PART XI Sentencing
F1Community payback orders: review, variation etc.
227XPeriodic review of community payback orders
1
On imposing a community payback order on an offender, the court may include in the order provision for the order to be reviewed at such time or times as may be specified in the order.
2
A review carried out in pursuance of such provision is referred to in this section as a “ progress review ”.
3
A progress review may be carried out by the court which imposed the community payback order or (if different) the appropriate court, and, where those courts are different, the court must specify in the order which of those courts is to carry out the reviews.
4
A progress review is to be carried out in such manner as the court carrying out the review may determine.
5
Before each progress review, the responsible officer must give the court a written report on the offender's compliance with the requirements imposed by the community payback order in the period to which the review relates.
6
The offender must attend each progress review.
7
If the offender fails to attend a progress review, the court may—
a
issue a citation requiring the offender's attendance, or
b
issue a warrant for the offender's arrest.
8
The unified citation provisions apply in relation to a citation under subsection (7)(a) as they apply in relation to a citation under section 216(3)(a) of this Act.
9
Subsections (10) and (11) apply where, in the course of carrying out a progress review in respect of a community payback order, it appears to the court that the offender has failed to comply with a requirement imposed by the order.
10
The court must—
a
provide the offender with written details of the alleged failure,
b
inform the offender that the offender is entitled to be legally represented, and
c
inform the offender that no answer need be given to the allegation before the offender—
i
has been given an opportunity to take legal advice, or
ii
has indicated that the offender does not wish to take legal advice.
11
The court must then—
a
if it is the appropriate court, appoint another hearing for consideration of the alleged failure in accordance with section 227ZC, or
b
if it is not the appropriate court, refer the alleged failure to that court for consideration in accordance with that section.
12
On conclusion of a progress review in respect of a community payback order, the court may vary, revoke or discharge the order in accordance with section 227Z.
Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))