Office of the Queen's Printer for Scotland
PART XI continued
(1) Where a community service order is in force in respect of any offender and, on the application of that offender or of the local authority officer, it appears to the appropriate court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, that court may—
(a) extend, in relation to the order, the period of 12 months specified in section 239(2) of this Act;
(b) subject to section 238(1) of this Act, vary the number of hours specified in the order;
(c) revoke the order; or
(d) revoke the order and deal with the offender for the original offence in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.
(2) If the appropriate court is satisfied that the offender proposes to change, or has changed, his residence from the locality for the time being specified under section 238(8)(a) of this Act to another locality and—
(a) that court has been notified by the Secretary of State that arrangements exist for persons who reside in that other locality to perform work under community service orders; and
(b) it appears to that court that provision can be made under those arrangements for him to perform work under the order,
that court may, and on the application of the local authority officer shall, amend the order by substituting that other locality for the locality for the time being specified in the order; and sections 238 to 245 of this Act shall apply to the order as amended.
(3) Where the court proposes to exercise its powers under subsection (1)(a), (b) or (d) above otherwise than on the application of the offender, it shall issue a citation requiring him to appear before the court and, if he fails to appear, may issue a warrant for his arrest.
(1) Where—
(a) a court has made a community service order 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.
(1) Where a court is considering the making of a community service order and it is satisfied that the offender has attained the age of 16 years and resides, or will be residing when the order comes into force, in England or Wales, then—
(a) section 238 of this Act shall have effect as if subsection (2) were amended as follows—
(i) paragraph (b) shall be omitted;
(ii) in paragraph (c) for the words “such an order” there shall be substituted the words “a community service order”; and
(iii) for paragraph (d) there shall be substituted the following paragraph—
“(d) it appears to that court that provision can be made for the offender to perform work under the order made under subsection (1) above under the arrangements which exist in the petty sessions area in which he resides or will be residing for persons to perform work under community service orders made under section 14 of the Powers of Criminal Courts Act 1973;”; and
(b) the order shall specify that the unpaid work required to be performed by the order shall be performed under the arrangements mentioned in section 238(2)(d) of this Act as substituted by paragraph (a) above.
(2) Where a community service order has been made and—
(a) the appropriate court is satisfied that the offender has attained the age of 16 years and proposes to reside or is residing in England or Wales; and
(b) it appears to that court that provision can be made for the offender to perform work under the order made under the arrangements which exist in the petty sessions area in which he proposes to reside or is residing for persons to perform work under community service orders made under section 14 of the [1973 c. 62.] Powers of Criminal Courts Act 1973,
it may amend the order by specifying that the unpaid work required to be performed by the order shall be performed under the arrangements mentioned in paragraph (b) of this subsection.
(3) A community service order made under section 238(1) as amended by or in accordance with this section shall—
(a) specify the petty sessions area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and
(b) require the probation committee for that area to appoint or assign a probation officer who will discharge in respect of the order the functions in respect of community service orders conferred on relevant officers by the Powers of Criminal Courts Act 1973.
(1) Where a court is considering the making of a community service order and it is satisfied that the offender resides, or will be residing when the order comes into force, in Northern Ireland, then—
(a) section 238 of this Act shall have effect as if subsection (2) were amended as follows—
(i) paragraph (b) shall be omitted;
(ii) for paragraph (d) there shall be substituted the following paragraph—
“(d) it appears to the court that provision can be made by the Probation Board for Northern Ireland for him to perform work under such an order;”;
(b) the order shall specify that the unpaid work required to be performed by the order shall be performed under the provision made by the Probation Board for Northern Ireland and referred to in section 238(2)(d) of this Act as substituted by paragraph (a) above.
(2) Where a community service order has been made and—
(a) the appropriate court is satisfied that the offender proposes to reside or is residing in Northern Ireland; and
(b) it appears to that court that provision can be made by the Probation Board for Northern Ireland for him to perform work under the order,
it may amend the order by specifying that the unpaid work required to be performed by the order shall be performed under the provision made by the Probation Board for Northern Ireland and referred to in paragraph (b) of this subsection.
