Law

Criminal Procedure (Scotland) Act 1995

United Kingdom · statute

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In force since 2026-11-02, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 769 provisions
  1. Title and introductory text
  2. 1 Judges in the High Court.
  3. 2 Fixing of High Court sittings.
  4. 3 Jurisdiction and powers of solemn courts.
  5. 4 Territorial jurisdiction of sheriff.
  6. 5 The sheriff: summary jurisdiction and powers.
  7. 5B National jurisdiction for callings of custody cases in a sheriff court
  8. 5C National jurisdiction for cases in a sheriff court after failure to appear
  9. 5D Further provision about national jurisdiction of sheriff courts
  10. 5E Interpretation of sections 5B to 5D
  11. 6 JP courts: constitution and prosecutor.
  12. 7 JP courts: jurisdiction and powers.
  13. 7A National jurisdiction for callings of custody cases in a JP court
  14. 7B National jurisdiction for cases in a JP court after failure to appear
  15. 7C Further provision about national jurisdiction of JP courts
  16. 7D Interpretation of sections 7A to 7C
  17. 8 Sittings of sheriff and JP courts.
  18. 9 Boundaries of jurisdiction.
  19. 9A Competence of justice's actings outwith jurisdiction
  20. 10 Crimes committed in different districts.
  21. 10A Jurisdiction for transferred cases
  22. 11 Certain offences committed outside Scotland.
  23. 11A Conspiracy to commit offences outwith Scotland
  24. 12 Instructions by Lord Advocate as to reporting of offences.
  25. 13 Powers relating to suspects and potential witnesses.
  26. 14 Detention and questioning at police station.
  27. 14A Extension of period of detention under section 14
  28. 14B Extension under section 14A: procedure
  29. 15 Right of persons arrested or detained to have intimation sent to another person
  30. 15A Right of suspects to have access to a solicitor
  31. 16 Drunken persons: power to take to designated place.
  32. 17 Right of accused to have access to solicitor.
  33. 17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest
  34. 18 Prints, samples etc. in criminal investigations.
  35. 18A Retention of samples etc. : prosecutions for sexual and violent offences
  36. 18B Retention of samples etc. where offer under sections 302 to 303ZA accepted
  37. 18C Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences
  38. 18D Retention of samples etc. taken or provided in connection with certain fixed penalty offences
  39. 18E Retention of samples etc.: children referred to children's hearings
  40. 18F Retention of samples etc. relating to children: appeals
  41. 18G Retention of samples etc: national security
  42. 18GA Retention of further fingerprints
  43. 18H Retention of samples etc.: extradition
  44. 19 Prints, samples etc. in criminal investigations: supplementary provisions.
  45. 19A Samples etc. from persons convicted of sexual and violent offences.
  46. 19AA Samples etc. from sex offenders
  47. 19AB Section 19AA: supplementary provision in sexual risk order cases
  48. 19B Power of constable in obtaining relevant physical data etc.
  49. 19C Sections 18 and 19 to 19AA: use of samples etc.
  50. 20 Use of prints, samples etc.
  51. 20A Arrested persons: testing for certain Class A drugs
  52. 20B Section 20A: supplementary
  53. 21 Schedule 1 offences: power of constable to take offender into custody.
  54. 22 Liberation by police.
  55. 22ZA Offences where undertaking breached
  56. 22ZB Evidential and procedural provision
  57. 22A Consideration of bail on first appearance
  58. 23 Bail applications.
  59. 23A Bail and liberation where person already in custody
  60. 23B Entitlement to bail and the court's function
  61. 23C Grounds relevant as to question of bail
  62. 23D Restriction on bail in certain solemn cases
  63. 24 Bail and bail conditions.
  64. 24A Bail conditions: remote monitoring of restrictions on movements
  65. 24B Regulations as to power to impose remote monitoring requirements under section 24A
  66. 24C Monitoring of compliance in pursuance of requirements imposed under section 24A
  67. 24D Remote monitoring
  68. 24E Documentary evidence in proceedings for breach of bail conditions being remotely monitored
  69. 24F Bail: extradition proceedings
  70. 25 Bail conditions: supplementary.
  71. 25A Failure to accept conditions of bail under section 65(8C): continued detention of accused
  72. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 27 Breach of bail conditions: offences.
  74. 28 Breach of bail conditions: arrest of offender, etc.
  75. 28A Application of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28
  76. 29 Bail: monetary conditions.
  77. 30 Bail review.
  78. 31 Bail review on prosecutor’s application.
  79. 32 Bail appeal.
  80. 32A Bail after conviction: prosecutor's attitude
  81. 33 Bail: no fees exigible.
  82. 34 Petition for warrant.
  83. 34A Petition proceedings outwith sheriffdom
  84. 35 Judicial examination.
  85. 36 Judicial examination: questioning by prosecutor.
  86. 37 Judicial examination: record of proceedings.
  87. 38 Judicial examination: rectification of record of proceedings.
  88. 39 Judicial examination: charges arising in different districts.
  89. 40 Committal until liberated in due course of law.
  90. 41 Age of criminal responsibility
  91. 41A Prosecution of children under 12
  92. 42 Prosecution of children.
  93. 43 Arrangements where children arrested.
  94. 44 Detention of children.
  95. 44A Appeal against detention in secure accommodation
  96. 45 Security for child’s good behaviour.
  97. 46 Presumption and determination of age of child.
  98. 47 Restriction on report of proceedings involving children.
  99. 48 Power to refer certain children to reporter.
  100. 49 Reference or remit to children’s hearing.
  101. 50 Children and certain proceedings.
  102. 51 Remand and committal of children and young persons.
  103. 51A Criminal responsibility of persons with mental disorder
  104. 51B Diminished responsibility
  105. 52 Power of court to commit to hospital an accused suffering from mental disorder.
  106. 52A Remit of certain mentally disordered persons from district court to sheriff court
  107. 52B Prosecutor’s power to apply for assessment order
  108. 52C Scottish Ministers' power to apply for assessment order
  109. 52D Assessment order
  110. 52E Assessment order made ex proprio motu: application of section 52D
  111. 52F Assessment order: supplementary
  112. 52G Review of assessment order
  113. 52H Early termination of assessment order
  114. 52J Power of court on assessment order ceasing to have effect
  115. 52K Prosecutor’s power to apply for treatment order
  116. 52L Scottish Ministers' power to apply for treatment order
  117. 52M Treatment order
  118. 52N Treatment order made ex proprio motu: application of section 52M
  119. 52P Treatment order: supplementary
  120. 52Q Review of treatment order
  121. 52R Termination of treatment order
  122. 52S Power of court on treatment order ceasing to have effect
  123. 52T Prevention of delay in trials: assessment orders and treatment orders
  124. 52U Effect of assessment order and treatment order on pre-existing mental health order
  125. 53 Interim compulsion order.
  126. 53A Interim compulsion order: supplementary
  127. 53B Review and extension of interim compulsion order
  128. 53C Early termination of interim compulsion order
  129. 53D Power of court on interim compulsion order ceasing to have effect
  130. 53E Acquittal involving mental disorder
  131. 53F Unfitness for trial
  132. 54 Unfitness for trial: further provision .
  133. 55 Examination of facts.
  134. 56 Examination of facts: supplementary provisions.
  135. 57 Disposal of case where accused found not criminally responsible or unfit for trial.
  136. 57A Compulsion order
  137. 57B Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision
  138. 57C Mental health officer’s report
  139. 57D Compulsion order: supplementary
  140. 58 Order for hospital admission or guardianship.
  141. 58A Application of Adults with Incapacity (Scotland) Act 2000
  142. 59 Hospital orders: restrictions on discharge.
  143. 59A Hospital direction
  144. 59B Hospital direction: mental health officer’s report
  145. 59C Hospital direction: supplementary
  146. 60 Appeals against hospital orders.
  147. 60A Appeal by prosecutor against hospital orders etc.
  148. 60B Intervention orders
  149. 60C Acquitted persons: detention for medical examination
  150. 60D Notification of detention under section 60C
  151. 61 Requirements as to medical evidence.
  152. 61A Transfer of person to suitable hospital
  153. 61B Specification of hospital unit
  154. 62 Appeal by accused not criminally responsible or unfit for trial .
  155. 63 Appeal by prosecutor where accused found not criminally responsible or unfit for trial.
  156. 64 Prosecution on indictment.
  157. 65 Prevention of delay in trials.
  158. 66 Service and lodging of indictment, etc.
  159. 67 Witnesses.
  160. 67A Failure of witness to attend for, or give evidence on, precognition.
  161. 68 Productions.
  162. 69 Notice of previous convictions.
  163. 70 Proceedings against organisations.
  164. 70A Defence statements
  165. 70B Solemn proceedings against children
  166. 71 First diet.
  167. 71A Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence
  168. 71B First diet: appointment of trial diet
  169. 71C Written record of state of preparation: sheriff court
  170. 72 Preliminary hearing: procedure up to appointment of trial diet
  171. 72A Preliminary hearing: appointment of trial diet
  172. 72B Power to dispense with preliminary hearing
  173. 72C Procedure where preliminary hearing does not proceed
  174. 72D Preliminary hearing: further provision
  175. 72E Written record of state of preparation in certain cases
  176. 72F Engagement, dismissal and withdrawal of solicitor representing accused
  177. 72G Service etc. on accused through a solicitor
  178. 73 Preliminary diet: procedure.
  179. 74 Appeals in connection with preliminary diets.
  180. 75 Computation of certain periods.
  181. 75A Adjournment and alteration of diets
  182. 75B Refixing diets: non-sitting days
  183. 75C Refixing diets: non-suitable days
  184. 76 Procedure where accused desires to plead guilty.
  185. 77 Plea of guilty.
  186. 78 Special defences, incrimination and notice of witnesses, etc.
  187. 79 Preliminary pleas and preliminary issues.
  188. 79A Objections to admissibility of evidence raised after first diet or preliminary hearing
  189. 80 Alteration and postponement of trial diet.
