9 September 1993

Dear Sir/Madam

PRISONERS AND CRIMINAL PROCEEDINGS (SCOTLAND) ACT 1993: GUIDANCE TO COURTS

PROBATION: BREACH - STANDARD OF PROOF

Summary

1. This circular sets out an amendment to the existing Probation procedure in respect of breach action which will come into effect on 1 October 1993.

Standard of Proof

2. Any breach which is presented to the courts may be challenged and must therefore be supported by sufficient evidence. Schedule 5, paragraph 7 of the above Act provides that the evidence of one witness shall be sufficient to establish a failure to comply with any of the requirements of the order.

3. This amendment will be incorporated in any subsequent review of the National Objectives and Standards document.

Contact Point

4. If you have any queries about the content of this circular, please contact Susan Malcolm, Social Work Services Group, Room 16a, James Craig Walk, Edinburgh EH1 3BA (telephone: 0131 244 5439).

Yours faithfully

J KIRBY