(3) A community service order made under section 238(1) of this Act as amended by or in accordance with this section shall—
(a) specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or the amendment comes into force; and
(b) require the Probation Board for Northern Ireland to select an officer who will discharge in respect of the order the functions in respect of community service orders conferred on the relevant officer by the [S.I. 1976 No.226 (N.I. 4)] Treatment of Offenders (Northern Ireland) Order 1976.
(1) Where a community service order is made or amended in the circumstances specified in section 242 or 243 of this Act, the court which makes or amends the order shall send three copies of it as made or amended to the home court, together with such documents and information relating to the case as it considers likely to be of assistance to that court.
(2) In this section—
“home court” means—
if the offender resides in England or Wales, or will be residing in England or Wales at the relevant time, the magistrates' court acting for the petty sessions area in which he resides or proposes to reside; and
if he resides in Northern Ireland, or will be residing in Northern Ireland, at the relevant time, the court of summary jurisdiction acting for the petty sessions district in which he resides or proposes to reside; and
“the relevant time” means the time when the order or the amendment to it comes into force.
(3) A community service order made or amended in the circumstances specified in section 242 or 243 of this Act shall be treated, subject to the following provisions of this section, as if it were a community service order made in the part of the United Kingdom in which the offender resides, or will be residing at the relevant time; and the legislation relating to community service orders which has effect in that part of the United Kingdom shall apply accordingly.
(4) Before making or amending a community service order in those circumstances the court shall explain to the offender in ordinary language—
(a) the requirements of the legislation relating to community service orders which has effect in the part of the United Kingdom in which he resides or will be residing at the relevant time;
(b) the powers of the home court under that legislation, as modified by this section; and
(c) its own powers under this section,
and an explanation given in accordance with this section shall be sufficient without the addition of an explanation under section 238(4) of this Act.
(5) The home court may exercise in relation to the community service order any power which it could exercise in relation to a community service order made by a court in the part of the United Kingdom in which the home court exercises jurisdiction, by virtue of the legislation relating to such orders which has effect in that part of the United Kingdom, except—
(a) a power to vary the order by substituting for the number of hours' work specified in it any greater number than the court which made the order could have specified;
(b) a power to revoke the order; and
(c) a power to revoke the order and deal with the offender for the offence in respect of which it was made in any manner in which he could have been dealt with for that offence by the court which made the order if the order had not been made.
(6) If at any time while legislation relating to community service orders which has effect in one part of the United Kingdom applies by virtue of subsection (3) above to a community service order made in another part—
(a) it appears to the home court—
(i) if that court is in England or Wales, on information to a justice of the peace acting for the petty sessions area for the time being specified in the order; or
(ii) if it is in Northern Ireland, upon a complaint being made to a justice of the peace acting for the petty sessions district for the time being specified in the order,
that the offender has failed to comply with any of the requirements of the legislation applicable to the order; or
(b) it appears to the home court on the application of—
(i) the offender; or
(ii) if that court is in England and Wales, the relevant officer under the [1973 c. 62.] Powers of Criminal Courts Act 1973; or
(iii) if that court is in Northern Ireland, the relevant officer under the [S.I. 1976 No.226 (N.I. 4)] Treatment of Offenders (Northern Ireland) Order 1976,
that it would be in the interests of justice to exercise a power mentioned in subsection (5)(b) or (c) above,
the home court may require the offender to appear before the court by which the order was made.
(7) Where an offender is required by virtue of subsection (6) above to appear before the court which made a community service order, that court—
(a) may issue a warrant for his arrest; and
(b) may exercise any power which it could exercise in respect of the community service order if the offender resided in the part of the United Kingdom where the court has jurisdiction,
and any enactment relating to the exercise of such powers shall have effect accordingly.
(1) The Secretary of State may make rules for regulating the performance of work under community service orders or probation orders which include a requirement that the offender shall perform unpaid work.
(2) Without prejudice to the generality of subsection (1) above, rules under this section may—
(a) limit the number of hours' work to be done by a person under such an order on any one day;
(b) make provision as to the reckoning of time worked under such orders;
(c) make provision for the payment of travelling and other expenses in connection with the performance of work under such orders;
(d) provide for records to be kept of the work done by any person under such an order.
(3) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The Secretary of State shall lay before Parliament each year, or incorporate in annual reports he already makes, a report of the working of community service orders.
