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Management of Offenders etc. (Scotland) Act 2005

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12Probation progress review

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(1)The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.

(2)After section 229 insert—

“229AProbation progress review

(1)A court may, in making a probation order, provide for the order to be reviewed at a hearing held for the purpose by the court.

(2)The officer responsible for the probationer’s supervision is, before the hearing, to make a report in writing to the court on the probationer’s progress under the order.

(3)The probationer must, and that officer may, attend the hearing.

(4)The hearing may be held whether or not the prosecutor elects to attend.

(5)Where the probationer fails to attend the hearing the court may issue a warrant for his arrest.

(6)At the hearing the court, after considering the report made under subsection (2) above, may amend the probation order.

(7)But before amending the order the court is to explain to the probationer, in ordinary language, the effect of making the amendment; and may proceed to make it only if the probationer expresses his willingness to comply with the requirements of the order as amended.

(8)Sub-paragraph (2) of paragraph 3 of Schedule 6 to this Act applies to amending under subsection (6) above as that sub-paragraph applies to amending under sub-paragraph (1) of that paragraph.

(9)At the hearing the court may provide for the order to be reviewed again at a subsequent hearing held for the purpose by the court; and subsections (2) to (8) above and this subsection apply in relation to a review under this subsection as they apply in relation to a review under subsection (1) above.”.

(3)In section 232(2) (powers of court where satisfied that a probationer has failed to comply with a requirement of his probation order), after the words “subsection (1) above” insert “or of section 229A of this Act”.

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