PART XIU.K. Sentencing

[F1Restricted movement requirementS

Textual Amendments

F1Ss. 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))

227ZHVariation of restricted movement requirementS

(1)This section applies where—

(a)a community payback order which is in force in respect of an offender imposes a restricted movement requirement requiring the offender to be at a particular place specified in the requirement for any period, and

(b)the court is considering varying the requirement so as to require the offender to be at a different place (“the new place”).

(2)Before making the variation, the appropriate court must obtain and consider a [F2written] report by an officer of the local authority in whose area the new place is situated on—

(a)the new place, and

[F3(aa)the suitability of the new place (particularly with a view to maximising the prospect of the offender's compliance with the requirement and minimising the risk of reoffending by the offender),]

(b)the attitude of any person (other than the offender) likely to be affected by the enforced presence of the offender at the new place.

(3)The court may, before making the variation, hear the officer who prepared the report.]

Textual Amendments