Criminal Justice (Scotland) Act 1995
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
40 Sentence for offence committed while subject to requirement to perform unpaid work.
(1) After subsection (2) of section 187 of the 1975 Act (commission of further offence while on probation) there shall be inserted the following subsections— (3) Where— (a) a court has, under section 183(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below, the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (4) The circumstances referred to in subsection (3) above are that the offence was committed— (a) during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and (b) in any place where the unpaid work was being or had previously been performed. (5) The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint. . (2) After subsection (2) of section 388 of that Act (commission of further offence while on probation) there shall be inserted the following subsections— (3) Where— (a) a court has, under section 384(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below, the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (4) The circumstances referred to in subsection (3) above are that the offence was committed— (a) during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and (b) in any place where the unpaid work was being or had previously been performed. (5) The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint. . (3) After section 5 of the Community Service by Offenders (Scotland) Act 1978 there shall be inserted the following section— Commission of offence while community service order in force. 5A (1) Where— (a) a court has made a community service order under section 1(1) of this Act in respect of an offender; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (2) below, the court which sentences him for that offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (2) The circumstances referred to in subsection (1) above are that the offence was committed— (a) during the period when the community service order was in force or within the period of three months following the expiry of that order; and (b) in any place where unpaid work under the order was being or had previously been performed. (3) The court shall not, under subsection (1) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (2) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint. .
40 Sentence for offence committed while subject to requirement to perform unpaid work.
(1) After subsection (2) of section 187 of the 1975 Act (commission of further offence while on probation) there shall be inserted the following subsections— (3) Where— (a) a court has, under section 183(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below, the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (4) The circumstances referred to in subsection (3) above are that the offence was committed— (a) during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and (b) in any place where the unpaid work was being or had previously been performed. (5) The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint. . (2) After subsection (2) of section 388 of that Act (commission of further offence while on probation) there shall be inserted the following subsections— (3) Where— (a) a court has, under section 384(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below, the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (4) The circumstances referred to in subsection (3) above are that the offence was committed— (a) during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and (b) in any place where the unpaid work was being or had previously been performed. (5) The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint. . (3) After section 5 of the Community Service by Offenders (Scotland) Act 1978 there shall be inserted the following section— Commission of offence while community service order in force. 5A (1) Where— (a) a court has made a community service order under section 1(1) of this Act in respect of an offender; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (2) below, the court which sentences him for that offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (2) The circumstances referred to in subsection (1) above are that the offence was committed— (a) during the period when the community service order was in force or within the period of three months following the expiry of that order; and (b) in any place where unpaid work under the order was being or had previously been performed. (3) The court shall not, under subsection (1) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (2) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint. .
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.