  190. 81 Procedure where trial diet does not proceed.
  191. 82 Desertion or postponement where accused in custody.
  192. 83 Transfer of sheriff court solemn proceedings.
  193. 83ZA Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal
  194. 83A Continuation of trial diet in the High Court
  195. 83B Continuation of trial diet in the sheriff court
  196. 84 Juries: returns of jurors and preparation of lists.
  197. 85 Juries: citation and attendance of jurors.
  198. 86 Jurors: excusal and objections.
  199. 87 Non-availability of judge.
  200. 87A Disposal of preliminary matters at trial diet
  201. 88 Plea of not guilty, balloting and swearing of jury, etc.
  202. 88A Communication supporters for jurors
  203. 89 Jury to be informed of special defence.
  204. 90 Effect of death or discharge of jurors
  205. 90A Apprehension of witnesses in proceedings on indictment
  206. 90B Orders in respect of witnesses apprehended under section 90A
  207. 90C Breach of bail under section 90B(1)(b)
  208. 90D Review of orders under section 90B(1)(a) or (b)
  209. 90E Appeals in respect of orders under section 90B(1)
  210. 91 Trial to be continuous.
  211. 92 Trial in presence of accused.
  212. 93 Record of trial.
  213. 94 Transcripts of record and documentary productions.
  214. 95 Verdict by judge alone.
  215. 96 Amendment of indictment.
  216. 97 No case to answer.
  217. 97A Submissions as to sufficiency of evidence
  218. 97B Acquittals etc. on section 97A(2)(a) submissions
  219. 97C Directions etc. on section 97A(2)(b) submissions
  220. 97D No acquittal on “no reasonable jury” grounds
  221. 98 Defence to speak last.
  222. 99 Seclusion of jury to consider verdict.
  223. 99A Verdict of guilty or not guilty and majority for guilty verdict
  224. 100 Delivery of jury verdict
  225. 101 Previous convictions: solemn proceedings.
  226. 101A Post-offence convictions etc.
  227. 102 Interruption of trial for other proceedings.
  228. 102A Failure of accused to appear
  229. 103 Appeal sittings.
  230. 104 Power of High Court in appeals.
  231. 105 Appeal against refusal of application.
  232. 105A Appeal against granting of application
  233. 106 Right of appeal.
  234. 106A Appeal against automatic sentences where earlier conviction quashed.
  235. 107 Leave to appeal.
  236. 107A Prosecutor's right of appeal: decisions on section 97 and 97A submissions
  237. 107B Prosecutor's right of appeal: decisions on admissibility of evidence
  238. 107C Appeals under section 107A and 107B: general provisions
  239. 107D Expedited appeals
  240. 107E Other appeals under section 107A: appeal against acquittal
  241. 107F Other appeals under section 107A or 107B: appeal against directions etc.
  242. 108 Lord Advocate’s right of appeal against disposal.
  243. 108A Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.
  244. 109 Intimation of intention to appeal.
  245. 110 Note of appeal.
  246. 111 Provisions supplementary to sections 109 and 110.
  247. 112 Admission of appellant to bail.
  248. 113 Judge’s report.
  249. 113A Judge's observations in expedited appeal
  250. 114 Applications made orally or in writing.
  251. 115 Presentation of appeal in writing.
  252. 116 Abandonment of appeal.
  253. 117 Presence of appellant or applicant at hearing.
  254. 118 Disposal of appeals.
  255. 119 Provision where High Court authorises new prosecution.
  256. 120 Appeals: supplementary provisions.
  257. 121 Suspension of disqualification, forfeiture, etc.
  258. 121A Suspension of certain sentences pending determination of appeal.
  259. 122 Fines and caution.
  260. 123 Lord Advocate’s reference.
  261. 124 Finality of proceedings and Secretary of State’s reference.
  262. 125 Reckoning of time spent pending appeal.
  263. 126 Extract convictions.
  264. 127 Forms in relation to appeals.
  265. 128 Fees and expenses.
  266. 129 Non-compliance with certain provisions may be waived.
  267. 130 Bill of suspension not competent.
  268. 130A Bill of advocation not competent in respect of certain decisions
  269. 131 Prosecution appeal by bill of advocation.
  270. 132 Interpretation of Part VIII.
  271. 133 Application of Part IX of Act.
  272. 134 Incidental applications.
  273. 135 Warrants of apprehension and search.
  274. 136 Time limit for certain offences.
  275. 136A Time limits for transferred and related cases
  276. 136B Time limits where fixed penalty offer etc. made
  277. 137 Alteration of diets.
  278. 137ZA Refixing diets: non-sitting days
  279. 137ZB Refixing diets: non-suitable days
  280. 137A Transfer of sheriff court summary proceedings within sheriffdom
  281. 137AA Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal
  282. 137B Transfer of sheriff court summary proceedings outwith sheriffdom
  283. 137C Custody cases: initiating proceedings outwith sheriffdom
  284. 137CA Transfer of JP court proceedings within sheriffdom
  285. 137CB Transfer of JP court proceedings outwith sheriffdom
  286. 137CC Custody cases: initiating JP court proceedings outwith sheriffdom
  287. 137D Transfer of JP court proceedings to the sheriff court
  288. 138 Complaints.
  289. 139 Complaints: orders and warrants.
  290. 140 Citation.
  291. 141 Manner of citation.
  292. 142 Summary proceedings against children.
  293. 142A Summary proceedings where child accused along with an adult
  294. 143 Prosecution of companies, etc.
  295. 144 Procedure at first diet.
  296. 145 Adjournment for inquiry at first calling.
  297. 145ZA Adjournment where assessment order made at first calling
  298. 145A Adjournment at first calling to allow accused to appear etc.
  299. 146 Plea of not guilty.
  300. 147 Prevention of delay in trials.
  301. 148 Intermediate diet.
  302. 148A Interim diet required in certain sexual or domestic abuse cases
  303. 148B Pre-trial procedure in sheriff court where no intermediate diet is fixed
  304. 148C Engagement, dismissal and withdrawal of solicitor representing accused
  305. 148D Service etc. on accused through a solicitor
  306. 149 Alibi.
  307. 149A Notice of defence plea of consent
  308. 149B Notice of defences
  309. 150 Failure of accused to appear.
  310. 150A Proceedings in absence of accused
  311. 151 Death, illness or absence of judge.
  312. 152 Desertion of diet.
  313. 152A Complaints triable together
  314. 153 Trial in presence of accused.
  315. 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  316. 155 Punishment of witness for contempt.
  317. 156 Apprehension of witness.
  318. 156A Orders in respect of witnesses apprehended under section 156
  319. 156B Breach of bail under section 156A(1)(b)
  320. 156C Review of orders under section 156A(1)(a) or (b)
  321. 156D Appeals in respect of orders under section 156A(1)
  322. 157 Record of proceedings.
  323. 158 Interruption of summary proceedings for verdict in earlier trial.
  324. 159 Amendment of complaint.
  325. 160 No case to answer.
  326. 161 Defence to speak last.
  327. 161A Verdict of guilty or not guilty
  328. 162 Judges equally divided.
  329. 163 Conviction: miscellaneous provisions.
  330. 164 Conviction of part of charge.
  331. 165 “Conviction” and “sentence” not to be used for children.
  332. 166 Previous convictions: summary proceedings
  333. 166A Post-offence convictions etc.
  334. 166B Charges which disclose convictions
  335. 167 Forms of finding and sentence.
  336. 168 Caution.
  337. 169 Detention in precincts of court.
  338. 170 Damages in respect of summary proceedings.
  339. 171 Recovery of penalties.
  340. 172 Forms of procedure.
  341. 173 Quorum of Sheriff Appeal Court in relation to appeals.
  342. 174 Appeals relating to preliminary pleas.
  343. 175 Right of appeal.
  344. 175A Power to refer points of law for the opinion of the High Court
  345. 176 Stated case: manner and time of appeal.
  346. 176A Application of section 176 in relation to certain appeals
  347. 177 Procedure where appellant in custody.
  348. 178 Stated case: preparation of draft.
  349. 179 Stated case: adjustment and signature.
  350. 180 Leave to appeal against conviction etc.
  351. 181 Stated case: directions by Sheriff Appeal Court.
  352. 182 Stated case: hearing of appeal.
  353. 183 Stated case: disposal of appeal.
  354. 184 Abandonment of appeal.
  355. 185 Authorisation of new prosecution.
  356. 186 Appeals against sentence only.
  357. 187 Leave to appeal against sentence.
  358. 188 Setting aside conviction or sentence: prosecutor’s consent or application.
  359. 189 Disposal of appeal against sentence.
  360. 190 Disposal of appeal where appellant not criminally responsible.
  361. 191 Appeal by suspension or advocation on ground of miscarriage of justice.
  362. 191A Time limit for lodging bills of advocation and bills of suspension
  363. 191B Bill of advocation not competent in respect of certain decisions
  364. 192 Appeals: miscellaneous provisions.
  365. 193 Suspension of disqualification, forfeiture etc.
  366. 193A Suspension of certain sentences pending determination of appeal.
  367. 194 Computation of time.
  368. 194ZB Appeal from the Sheriff Appeal Court
  369. 194ZC Appeals: applications and procedure
  370. 194ZD Application for permission for appeal: determination by single judge
  371. 194ZE Further application for permission where single judge refuses permission
  372. 194ZF Applications for permission: further provision
  373. 194ZG Restriction of grounds of appeal
  374. 194ZH Disposal of appeals
  375. 194ZI Procedure where appellant in custody
  376. 194ZJ Abandonment of appeal
  377. 194ZK Finality of proceedings
  378. 194ZL Computation of time
  379. 194A Scottish Criminal Cases Review Commission.
  380. 194B References by the Commission
  381. 194C Grounds for reference.
  382. 194D Further provision as to references.
  383. 194DA High Court's power to reject a reference made by the Commission
  384. 194E Extension of Commission’s remit to summary cases.
  385. 194F Further powers.
  386. 194G Supplementary provision.
  387. 194H Power to request precognition on oath.
  388. 194I Power to obtain documents etc.
  389. 194IA Power to request assistance in obtaining information abroad
  390. 194J Offence of disclosure.
  391. 194K Exceptions from obligations of non-disclosure.
  392. 194L Consent to disclosure.
  393. 194M Further exception to section 194J
  394. 194N Effect of the exception
  395. 194O Notification and representations etc.
  396. 194P Consent if UK interest
  397. 194Q Consent if foreign interest
  398. 194R Designated foreign authority
  399. 194S Disapplication of sections 194O to 194R
  400. 194T Final disclosure-related matters
