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Criminal Procedure (Scotland) Act 1995
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Changes over time for: Section 234J
Version Superseded: 01/02/2011
Alternative versions:
- 30/09/1998- Amendment
- 28/10/2004- Amendment
- 12/10/2009
Point in time - 01/02/2011- Amendment
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Point in time view as at 12/10/2009. This version of this provision has been superseded.
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Criminal Procedure (Scotland) Act 1995, Section 234J is up to date with all changes known to be in force on or before 07 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[X1F1234J Concurrent drug treatment and testing and probation orders.S
(1)Notwithstanding sections 228(1) and 234B(2) of this Act, where the court considers it expedient that the offender should be subject to a drug treatment and testing order and to a probation order, it may make both such orders in respect of the offender.
(2)In deciding whether it is expedient for it to exercise the power conferred by subsection (1) above, the court shall have regard to the circumstances, including the nature of the offence and the character of the offender and to the report submitted to it under section 234B(3)(b) of this Act.
(3)Where the court makes both a drug treatment and testing order and a probation order by virtue of subsection (1) above, the clerk of the court shall send a copy of each of the orders to the following—
(a)the treatment provider within the meaning of section 234C(1);
(b)the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act; and
(c)if he would not otherwise receive a copy of the order, the officer of the local authority who is to supervise the probationer.
(4)Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above—
(a)if the failure relates to a requirement contained in a probation order and is dealt with under section 232(2)(c) of this Act, the court may, in addition, exercise the power conferred by section 234G(2)(b) of this Act in relation to the drug treatment and testing order; and
(b)if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the power conferred by section 232(2)(c) of this Act in relation to the probation order.
(5)Where an offender by an act or omission fails to comply with both a requirement contained in a drug treatment and testing order and in a probation order to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (4) above, be dealt with as respects that act or omission either under section 232(2) of this Act or under section 234G(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.]
Editorial Information
X1There is a version of this provision that is earlier than the first version listed in the table of attributes below. This is because, when the new "Antisocial behaviour orders" cross-heading was inserted on 28.10.2004, only the version of this provision that was current on that date became associated with that new heading. To view the earlier version, it is recommended that you perform a search for a specific date earlier than the start date of the first version listed in the table of attributes below.
Textual Amendments
F1S. 234J inserted "after s. 234H" (30.9.1998) by virtue of 1998 c. 37, s. 94(1); S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)
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