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Circular No: JD/17/2007 Criminal Procedure (Scotland) Act 1995 (as amended) Community Reparation Orders

DescriptionTo notify courts about the availability of CROs for offenders resident in Highland, Inverclyde and Dundee council areas will cease from end 2007.
ISBNWeb only (Web Only)
Official Print Publication DateNovember 2007
Website Publication DateNovember 26, 2007

Scottish Government: Justice & Communities Directorate

Circular No: JD/17/2007

Date: 26 November 2007

Clerks of Justiciary
All Sheriffs Principal
All Area Procurators Fiscal
All Sheriff Clerks
All Clerks to the District Courts
Director of Judicial Studies
Chief Executive, Highland Council
Chief Executive, Inverclyde Council
Chief Executive, Dundee City Council
All Chief Constables
All CJA Chief Officers
All Directors of Social Work/Chief Social Work Officers
Crown Office
Scottish Court Services


Dear Sir/Madam,

CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 (AS AMENDED)

COMMUNITY REPARATION ORDERS

1 Purpose

The purpose of this circular is to notify courts and others that the availability of Community Reparation Orders (CROs) for offenders resident within the Highland Council, Inverclyde Council and Dundee City Council local authority areas will cease with effect from 31 December 2007.

2 Background

Circulars Nos. 1/2005 and 2/2005 respectively notified courts and others of the availability of Community Reparation Orders for offenders resident within the Dundee City Council, Highland Council and Inverclyde local authority areas. Legislation for CROs is contained in section 245K of the Criminal Procedure (Scotland) Act 1995, which was introduced by Section 120 of the Antisocial Behaviour etc (Scotland) Act 2004.

3 Notification

I am directed by Ministers to send notification, for the purposes of section 245K(2)(d) of the 1995 Act, that with effect from 1 January 2008:

  • Highland Council will no longer have arrangements in place to allow a new CRO to be made in respect of those offenders who normally reside within the sheriff court district of Inverness
  • Inverclyde Council will no longer have arrangements in place to allow a new CRO to be made in respect of those offenders who normally reside within the Inverclyde Council area.
  • Dundee City Council will no longer have arrangements in place to allow a new CRO to be made in respect of offenders who normally reside within the Dundee City Council area.

Arrangements will however remain in place to allow for the completion of CROs already imposed on those offenders who normally reside within each of the three local authority areas specified above. Courts will continue to have available to them the power under section 245N of the Criminal Procedure (Scotland) Act 1995 to deal with failure to comply with such orders and the power under section 245P to extend, vary or revoke an order.

4 Contact Point

Enquiries about this circular should be addressed to Mr Alan Cockburn, Criminal Justice Directorate, Community Justice Services Division, Room GWR, St Andrew's House, Edinburgh, EH1 3DG. (Telephone 0131 244 5435) e-mail alan.cockburn@scotland.gsi.gov.uk

Yours faithfully

BRIAN COLE

Page updated: Wednesday, July 9, 2008