  401. 195 Remit to High Court for sentence.
  402. 196 Sentence following guilty plea.
  403. 197 Sentencing guidelines.
  404. 198 Form of sentence.
  405. 199 Power to mitigate penalties.
  406. 200 Remand for inquiry into physical or mental condition.
  407. 201 Power of court to adjourn case before sentence.
  408. 202 Deferred sentence.
  409. 203 Reports.
  410. 203A Reports about organisations
  411. 204 Restrictions on passing sentence of imprisonment or detention.
  412. 204A Restriction on consecutive sentences for released prisoners.
  413. 204B Consecutive sentences: life prisoners etc.
  414. 205 Punishment for murder.
  415. 205ZA Serious terrorism sentence
  416. 205ZB Minimum punishment part where life sentence imposed for serious terrorism offence
  417. 205ZC ... Sentence with fixed licence period
  418. 205B Minimum sentence for third conviction of certain offences relating to drug trafficking.
  419. 205C Meaning of “conviction” for purposes of sections 205A and 205B.
  420. 205D Only one sentence of imprisonment for life to be imposed in any proceedings
  421. 206 Minimum periods of imprisonment.
  422. 207 Detention of young offenders.
  423. 208 Detention of children convicted on indictment.
  424. 208A Detention of children under sections 205(2) and 208(1)
  425. 209 Supervised release orders.
  426. 210 Consideration of time spent in custody.
  427. 210ZA Consideration of time spent on electronically monitored bail
  428. 210A Extended sentences for sex, violent and terrorist offenders.
  429. 210AA Extended sentences for certain other offenders
  430. 210AB Particular factor as to victim safety
  431. 210B Risk assessment order
  432. 210C Risk assessment report
  433. 210D Interim hospital order and assessment of risk
  434. 210E The risk criteria
  435. 210EA Application of certain sections of this Act to proceedings under section 210C(7)
  436. 210F Order for lifelong restriction or compulsion order
  437. 210G Disposal of case where certain orders not made
  438. 210H Report of judge
  439. 211 Fines.
  440. 212 Fines in summary proceedings.
  441. 213 Remission of fines.
  442. 214 Fines: time for payment and payment by instalments.
  443. 215 Application for further time to pay fine.
  444. 216 Fines: restriction on imprisonment for default.
  445. 217 Fines: supervision pending payment.
  446. 218 Fines: supplementary provisions as to payment.
  447. 219 Fines: periods of imprisonment for non-payment.
  448. 220 Fines: part payment by prisoners.
  449. 221 Fines: recovery by civil diligence.
  450. 222 Transfer of fine orders.
  451. 223 Transfer of fines: procedure for clerk of court.
  452. 223A Recognition of financial penalties: requests to other member States
  453. 223B Requests to other member States: procedure on issue of certificate
  454. 223C Requests to other member States: application of provisions relating to fines
  455. 223D Requests to other member States: application of provisions relating to compensation orders
  456. 223E Requests to other member States: application of provisions relating to fixed penalties
  457. 223F Recognition of financial penalties: requests from other member States
  458. 223FA Requests from other member States: procedure where no certificate
  459. 223G Requests from other member States: return of certificate
  460. 223H Requests from other member States: procedure on receipt of certificate
  461. 223I Requests from other member States: action undertaken under certificate
  462. 223J Requests from other member States: application of provisions in relation to fines
  463. 223K Requests from other member States: supplementary provisions in relation to fines
  464. 223L Requests from other member States: action for enforcement where financial penalty not recovered
  465. 223M Requests from other member States: application of provisions relating to orders for compensation
  466. 223N Requests from other member States: supplementary provisions in relation to orders for compensation
  467. 223O Requests from other member States: application of provisions relating to fixed penalties
  468. 223P Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland
  469. 223Q The competent authority for Scotland
  470. 223R Accrual of monies obtained from the enforcement of financial penalties
  471. 223S Treatment of compensation monies
  472. 223T Interpretation of sections 223A to 223S
  473. 224 Discharge from imprisonment to be specified.
  474. 225 Penalties: standard scale, prescribed sum and uprating.
  475. 226 Penalties: exceptionally high maximum fines.
  476. 226A Fines enforcement officers
  477. 226B Enforcement orders
  478. 226C Variation for further time to pay
  479. 226D Seizure of vehicles
  480. 226E Deduction from benefits
  481. 226F Powers of diligence
  482. 226G Reference of case to court
  483. 226H Review of actions of FEO
  484. 226HA Judicial co-operation in criminal matters: mutual recognition of financial penalties: requests to other member States
  485. 226I Enforcement of fines etc.: interpretation
  486. 227 Caution.
  487. 227A Community payback orders
  488. 227B Community payback order: procedure prior to imposition
  489. 227C Community payback order: responsible officer
  490. 227D Community payback order: further provision
  491. 227E Requirement to avoid conflict with religious beliefs, work etc.
  492. 227F Payment of offenders' travelling and other expenses
  493. 227G Offender supervision requirement
  494. 227H Compensation requirement
  495. 227I Unpaid work or other activity requirement
  496. 227J Unpaid work or other activity requirement: further provision
  497. 227K Allocation of hours between unpaid work and other activity
  498. 227L Time limit for completion of unpaid work or other activity
  499. 227M Fine defaulters
  500. 227N Offenders subject to more than one unpaid work or other activity requirement
  501. 227O Rules about unpaid work and other activity
  502. 227P Programme requirement
  503. 227Q Residence requirement
  504. 227R Mental health treatment requirement
  505. 227S Mental health treatment requirements: medical evidence
  506. 227T Power to change treatment
  507. 227U Drug treatment requirement
  508. 227V Alcohol treatment requirement
  509. 227W Conduct requirement
  510. 227X Periodic review of community payback orders
  511. 227Y Applications to vary, revoke and discharge community payback orders
  512. 227Z Variation, revocation and discharge: court's powers
  513. 227ZA Variation of community payback orders: further provision
  514. 227ZB Change of offender's residence to new local authority area
  515. 227ZC Breach of community payback order
  516. 227ZD Breach of community payback order: further provision
  517. 227ZE Restricted movement requirement : rules
  518. 227ZF Restricted movement requirement: effect
  519. 227ZG Restricted movement requirements: further provision
  520. 227ZH Variation of restricted movement requirement
  521. 227ZI Remote monitoring
  522. 227ZJ Restricted movement requirements: Scottish Ministers' functions
  523. 227ZK Documentary evidence in proceedings for breach of restricted movement requirement
  524. 227ZL Local authorities: annual consultations about unpaid work
  525. 227ZM Annual reports on community payback orders
  526. 227ZN Meaning of “the appropriate court”
  527. 227ZO Community payback orders: persons residing in England and Wales or Northern Ireland
  528. 228 Probation orders.
  529. 229 Probation orders: additional requirements.
  530. 229A Probation progress review
  531. 230 Probation orders: requirement of treatment for mental condition.
  532. 230A Requirement for remote monitoring in probation order
  533. 231 Probation orders: amendment and discharge.
  534. 232 Probation orders: failure to comply with requirement.
  535. 233 Probation orders: commission of further offence.
  536. 234 Probation orders: persons residing in England and Wales.
  537. 234A Non-harassment orders.
  538. 234AZA Non-harassment orders: consideration by court in certain cases
  539. 234AA Antisocial behaviour orders
  540. 234AB Antisocial behaviour orders: notification
  541. 234B Drug treatment and testing order.
  542. 234C Requirements and provisions of drug treatment and testing orders.
  543. 234CA Requirement for ... monitoring in drug treatment and testing order
  544. 234D Procedural matters relating to drug treatment and testing orders.
  545. 234E Amendment of drug treatment and testing order.
  546. 234F Periodic review of drug treatment and testing order.
  547. 234G Breach of drug treatment testing order.
  548. 234H Disposal on revocation of drugs treatment and testing order.
  549. 234J Concurrent drug treatment and testing and probation orders.
  550. 234K Drug treatment and testing orders: interpretation.
  551. 235 Supervised attendance orders.
  552. 236 Supervised attendance orders in place of fines for 16 and 17 year olds.
  553. 237 Supervised attendance orders where court allows further time to pay fine.
  554. 238 Community service orders.
  555. 239 Community service orders: requirements.
  556. 240 Community service orders: amendment and revocation etc.
  557. 241 Community service order: commission of offence while order in force.
  558. 242 Community service orders: persons residing in England and Wales.
  559. 243 Community service orders: persons residing in Northern Ireland.
  560. 244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.
  561. 245 Community service orders: rules, annual report and interpretation.
  562. 245A Restriction of liberty orders.
  563. 245B Monitoring of restriction of liberty orders.
  564. 245C Remote monitoring.
  565. 245D Combination of restriction of liberty order with other orders.
  566. 245DA Further provision about multiple orders
  567. 245E Variation of restriction of liberty order.
  568. 245F Breach of restriction of liberty order.
  569. 245G Disposal on revocation of restriction of liberty order.
  570. 245H Documentary evidence in proceedings under section 245F.
  571. 245I Procedure on variation or revocation of restriction of liberty order.
  572. 245J Breach of certain orders: adjourning hearing and remanding in custody etc.
  573. 245K Community reparation orders
  574. 245L Community reparation order: notification
  575. 245M Failure to comply with community reparation order: extension of 12 month period
  576. 245N Failure to comply with community reparation order: powers of court
  577. 245P Extension, variation and revocation of order
  578. 245Q Sections 245L, 245N and 245P: meaning of “appropriate court”
