) has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order. (2) The High Court or (as the case may be) the sheriff may— (a) in the case of an order in Scotland; and (b) in addition to dealing with the person in relation to the offence; vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland. (3) An order may be varied or replaced under this section only on an application by the Lord Advocate. (4) A variation or new order must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person absolutely. (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)). (6) A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.
22C Powers of High Court of Justiciary and sheriff to vary or replace orders on breach
(1) Subsection (2) applies where— (a) the High Court of Justiciary (the “High Court”) is dealing with a person who— (i) has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order and has been remitted to the High Court to be dealt with, or (ii) has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or (b) the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order. (2) The High Court or (as the case may be) the sheriff may— (a) in the case of an order in Scotland; and (b) in addition to dealing with the person in relation to the offence; vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland. (3) An order may be varied or replaced under this section only on an application by the Lord Advocate. (4) A variation or new order must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person absolutely. (5) A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)). (6) A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.
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