(5) In sections 238 to 243 of this Act, “the appropriate court” means—
(a) where the relevant community service order has been made by the High Court, the High Court;
(b) in any other case, the court having jurisdiction in the locality for the time being specified in the order under section 238(8)(a) of this Act, being a sheriff or district court according to whether the order has been made by a sheriff or a district court, but in a case where the order has been made by a district court and there is no district court in that locality, the sheriff court.
(1) A court may, if it appears to meet the justice of the case, dismiss with an admonition any person convicted by the court of any offence.
(2) Where a person is convicted on indictment of an offence (other than an offence the sentence for which is fixed by law), if it appears to the court, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate it may instead of sentencing him make an order discharging him absolutely.
(3) Where a person is charged before a court of summary jurisdiction with an offence (other than an offence the sentence for which is fixed by law) and the court is satisfied that he committed the offence, the court, if it is of the opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment and that a probation order is not appropriate may without proceeding to conviction make an order discharging him absolutely.
(1) Subject to the following provisions of this section, a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of laying it before a court as a previous conviction in subsequent proceedings for another offence.
(2) Without prejudice to subsection (1) above, the conviction of an offender who is placed on probation or discharged absolutely as aforesaid shall in any event be disregarded for the purposes of any enactment which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability.
(3) Subsections (1) and (2) above shall not affect any right to appeal.
(4) Where a person charged with an offence has at any time previously been discharged absolutely in respect of the commission by him of an offence it shall be competent, in the proceedings for that offence, to lay before the court the order of absolute discharge in like manner as if the order were a conviction.
(5) Where an offender is discharged absolutely by a court of summary jurisdiction, he shall have the like right of appeal against the finding that he committed the offence as if that finding were a conviction.
(6) Where an offender, being not less than 16 years of age at the time of his conviction of an offence for which he is placed on probation as mentioned in subsection (1) above, is subsequently sentenced under this Act for that offence, the provisions of that subsection shall cease to apply to the conviction.
(1) Where a person is convicted of an offence (other than one triable only summarily) and the court which passes sentence is satisfied that a motor vehicle was used for the purposes of committing or facilitating the commission of that offence, the court may order him to be disqualified for such a period as the court thinks fit from holding or obtaining a licence to drive a motor vehicle granted under Part III of the [1988 c. 52.] Road Traffic Act 1988.
(2) A court which makes an order under this section disqualifying a person from holding or obtaining a licence shall require him to produce any such licence held by him and its counterpart.
(3) Any reference in this section to facilitating the commission of an offence shall include a reference to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.
(4) In relation to licences which came into force before 1st June 1990, the reference in subsection (2) above to the counterpart of a licence shall be disregarded.
(1) Subject to subsections (2) and (4) below, where a person is convicted of an offence the court, instead of or in addition to dealing with him in any other way, may make an order (in this Part of this Act referred to as “a compensation order”) requiring him to pay compensation for any personal injury, loss or damage caused, whether directly or indirectly, by the acts which constituted the offence.
(2) It shall not be competent for a court to make a compensation order—
(a) where, under section 246(2) of this Act, it makes an order discharging him absolutely;
(b) where, under section 228 of this Act, it makes a probation order; or
(c) at the same time as, under section 202 of this Act, it defers sentence.
(3) Where, in the case of an offence involving dishonest appropriation, or the unlawful taking and using of property or a contravention of section 178(1) of the [1988 c. 52.] Road Traffic Act 1988 (taking motor vehicle without authority etc.) the property is recovered, but has been damaged while out of the owner’s possession, that damage, however and by whomsoever it was in fact caused, shall be treated for the purposes of subsection (1) above as having been caused by the acts which constituted the offence.
(4) No compensation order shall be made in respect of—
(a) loss suffered in consequence of the death of any person; or
(b) injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated, by virtue of subsection (3) above, as having been caused by the convicted person’s acts.
(5) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such order, the court shall take into consideration his means so far as known to the court.
(6) For the purposes of subsection (5) above, in assessing the means of a person who is serving, or is to serve, a period of imprisonment or detention, no account shall be taken of earnings contingent upon his obtaining employment after release.
(7) In solemn proceedings there shall be no limit on the amount which may be awarded under a compensation order.