  579. 246 Admonition and absolute discharge.
  580. 247 Effect of probation and absolute discharge.
  581. 248 Disqualification where vehicle used to commit offence.
  582. 248A General power to disqualify offenders.
  583. 248B Power to disqualify fine defaulters.
  584. 248C Application of sections 248A and 248B.
  585. 248D Extension of disqualification where sentence of imprisonment also imposed
  586. 248E Effect of sentence of imprisonment in other cases
  587. 249 Compensation order against convicted person.
  588. 250 Compensation orders: supplementary provisions.
  589. 251 Review of compensation order.
  590. 252 Enforcement of compensation orders: application of provisions relating to fines.
  591. 253 Effect of compensation order on subsequent award of damages in civil proceedings.
  592. 253A Restitution order where conviction of police assault etc.
  593. 253B The Restitution Fund
  594. 253C Restitution order, fine and compensation order: order of preference
  595. 253D Application of receipts
  596. 253E Enforcement: application of certain provisions relating to fines
  597. 253F Victim surcharge
  598. 253G The Victim Surcharge Fund
  599. 253H Application of receipts
  600. 253J Enforcement: application of certain provisions relating to fines
  601. 254 Search warrant for forfeited articles.
  602. 254A European Protection Orders: interpretation
  603. 254B Issuing of a European Protection Order
  604. 254C Recognition of a European Protection Order
  605. 254D Implementation of a recognised European Protection Order
  606. 254E Modification and revocation of non-harassment orders made under section 254D
  607. 255 Special capacity.
  608. 255A Proof of age.
  609. 256 Agreements and admissions as to evidence.
  610. 257 Duty to seek agreement of evidence.
  611. 258 Uncontroversial evidence.
  612. 259 Exceptions to the rule that hearsay evidence is inadmissible.
  613. 260 Admissibility of prior statements of witnesses.
  614. 261 Statements by co-accused
  615. 261ZA Statements by accused
  616. 261ZB Exception to rule on inadmissiblity
  617. 261A Witness statements: use during trial
  618. 262 Construction of sections 259 to 261A.
  619. 263 Examination of witnesses.
  620. 264 Spouse or civil partner of accused a compellable witness
  621. 265 Witnesses not excluded for conviction, interest, relationship, etc.
  622. 266 Accused as witness.
  623. 267 Witnesses in court during trial.
  624. 267A Citation of witnesses for precognition
  625. 267B Order requiring accused to participate in identification procedure
  626. 268 Additional evidence.
  627. 269 Evidence in replication.
  628. 270 Evidence of criminal record and character of accused.
  629. 271 Vulnerable witnesses: main definitions
  630. 271A Child and deemed vulnerable witnesses
  631. 271AA Using only standard special measures
  632. 271B Further special provision for child witnesses under the age of 12
  633. 271BZA Child witnesses in certain solemn cases: special measures
  634. 271BZB Child witnesses in certain solemn cases: modifications of section 271A
  635. 271BZC Child witnesses in certain solemn cases: modifications of section 271D
  636. 271BA Assessment of witnesses
  637. 271C Vulnerable witness application
  638. 271D Review of arrangements for vulnerable witnesses
  639. 271E Vulnerable witnesses: supplementary provision
  640. 271F The accused
  641. 271G Saving provision
  642. 271H The special measures
  643. 271HA Temporary additional special measures
  644. 271HB Excluding the public while taking evidence
  645. 271I Taking of evidence by a commissioner
  646. 271J Live television link
  647. 271K Screens
  648. 271L Supporters
  649. 271M Giving evidence in chief in the form of a prior statement
  650. 271N Witness anonymity orders
  651. 271P Applications
  652. 271Q Making and determination of applications
  653. 271R Conditions for making orders
  654. 271S Relevant considerations
  655. 271T Direction to jury
  656. 271U Discharge and variation of order
  657. 271V Appeals
  658. 271W Appeal against the making of a witness anonymity order
  659. 271X Appeal against the refusal to make a witness anonymity order
  660. 271Y Appeal against a variation of a witness anonymity order
  661. 271Z Appeal against a refusal to vary or discharge a witness anonymity order
  662. 272 Evidence by letter of request or on commission.
  663. 273 Television link evidence from abroad.
  664. 273A Television link evidence from other parts of the United Kingdom
  665. 274 Restrictions on evidence relating to sexual offences.
  666. 275 Exceptions to restrictions under section 274.
  667. 275A Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275
  668. 275B Provisions supplementary to sections 275 and 275A
  669. 275C Expert evidence as to subsequent behaviour of complainer in certain cases
  670. 276 Evidence of biological material.
  671. 277 Transcript of police interview sufficient evidence.
  672. 278 Record of proceedings at examination as evidence.
  673. 279 Evidence from documents.
  674. 279A Evidence from certain official documents.
  675. 280 Routine evidence.
  676. 281 Routine evidence: autopsy and forensic science reports.
  677. 281A Routine evidence: reports of identification prior to trial
  678. 282 Evidence as to controlled drugs and medicinal products.
  679. 283 Evidence as to time and place of video surveillance recordings.
  680. 284 Evidence in relation to fingerprints.
  681. 285 Previous convictions: proof, general.
  682. 286 Previous convictions: proof in support of substantive charge.
  683. 286A Proof of previous conviction by court in other member State
  684. 287 Demission from office of Lord Advocate and Solicitor General for Scotland.
  685. 288 Intimation of proceedings in High Court to Lord Advocate.
  686. 288ZA Right of Advocate General to take part in proceedings
  687. 288ZB References of compatibility issues to the High Court or Supreme Court
  688. 288A Rights of appeal for Advocate General: compatibility issues and devolution issues.
  689. 288AA Appeals to the Supreme Court: compatibility issues
  690. 288AB References of UNCRC compatibility issues to the High Court or Supreme Court
  691. 288AC Appeals to the Supreme Court: UNCRC compatibility issues
  692. 288B Appeals to the Supreme Court: general.
  693. 288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies
  694. 288BA Dockets for charges of sexual offences
  695. 288BB Mixed charges for sexual offences
  696. 288BC Aggravation by intent to rape
  697. 288C Prohibition of personal conduct of defence in cases of certain sexual offences
  698. 288D Appointment of solicitor by court in such cases
  699. 288DA Jury direction relating to lack of communication about offence
  700. 288DB Jury direction relating to absence of physical resistance or physical force
  701. 288DC Prohibition of personal conduct of defence in domestic abuse cases
  702. 288E Prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12
  703. 288F Power to prohibit personal conduct of defence in other cases involving vulnerable witnesses
  704. 288G Application of vulnerable witnesses provisions to proceedings in the district court
  705. 288H Participation through live television link
  706. 288I Evidence and personal appearance
  707. 288J Effect of postponement
  708. 288K Specified hearings
  709. 288L Defined terms
  710. 289 Procedure and evidence in trials for treason.
  711. 290 Accused’s right to request identification parade.
  712. 291 Precognition on oath of defence witnesses.
  713. 292 Mode of trial of certain offences.
  714. 293 Statutory offences: art and part and aiding and abetting.
  715. 294 Attempt at crime.
  716. 295 Legal custody.
  717. 296 Warrants for search and apprehension to be signed by judge.
  718. 297 Execution of warrants and service of complaints, etc.
  719. 297A Re-execution of apprehension warrants
  720. 298 Trial judge’s report.
  721. 298A Intimation of bills and of petitions to the nobile officium
  722. 299 Correction of entries.
  723. 300 Amendment of records of conviction and sentence in summary proceedings.
  724. 300A Power of court to excuse procedural irregularities
  725. 301 Rights of audience.
  726. 301A Recovery of documents
  727. 302 Fixed penalty: conditional offer by procurator fiscal.
  728. 302A Compensation offer by procurator fiscal
  729. 302B Combined fixed penalty and compensation offer
  730. 302C Recall of fixed penalty or compensation offer
  731. 303 Fixed penalty: enforcement.
  732. 303ZA Work orders
  733. 303ZB Setting aside of offers and orders
  734. 303A Transfer of rights of appeal of deceased person.
  735. 303B Electronic summary proceedings
  736. 303C Electronic signatures
  737. 303D Sending documents electronically and to a solicitor
  738. 303E Documents to which sections 303C and 303D apply
  739. 303F Interpretation of sections 303C to 303E
  740. 303G Suspension of requirement for physical attendance in criminal trials
  741. 303H Suspension of requirement for physical attendance in criminal proceedings where only party is a public official
  742. 303I Directions under sections 303G and 303H
  743. 303J Suspension of requirement for physical attendance in other criminal hearings or proceedings
  744. 303K Attending by electronic means
  745. 303L General directions under section 303K
  746. 303M Publication of guidance
  747. 303N Transitional provisions
  748. 303O Interpretation of sections 303C to 303N
  749. 304 Criminal Courts Rules Council.
  750. 305 Acts of Adjournal.
  751. 306 Information for financial and other purposes.
  752. 307 Interpretation.
  753. 308 Construction of enactments referring to detention etc.
  754. 308A Expressions relating to electronic proceedings
  755. 309 Short title, commencement and extent.
  756. SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
  757. SCHEDULE 2 Examples of Indictments
  758. SCHEDULE 3 Indictments and Complaints
  759. SCHEDULE 4 Supervision and Treatment Orders
  760. SCHEDULE 5 Forms of Complaint and Charges
  761. SCHEDULE 5ZA Serious terrorism offences
  762. SCHEDULE 5ZB Offences specified for the purpose of section 205ZC (sentence with fixed licence period)
  763. SCHEDULE 5ZC Terrorism offences
  764. SCHEDULE 8 Documentary Evidence in Criminal Proceedings
  765. SCHEDULE 9 Certificates as to Proof of Certain Routine Matters
  766. SCHEDULE 9A The Commission: Further Provisions
  767. SCHEDULE 10 Certain Offences Triable only Summarily
  768. SCHEDULE13 TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
  769. TABLE OF DERIVATIONS

