Previous Circular Cancelled: SWSG34/97 Desk Officer: 5435

SWSG Guidance package Index Ref: G6

4 February 1998

Clerk of Justiciary

Sheriff Clerks

Clerks to District Courts

Directors of Social Work/Chief Social Work Officers

Scottish Court Services

Holders of SWSG/SWSI Circulars and Guidance Package

Dear Sir/Madam

CRIMINAL JUSTICE (SCOTLAND) ACT 1995 AND CRIMINAL PROCEDURE (SCOTLAND) ACT 1995: SUPERVISED ATTENDANCE ORDERS

Summary

1. This Circular notifies courts of the availability of Supervised Attendance Order schemes in their area for particular classes of offender. It revises the existing notification contained in Circular SWSG 34/97.

Notification

2. I am directed by the Secretary of State to notify those courts listed in the Appendix to this Circular that, under Schedule 7 to the Criminal Procedure (Scotland) Act 1995, arrangements will exist to make a Supervised Attendance Order (SAO). Specifically this Circular notifies the introduction of the following schemes:-

2.1 East Dunbartonshire - This scheme will make SAO available to: Glasgow Sheriff Court from Monday 16 March 1998, Dumbarton Sheriff Court and the District Courts at Kirkintilloch and Milngavie from Wednesday 1st April 1998.

2.2 Glasgow City - This scheme will make SAO available to Glasgow Sheriff Court from Monday 16 March 1998.

2.3 Inverclyde - This scheme will make SAO available to the Sheriff and District Courts at Greenock from Wednesday 1st April 1998.

2.4 North Lanarkshire - This scheme will make SAO available to Airdrie Sheriff Court, and Coatbridge, Cumbernauld and Motherwell District Courts from Monday 2 March 1998 Hamilton Sheriff Court from Wednesday 1st April 1998.

2.5 South Lanarkshire - This scheme will make SAO available to Glasgow Sheriff Court from Monday 16 March 1998, the Sheriff Courts at Hamilton and Lanark and the District Courts at East Kilbride, Hamilton and Lanark from Wednesday 1st April 1998.

2.6 Orkney Isles - This scheme will make SAO available to Kirkwall Sheriff Court from Monday 16 February 1998.

2.7 Western Isles - This scheme will make SAO available to Lochmaddy and Stornoway Sheriff Courts and Stornoway District Court from Wednesday 1st April 1998.

2.8 Highland - This is an extension to the existing scheme and will provide SAO to: Dornoch, Fort William, Portree and Wick Sheriff Courts and Fort William, Portree Sutherland, Thurso and Wick District Courts from Wednesday 1st April 1998.

Recipients of this circular should note that with effect from 1 April 1998, SAO will be available to all Sheriff and District Courts in Scotland with the exception of the District and Stipendiary Magistrates Courts in Glasgow, which will be designated for SAO later this year.

Background

3. Schedule 7 to the Criminal Procedure (Scotland) Act 1995 provides that a court shall not make a Supervised Attendance Order unless it has been notified by the Secretary of State that arrangements exist for persons of a class which includes the offender who reside in the locality where the offender resides, or will be residing when the Supervised Attendance Order comes into force, to carry out the requirements of such an order.

4. A consolidated list of localities covered is given in the Appendix to this Circular, indicating the availability of Supervised Attendance Orders under section 35 of the Criminal Justice (Scotland ) Act 1995 and sections 235-237 of the Criminal Procedure (Scotland) Act 1995. As Supervised Attendance Order schemes are introduced in new localities or for different classes of persons, courts will be notified accordingly.

Contact Point

5. Enquiries about any aspect of this Circular may be addressed to: Mr A Cockburn, Social Work Services Group, Room 13, James Craig Walk: telephone 0131-244-5435.

Yours faithfully

MRS V M MACNIVEN

CRIMINAL JUSTICE (SCOTLAND) ACT 1995 APPENDIX

CRIMINAL PROCEDURE (SCOTLAND) ACT 1995

SUPERVISED ATTENDANCE ORDERS: AVAILABILITY

The following tables indicate the availability of Supervised Attendance Order schemes in Sheriff and District Court districts. Where no date is shown, SAOs are not available for persons residing in that area under the relevant section. Where a court is not listed, no SAO scheme is available in that are

* Excluding Section 235.4

CRIMINAL JUSTICE (SCOTLAND) ACT 1995 APPENDIX

CRIMINAL PROCEDURE (SCOTLAND) ACT 1995

SUPERVISED ATTENDANCE ORDERS: AVAILABILITY

* Excluding Section 235.4