http://www.legislation.gov.uk/id/asp/2003/7

http://www.legislation.gov.uk/asp/2003/7/section/43

Criminal Justice (Scotland) Act 2003

An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.

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Statute Law Database

2022-09-18

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2022-05-17

Criminal Justice (Scotland) Act 2003

specified provision(s) and purposes

The Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003

art. 2

Sch.

Criminal Justice (Scotland) Act 2003

s. 16ZA

Bail and Release from Custody (Scotland) Act 2023

s. 14(2)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 16D

Bail and Release from Custody (Scotland) Act 2023

s. 14(3)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17ZA

Bail and Release from Custody (Scotland) Act 2023

s. 14(4)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17DA

Bail and Release from Custody (Scotland) Act 2023

s. 14(6)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17E(6)

Bail and Release from Custody (Scotland) Act 2023

s. 14(7)(d)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 18A(5)

Bail and Release from Custody (Scotland) Act 2023

s. 14(8)(b)

s. 18(2)

Part 6Non-custodial punishments

43Restriction of liberty orders

1

The 1995 Act is amended as follows.

2

In section 245A(5)(a) (duty of clerk of court by which restriction of liberty order is made)—

a

the existing words “to any person who is to be responsible for monitoring the offender’s compliance with the order” become sub-paragraph (i); and

b

after that sub-paragraph there is inserted the word “ and ” and the following sub-paragraph—

ii
if the offender resides (or is to reside) in a place outwith the jurisdiction of the court making the order, to the clerk of a court within whose jurisdiction that place is;

3

In section 245E (variation of restriction of liberty order)—

a

in subsection (1)—

i

after the word “may” there are inserted the words “ except in a case to which paragraph (b) below applies, ” and those words together with the existing words “apply to the court which made the order” become paragraph (a); and

ii

after that paragraph there is inserted the word “ or ” and the following paragraph—

b
where a copy of the order was, under section 245A(5)(a)(ii) of this Act or subsection (7)(a) below, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),

b

at the end there is added—

5
Where a reason for an application by the offender under subsection (1) above is that he proposes to reside in a place outwith the jurisdiction of the court to which that application is made, and the court is satisfied that suitable arrangements can be made, in the district where that place is, for monitoring his compliance with the order it may—
a
vary the order to permit or make practicable such arrangements; and
b
where the change in residence necessitates or makes desirable a change in who is designated for the purpose of such monitoring, vary the order accordingly.
6
Before varying a restriction of liberty order for the reason mentioned in subsection (5) above, the court shall—
a
if the order will require the offender to remain in a specified place or in specified places, obtain and consider information about that place, or those places, including information as to the attitude of persons likely to be affected by any enforced presence there of the offender; and
b
satisfy itself that his compliance with that requirement can be monitored by the means of monitoring specified, or which it intends to specify, in the order.
7
Where a restriction of liberty order is varied as is mentioned in subsection (5) above, the clerk of the court shall send a copy of the order as so varied to—
a
the clerk of a court within whose jurisdiction the place of proposed residence is;
b
the person who, immediately before the order was varied, was responsible for monitoring the person’s compliance with it; and
c
the person who, in consequence of the variation, is to have that responsibility.
8
If, in relation to an application made for such reason as is mentioned in subsection (5) above, the court is not satisfied as is mentioned in that subsection, it may—
a
refuse the application; or
b
revoke the order.

4

In section 245F (breach of restriction of liberty order)—

a

in subsection (1)—

i

after the words “force it appears”, there is inserted “ except in a case to which paragraph (b) below applies, ” and those words together with the existing words “to the court which made the order” become paragraph (a);

ii

after that paragraph there is inserted the word “ or ” and the following paragraph—

b
where a copy of the order was, under section 245A(5)(a)(ii) or 245E(7)(a) of this Act, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent),

iii

after the words “order the court” there is inserted “ in question ”;

iv

for the words “the court”, where they occur for the third time, there is substituted “ it ”; and

v

for the words “the court”, where they occur for the fourth time, there is substituted “ that court ”;

b

in subsection (2), for the words—

i

“the court”, where they occur for the first time, there is substituted “ that court ”; and

ii

“the court”, where they occur for the second time, there is substituted “ it ”; and

c

in subsection (4), for the words “the court” there is substituted “ a court ”.