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769 provisions

227ZI Remote monitoring

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227ZJ Restricted movement requirements: Scottish Ministers' functions

(1) The Scottish Ministers may by regulations made by statutory instrument prescribe— (a) which courts, or class or classes of courts, may impose restricted movement requirements, (b) the method or methods of monitoring compliance with a restricted movement requirement which may be specified in such a requirement, (c) the class or classes of offender on whom such a requirement may be imposed. (2) Regulations under subsection (1) may make different provision about the matters mentioned in paragraphs (b) and (c) of that subsection in relation to different courts or classes of court. (3) Regulations under subsection (1) are subject to annulment in pursuance of a resolution of the Scottish Parliament. (4) The Scottish Ministers must determine the person, or class or description of person, who may be specified in a restricted movement requirement as the person to be responsible for monitoring the offender's compliance with the requirement (referred to in this section as the “monitor”). (5) The Scottish Ministers may determine different persons, or different classes or descriptions of person, in relation to different methods of monitoring. (6) The Scottish Ministers must notify each court having power to impose a restricted movement requirement of their determination. (7) Subsection (8) applies where— (a) the Scottish Ministers make a determination under subsection (4) changing a previous determination made by them, and (b) a person specified in a restricted movement requirement in effect at the date the determination takes effect as the monitor is not a person, or is not of a class or description of person, mentioned in the determination as changed. (8) The appropriate court must— (a) vary the restricted movement requirement so as to specify a different person as the monitor, (b) send a copy of the requirement as varied to that person and to the responsible officer, and (c) notify the offender of the variation.

