PART XI Sentencing

F1Community payback order: meaning of “the appropriate court”

Annotations:
Amendments (Textual)
F1

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))

227ZNMeaning of “the appropriate court”

1

In sections 227A to 227ZK, “ the appropriate court ” means, in relation to a community payback order—

a

where the order was imposed by the High Court of Justiciary, that Court,

b

where the order was imposed by a sheriff, a sheriff having jurisdiction in the locality mentioned in subsection (2),

c

where the order was imposed by a justice of the peace court—

i

the justice of the peace court having jurisdiction in that locality, or

ii

if there is no justice of the peace court having jurisdiction in that locality, a sheriff having such jurisdiction.

2

The locality referred to in subsection (1) is the locality for the time being specified in the community payback order under section 227C(2)(a).