(8) In summary proceedings—
(a) a sheriff, or a stipendiary magistrate appointed under section 5 of the [1975 c. 20.] District Courts (Scotland) Act 1975, shall have power to make a compensation order awarding in respect of each offence an amount not exceeding the prescribed sum;
(b) a judge of a district court (other than such stipendiary magistrate) shall have power to make a compensation order awarding in respect of each offence an amount not exceeding level 4 on the standard scale.
(9) Payment of any amount under a compensation order shall be made to the clerk of the court who shall account for the amount to the person entitled thereto.
(10) Only the court shall have power to enforce a compensation order.
(1) Where a court considers that in respect of an offence it would be appropriate to impose a fine and to make a compensation order but the convicted person has insufficient means to pay both an appropriate fine and an appropriate amount in compensation the court should prefer a compensation order.
(2) Where a convicted person has both been fined and had a compensation order made against him in respect of the same offence or different offences in the same proceedings, a payment by the convicted person shall first be applied in satisfaction of the compensation order.
(3) For the purposes of any appeal or review, a compensation order is a sentence.
(4) Where a compensation order has been made against a person, a payment made to the court in respect of the order shall be retained until the determination of any appeal in relation to the order.
(1) Without prejudice to the power contained in section 213 of this Act, (as applied by section 252 of this Act), at any time before a compensation order has been complied with or fully complied with, the court, on the application of the person against whom the compensation order was made, may discharge the compensation order or reduce the amount that remains to be paid if it appears to the court that—
(a) the injury, loss or damage in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the compensation order; or
(b) that property the loss of which is reflected in the compensation order has been recovered.
(2) In subsection (1) above “the court” means—
(a) in a case where, as respects the compensation order, a transfer of fine order under section 222 of this Act (as applied by the said section 252) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or
(b) in any other case, the court which made the compensation order or, where that court was the High Court, by which the order was first enforceable.
(1) The provisions of this Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and section 91 of the [1980 c. 43.] Magistrates' Courts Act 1980 and article 96 of the [1981/1675 (N.I. 26.)] Magistrates' Courts (Northern Ireland) Order 1981 shall be construed accordingly.
(2) The provisions mentioned in subsection (1) above are—
section 211(3), (4) and (7) to (9) (enforcement of fines);
section 212 (fines in summary proceedings);
section 213 (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section;
section 214 (time for payment) with the omission of—
(a) the words from “unless” to “its decision” in subsection (4); and
(b) subsection (5);
section 215 (further time for payment);
section 216 (reasons for default);
section 217 (supervision pending payment of fine);
section 218 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings;
subject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8) (maximum period of imprisonment for non-payment of fine);
section 220 (payment of fine in part by prisoner);
section 221 (recovery by civil diligence);
section 222 (transfer of fine orders);
section 223 (action of clerk of court on transfer of fine order); and
section 224 (discharge from imprisonment to be specified).
(3) In the application of the provisions of section 219 of this Act mentioned in subsection (2) above for the purposes of subsection (1) above—
(a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but not vice versa; and
(b) where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of subsection (2) of the said section 219, be aggregated.
(1) This section shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined.
(2) The damages in the civil proceedings shall be assessed without regard to the order or award; but where the whole or part of the amount awarded by the order or award has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order or award.
(3) Where the whole or part of the amount awarded by the order or award remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order or award was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment—
(a) if it is for an amount not exceeding the amount unpaid under the order or award, shall not be enforced; or
(b) if it is for an amount exceeding the amount unpaid under the order or award, shall not be enforced except to the extent that it exceeds the amount unpaid,
without the leave of the court.
(4) In this section a “service compensation order or award” means—
(a) an order requiring the payment of compensation under paragraph 11 of—
(i) Schedule 5A to the [1955 c. 18.] Army Act 1955;
(ii) Schedule 5A to the [1955 c. 19.] Air Force Act 1955; or
(iii) Schedule 4A to the [1957 c. 53.] Naval Discipline Act 1957; or
(b) an award of stoppages payable by way of compensation under any of those Acts.
Where a court has made an order for the forfeiture of an article, the court or any justice may, if satisfied on information on oath—
(a) that there is reasonable cause to believe that the article is to be found in any place or premises; and
(b) that admission to the place or premises has been refused or that a refusal of such admission is apprehended,
issue a warrant of search which may be executed according to law.
Criminal Procedure (Scotland) Act 1995