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227ZK Documentary evidence in proceedings for breach of restricted movement requirement

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227ZL Local authorities: annual consultations about unpaid work

(1) Each local authority must, for each year, consult prescribed persons about the nature of unpaid work and other activities to be undertaken by offenders residing in the local authority's area on whom community payback orders are imposed. (2) In subsection (1), “ prescribed persons ” means such persons, or class or classes of person, as may be prescribed by the Scottish Ministers by regulations made by statutory instrument. (3) A statutory instrument containing regulations under subsection (2) is to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

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227ZM Annual reports on community payback orders

(1) Each local authority must, as soon as practicable after the end of each reporting year, prepare a report on the operation of community payback orders within their area during that reporting year, and send a copy of the report to Community Justice Scotland. (2) The Scottish Ministers may issue directions to local authorities about the content of their reports under subsection (1); and local authorities must comply with any such directions. (3) Community Justice Scotland must, in relation to each reporting year, lay before the Scottish Parliament and publish a report that collates and summarises the data included in the various reports under subsection (1). (3A) A report under subsection (3) must be laid before the Parliament, and published, together with, or as part of, the corresponding report under section 27 of the Community Justice (Scotland) Act 2016. (3B) The reference in subsection (3A) to the corresponding report under section 27 of the Community Justice (Scotland) Act 2016 is, in relation to a report under subsection (3) for a particular reporting year, a reference to the report under that section which requires to be published as soon as reasonably practicable after that 31 March. (4) In this section, “reporting year” means a year ending with 31 March.

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227ZN Meaning of “the appropriate court”

(1) In sections 227A to 227ZK, “ the appropriate court ” means, in relation to a community payback order— (a) where the order was imposed by the High Court of Justiciary, that Court, (b) where the order was imposed by a sheriff, a sheriff having jurisdiction in the locality mentioned in subsection (2), (c) where the order was imposed by a justice of the peace court— (i) the justice of the peace court having jurisdiction in that locality, or (ii) if there is no justice of the peace court having jurisdiction in that locality, a sheriff having such jurisdiction. (2) The locality referred to in subsection (1) is the locality for the time being specified in the community payback order under section 227C(2)(a).

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227ZO Community payback orders: persons residing in England and Wales or Northern Ireland

Schedule 13 to this Act, which makes provision for the transfer of community payback orders to England and Wales or Northern Ireland, has effect.

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228 Probation orders.

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229 Probation orders: additional requirements.

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229A Probation progress review

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230 Probation orders: requirement of treatment for mental condition.

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230A Requirement for remote monitoring in probation order

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231 Probation orders: amendment and discharge.

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232 Probation orders: failure to comply with requirement.

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233 Probation orders: commission of further offence.

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234 Probation orders: persons residing in England and Wales.

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234A Non-harassment orders.

(1) This section applies where a person is— (a) convicted of an offence involving misconduct towards another person (“the victim”), (b) acquitted of such an offence by reason of the special defence set out in section 51A, or (c) found by a court to be unfit for trial under section 53F in respect of such an offence and the court determines that the person has done the act or made the omission constituting the offence. (1A) The prosecutor may apply to the court to make (instead of or in addition to dealing with the person in any other way) a non-harassment order against the person. (1B) A non-harassment order is an order requiring the person to refrain, for such period (including an indeterminate period) as may be specified in the order, from such conduct in relation to the victim as may be specified in the order. (2) On an application under subsection (1A) above the court may, if it is satisfied on a balance of probabilities that it is appropriate to do so in order to protect the victim from harassment (or further harassment), make a non-harassment order. (2A) The court may, for the purpose of subsection (2) above, have regard to any information given to it for that purpose by the prosecutor— (a) about any other offence involving misconduct towards the victim— (i) of which the person against whom the order is sought has been convicted, or (ii) as regards which the person against whom the order is sought has accepted (or has been deemed to have accepted) a fixed penalty or compensation offer under section 302(1) or 302A(1) or as regards which a work order has been made under section 303ZA(6), (b) in particular, by way of— (i) an extract of the conviction along with a copy of the complaint or indictment containing the charge to which the conviction relates, or (ii) a note of the terms of the charge to which the fixed penalty offer, compensation offer or work order relates. (2B) But the court may do so only if the court may, under section 101 or 101A (in a solemn case) or section 166 or 166A (in a summary case), have regard to the conviction or the offer or order. (2BA) The court may, for the purpose of subsection (2) above, have regard to any information given to it for that purpose by the prosecutor about any other offence involving misconduct towards the victim— (a) in respect of which the person against whom the order is sought was acquitted by reason of the special defence set out in section 51A, or (b) in respect of which the person against whom the order is sought was found by a court to be unfit for trial under section 53F and the court determined that the person had done the act or made the omission constituting the offence. (2C) The court must give the person against whom the order is sought an opportunity to make representations in response to the application. (3) A non-harassment order made by a criminal court may be appealed against— (a) if the order was made in a case falling within subsection (1)(a) above, as if the order were a sentence, (b) if the order was made in a case falling within subsection (1)(b) or (c) above, as if the person had been convicted of the offence concerned and the order were a sentence passed on the person for the offence. (3A) A variation or revocation of a non-harassment order made under subsection (6) below may be appealed against— (a) if the order was made in a case falling within subsection (1)(a) above, as if the variation or revocation were a sentence, (b) if the order was made in a case falling within subsection (1)(b) or (c) above, as if the person had been convicted of the offence concerned and the variation or revocation were a sentence passed on the person for the offence. (4) Any person who is . . . in breach of a non-harassment order shall be guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both such imprisonment and such fine; and (b) on summary conviction, to imprisonment for a period not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both such imprisonment and such fine. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The person against whom a non-harassment order is made, or the prosecutor at whose instance the order is made, may apply to the court which made the order for its revocation or variation and, in relation to any such application the court concerned may, if it is satisfied on a balance of probabilities that it is appropriate to do so, revoke the order or vary it in such manner as it thinks fit, but not so as to increase the period for which the order is to run. (7) For the purposes of this section— “harassment” and “conduct” are to be construed in accordance with section 8 of the Protection from Harassment Act 1997 (c.40), “ misconduct ” includes conduct that causes alarm or distress.

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234AZA Non-harassment orders: consideration by court in certain cases

(1) Section 234A applies subject to this section if an offence referred to in subsection (1) of that section is one listed in subsection (2)(c). (2) For the purposes of this section— (a) “victim” has the same meaning as it has in section 234A, (b) “child” has the same meaning as given by section 5(11) of the Domestic Abuse (Scotland) Act 2018, (c) the list is— (zi) an offence to which section 288C applies, (zii) stalking, (ziii) an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, (i) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, (ii) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. (3) A non-harassment order in the person's case may include provision for the order to apply in favour of any of the following, in addition to the victim— (a) where the offence is one listed in subsection (2)(c)(zii), (i) or (ii), a child usually residing with the person or a child usually residing with the victim (or a child usually residing with both the person and the victim), (b) where the offence is one under section 1(1) of the Domestic Abuse (Scotland) Act 2018, and is aggravated as described in section 5(1)(a) of that Act, a child to whom the aggravation relates, if the court is satisfied that it is appropriate for the child to be protected by the order. (4) The court must— (a) without an application by the prosecutor, consider the question of whether to make a non-harassment order in the person's case, (b) after hearing the prosecutor as well as the person, make such an order unless of a negative conclusion on the question, (c) if of a negative conclusion on the question, explain the basis for this. (5) Here, a negative conclusion on the question is the conclusion by the court that there is no need for— (a) the victim, or (b) the children (if any) in mind by virtue of subsection (3), to be protected by such an order. (6) In the operation of section 234A along with subsection (4)— (a) subsection (1A) of that section is of no effect (and the reference in subsection (2) of that section to an application under subsection (1A) of that section is to be ignored), (b) further— (i) the references in subsections (2A), (2BA) and (2C) of that section to the person against whom the order is sought are to be read as being to the person in whose case the making of a non-harassment order is being considered, (ii) the reference in subsection (2C) of that section to representations in response to the application is to be read as being to representations on the question of whether to make a non-harassment order, (iii) the reference in subsection (6) of that section to the prosecutor at whose instance the order is made is to be read as being to the prosecutor in the case in which the non-harassment order is made. (6A) Where the offence is one listed in subsection (2)(c)(i) or (ii), the court must, in considering the question of whether to make a non-harassment order in the person’s case (including where the person is sentenced to imprisonment or remanded in custody), have regard to any prior bail conditions imposed on the person preventing contact with the victim. (7) For the avoidance of doubt, nothing in this section affects the ability to make a non-harassment order in the case instead of or in addition to dealing with the person in any other way.

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234AA Antisocial behaviour orders

(1) Where subsection (2) below applies, the court may, instead of or in addition to imposing any sentence which it could impose, make an antisocial behaviour order in respect of a person (the “offender”). (2) This subsection applies where— (a) the offender is convicted of an offence; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in committing the offence, he engaged in antisocial behaviour; and (d) the court is satisfied, on a balance of probabilities, that the making of an antisocial behaviour order is necessary for the purpose of protecting other persons from further antisocial behaviour by the offender. (3) For the purposes of subsection (2)(c) above, a person engages in antisocial behaviour if he— (a) acts in a manner that causes or is likely to cause alarm or distress; or (b) pursues a course of conduct that causes or is likely to cause alarm or distress, to at least one person who is not of the same household as him. (4) Subject to subsection (5) below, an antisocial behaviour order is an order which prohibits, indefinitely or for such period as may be specified in the order, the offender from doing anything described in the order. (5) The prohibitions that may be imposed by an antisocial behaviour order are those necessary for the purpose of protecting other persons from further antisocial behaviour by the offender. (6) Before making an antisocial behaviour order, the court shall explain to the offender in ordinary language— (a) the effect of the order and the prohibitions proposed to be included in it; (b) the consequences of failing to comply with the order; (c) the powers the court has under subsection (8) below; and (d) the entitlement of the offender to appeal against the making of the order. (7) Failure to comply with subsection (6) shall not affect the validity of the order. (8) On the application of the offender in respect of whom an antisocial behaviour order is made under this section, the court which made the order may, if satisfied on a balance of probabilities that it is appropriate to do so— (a) revoke the order; or (b) subject to subsection (9) below, vary it in such manner as it thinks fit. (9) Where an antisocial behaviour order specifies a period, the court may not, under subsection (8)(b) above, vary the order by extending the period. (10) An antisocial behaviour order made under this section, and any revocation or variation of such an order under subsection (8) above, shall be taken to be a sentence for the purposes of an appeal. (11) Section 9 (breach of orders) of the Antisocial Behaviour etc. (Scotland) Act 2004 applies in relation to antisocial behaviour orders made under this section as that section applies in relation to antisocial behaviour orders made under section 4 of that Act. (12) In this section, “conduct” includes speech; and a course of conduct must involve conduct on at least two occasions.

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234AB Antisocial behaviour orders: notification

(1) Upon making an antisocial behaviour order under section 234AA of this Act, the court shall— (a) serve a copy of the order on the offender; and (b) give a copy of the order to the local authority it considers most appropriate. (2) Upon revoking an antisocial behaviour order under subsection (8)(a) of that section, the court shall notify the local authority to whom a copy of the order was given under subsection (1)(b) above. (3) Upon varying an antisocial behaviour order under subsection (8)(b) of that section, the court shall— (a) serve a copy of the order as varied on the offender; and (b) give a copy of the order as varied to the local authority to whom a copy of the order was given under subsection (1)(b) above. (4) For the purposes of this section, a copy is served on an offender if— (a) given to him; or (b) sent to him by registered post or the recorded delivery service. (5) A certificate of posting of a letter sent under subsection (4)(b) issued by the postal operator shall be sufficient evidence of the sending of the letter on the day specified in such certificate. (6) In this section, “ offender ” means the person in respect of whom the antisocial behaviour order was made.

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234B Drug treatment and testing order.

(1) This section applies where a person of 16 years of age or more is convicted of an offence, other than one for which the sentence is fixed by law, committed on or after the date on which section 89 of the Crime and Disorder Act 1998 comes into force. (2) Subject to the provisions of this section, the court by or before which the offender is convicted may, if it is of the opinion that it is expedient to do so instead of sentencing him, make an order (a “ drug treatment and testing order ”) which shall— (a) have effect for a period specified in the order of not less than six months nor more than three years (“ the treatment and testing period ”); and (b) include the requirements and provisions mentioned in section 234C of this Act. (3) A court shall not make a drug treatment and testing order unless it— (a) has been notified by the Secretary of State that arrangements for implementing such orders are available in the area of the local authority proposed to be specified in the order under section 234C(6) of this Act and the notice has not been withdrawn; (b) has obtained a report by, and if necessary heard evidence from, an officer of the local authority in whose area the offender is resident about the offender and his circumstances; and (c) is satisfied that— (i) the offender is dependent on, or has a propensity to misuse, drugs; (ii) his dependency or propensity is such as requires and is susceptible to treatment; and (iii) he is a suitable person to be subject to such an order. (4) For the purpose of determining for the purposes of subsection (3)(c) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify. (5) A drug treatment and testing order or an order under subsection (4) above shall not be made unless the offender expresses his willingness to comply with its requirements. (6) The Secretary of State may by order— (a) amend paragraph (a) of subsection (2) above by substituting a different period for the minimum or the maximum period for the time being specified in that paragraph; and (b) make such transitional provisions as appear to him necessary or expedient in connection with any such amendment. (7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament. (8) A drug treatment and testing order shall be as nearly as may be in the form prescribed by Act of Adjournal.

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234C Requirements and provisions of drug treatment and testing orders.

(1) A drug treatment and testing order shall include a requirement (“ the treatment requirement ”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience (“ the treatment provider ”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs. (2) The required treatment for any particular period shall be— (a) treatment as a resident in such institution or place as may be specified in the order; or (b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above. (3) A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is required to submit to treatment as a resident). (4) A drug treatment and testing order shall include a requirement (“ the testing requirement ”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times and in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined. (5) The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided. (6) A drug treatment and testing order shall specify the local authority in whose area the offender will reside when the order is in force and require that authority to appoint or assign an officer (a “ supervising officer ”) for the purposes of subsections (7) and (8) below. (7) A drug treatment and testing order shall— (a) provide that, for the treatment and testing period, the offender shall be under the supervision of a supervising officer; (b) require the offender to keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and (c) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the supervising officer. (8) Supervision by the supervising officer shall be carried out to such extent only as may be necessary for the purpose of enabling him— (a) to report on the offender’s progress to the appropriate court; (b) to report to that court any failure by the offender to comply with the requirements of the order; and (c) to determine whether the circumstances are such that he should apply to that court for the variation or revocation of the order.

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234CA Requirement for ... monitoring in drug treatment and testing order

(1) A drug treatment and testing order may include a requirement that during such period as may be specified in the requirement, being a period not exceeding twelve months, the offender comply with such restrictions as to his movements as the court thinks fit; and paragraphs (a) and (b) of subsection (2) of section 245A of this Act (with the qualification of paragraph (a) which that subsection contains) shall apply in relation to any such requirement as they apply in relation to a restriction of liberty order. (2) The clerk of the court shall cause a copy of a drug treatment and testing order which includes such a requirement to be sent to the person who is to be responsible for monitoring the offender’s compliance with the requirement. (3) If, within the period last specified by virtue of subsection (1) above or (6)(d) below, it appears to the person so responsible that the offender has failed to comply with the requirement the person shall so inform the supervising officer appointed by virtue of section 234C(6) of this Act, who shall report the matter to the court. (4) Section 245H shall apply in relation to proceedings under section 234G of this Act as respects a drug treatment and testing order which includes such a requirement as it applies in relation to proceedings under section 245F of this Act. (5) Section 245A(6) and (8) to (11)... of this Act shall apply in relation to the imposition of, or as the case may be compliance with, requirements included by virtue of subsection (1) above in a drug treatment and testing order as those sections apply in relation to the making of, or as the case may be compliance with, a restriction of liberty order. (6) In relation to a drug testing order which includes such a requirement, section 234E of this Act shall apply with the following modifications— (a) the persons who may make an application under subsection (1) of that section shall include the person responsible for monitoring the offender’s compliance with the requirement, but only in so far as the application relates to the requirement; (b) the reference in subsection (2) of that section to the supervising officer shall be construed as a reference to either that officer or the person so responsible; (c) where an application is made under subsection (1) of that section and relates to the requirement, the persons to be heard under subsection (3) of that section shall include the person so responsible; (d) the ways of varying the order which are mentioned in subsection (3)(a) of that section shall include increasing or decreasing the period specified by virtue of subsection (1) above (or last specified by virtue of this paragraph) but not so as to increase that period above the maximum mentioned in subsection (1) above; and (e) the reference in subsection (5) of that section— (i) to the supervising officer shall be construed as a reference to either that officer or the person so responsible; and (ii) to sections 234B(5) and 234D(1) shall be construed as including a reference to section 245A(6) and (11). (7) Where under section 234E or 234G(2)(b) of this Act the court varies such a requirement, the clerk of court shall cause a copy of the amended drug treatment and testing order to be sent— (a) to the person responsible for monitoring the offender’s compliance with the requirement; and (b) where the variation comprises a change in who is designated for the purposes of such monitoring, to the person who, immediately before the order was varied, was so responsible.

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234D Procedural matters relating to drug treatment and testing orders.

(1) Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language— (a) the effect of the order and of the requirements proposed to be included in it; (b) the consequences which may follow under section 234G of this Act or 42(4) of the Criminal Justice (Scotland) Act 2003 (asp 7)(powers of drugs court) if he fails to comply with any of those requirements; (c) that the court has power under section 234E of this Act to vary or revoke the order on the application of either the offender or the supervising officer; and (d) that the order will be periodically reviewed at intervals provided for in the order. (2) Upon making a drug treatment and testing order the court shall— (a) give, or send by registered post or the recorded delivery service, a copy of the order to the offender; (b) send a copy of the order to the treatment provider; (c) send a copy of the order to the chief social work officer of the local authority specified in the order in accordance with section 234C(6) of this Act; and (d) where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court. (3) Where a copy of a drug treatment and testing order has under subsection (2)(a) been sent by registered post or by the recorded delivery service, an acknowledgment or certificate of delivery of a letter containing a copy order issued by the postal operator shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

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234E Amendment of drug treatment and testing order.

(1) Where a drug treatment and testing order is in force either the offender or the supervising officer may apply to the appropriate court for variation or revocation of the order. (2) Where an application is made under subsection (1) above by the supervising officer, the court shall issue a citation requiring the offender to appear before the court. (2A) The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act. (3) On an application made under subsection (1) above and after hearing both the offender and the supervising officer, the court may by order, if it appears to it in the interests of justice to do so— (a) vary the order by— (i) amending or deleting any of its requirements or provisions; (ii) inserting further requirements or provisions; or (iii) subject to subsection (4) below, increasing or decreasing the treatment and testing period; or (b) revoke the order. (4) The power conferred by subsection (3)(a)(iii) above shall not be exercised so as to increase the treatment and testing period above the maximum for the time being specified in section 234B(2)(a) of this Act, or to decrease it below the minimum so specified. (5) Where the court, on the application of the supervising officer, proposes to vary (otherwise than by deleting a requirement or provision) a drug treatment and testing order, sections 234B(5) and 234D(1) of this Act shall apply to the variation of such an order as they apply to the making of such an order. (6) If an offender fails to appear before the court after having been cited in accordance with subsection (2) above, the court may issue a warrant for his arrest. (7) This section is subject to section 234CA(6) of this Act.

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234F Periodic review of drug treatment and testing order.

(1) A drug treatment and testing order shall— (a) provide for the order to be reviewed periodically at intervals of not less than one month; (b) provide for each review of the order to be made, subject to subsection (5) below, at a hearing held for the purpose by the appropriate court (a “ review hearing ”); (c) require the offender to attend each review hearing; (d) provide for the supervising officer to make to the court, before each review, a report in writing on the offender’s progress under the order; and (e) provide for each such report to include the test results communicated to the supervising officer under section 234C(7)(c) of this Act and the views of the treatment provider as to the treatment and testing of the offender. (1A) A review hearing may be held whether or not the prosecutor elects to appear. (2) At a review hearing the court, after considering the supervising officer’s report, may amend any requirement or provision of the order. (3) The court— (a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; (b) shall not amend any provision of the order so as reduce the treatment and testing period below the minimum specified in section 234B(2)(a) of this Act or to increase it above the maximum so specified; and (c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending. (4) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may revoke the order. (5) If at a review hearing the court, after considering the supervising officer’s report, is of the opinion that the offender’s progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made without a hearing. (6) A review without a hearing shall take place in chambers without the parties being present. (7) If at a review without a hearing the court, after considering the supervising officer’s report, is of the opinion that the offender’s progress is no longer satisfactory, the court may issue a warrant for the arrest of the offender or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a citation requiring the offender to appear before that court as such time as may be specified in the citation. (8) Where an offender fails to attend— (a) a review hearing in accordance with a requirement contained in a drug treatment and testing order; or (b) a court at the time specified in a citation under subsection (7) above, the court may issue a warrant for his arrest. (9) Where an offender attends the court at a time specified by a citation issued under subsection (7) above— (a) the court may exercise the powers conferred by this section as if the court were conducting a review hearing; and (b) so amend the order as to provide for each subsequent review to be made at a review hearing.

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234G Breach of drug treatment testing order.

(1) If at any time when a drug treatment and testing order is in force it appears to the appropriate court that the offender has failed to comply with any requirement of the order, the court may issue a citation requiring the offender to appear before the court at such time as may be specified in the citation or, if it appears to the court to be appropriate, it may issue a warrant for the arrest of the offender. (1A) The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act. (2) If it is proved to the satisfaction of the appropriate court that the offender has failed without reasonable excuse to comply with any requirement of the order, the court may by order— (a) without prejudice to the continuation in force of the order, impose a fine not exceeding level 3 on the standard scale; (b) vary the order so however that any extension of the period of a requirement imposed by virtue of section 234CA of this Act shall not increase that period above the maximum mentioned in subsection (1) of that section ; or (c) revoke the order. (2A) Subsections (6) and (11) of section 245A of this Act apply to the variation, under paragraph (b) of subsection (2) above, of a requirement imposed as is mentioned in that paragraph as they apply to the making of a restriction of liberty order. (3) For the purposes of subsection (2) above, the evidence of one witness shall be sufficient evidence. (4) A fine imposed under this section in respect of a failure to comply with the requirements of a drug treatment and testing order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.

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234H Disposal on revocation of drugs treatment and testing order.

(1) Where the court revokes a drug treatment and testing order under section 234E(3)(b), 234F(4) or 234G(2)(c) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made. (2) In disposing of an offender under subsection (1) above, the court shall have regard to the time for which the order has been in operation. (3) Where the court revokes a drug treatment and testing order as mentioned in subsection (1) above and the offender is , in respect of the same offence, also subject to a community payback order, by virtue of section 234J, or a restriction of liberty order, by virtue of section 245D, the court shall, before disposing of the offender under subsection (1) above, revoke the community payback order or restriction of liberty order (as the case may be). (4) This section is subject to section 42(8) of the Criminal Justice (Scotland) Act 2003 (asp 7)(powers of drugs court).

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234J Concurrent drug treatment and testing and probation orders.

(1) Notwithstanding section 234B(2) of this Act, where the court considers it expedient that the offender should be subject to a drug treatment and testing order and to a community payback order, it may make both such orders in respect of the offender. (2) In deciding whether it is expedient for it to exercise the power conferred by subsection (1) above, the court shall have regard to the circumstances, including the nature of the offence and the character of the offender and to the report submitted to it under section 234B(3)(b) of this Act. (3) Where the court makes both a drug treatment and testing order and a community payback order by virtue of subsection (1) above, the clerk of the court shall send a copy of each of the orders to the following— (a) the treatment provider within the meaning of section 234C(1); (ba) the local authority within whose area the offender will reside for the duration of each order. (4) Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above— (a) if the failure relates to a requirement contained in a community payback order and is dealt with under section 227ZC(7)(d) of this Act, the court may, in addition, exercise the power conferred by section 234G(2)(b) of this Act in relation to the drug treatment and testing order; and (b) if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the power conferred by section 227ZC(7)(d) of this Act in relation to the community payback order. (5) Where an offender by an act or omission fails to comply with both a requirement contained in a drug treatment and testing order and in a community payback order to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (4) above, be dealt with as respects that act or omission either under section 227ZC(7) of this Act or under section 234G(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.

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234K Drug treatment and testing orders: interpretation.

In sections 234B to 234J of this Act— “ the appropriate court ” means— where the drug treatment and testing order has been made by the High Court, that court; in any other case, the court having jurisdiction in the area of the local authority for the time being specified in the order under section 234C(6) of this Act, being a sheriff or JP court according to whether the order has been made by a sheriff or JP court , but in a case where an order has been made by a JP court and there is no JP court in that area, the sheriff court; and “ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.

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235 Supervised attendance orders.

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236 Supervised attendance orders in place of fines for 16 and 17 year olds.

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237 Supervised attendance orders where court allows further time to pay fine.

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238 Community service orders.

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239 Community service orders: requirements.

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240 Community service orders: amendment and revocation etc.

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241 Community service order: commission of offence while order in force.

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242 Community service orders: persons residing in England and Wales.

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243 Community service orders: persons residing in Northern Ireland.

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244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.

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