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Community Justice (Scotland) Act 2016

Type Act of the Scottish Parliament

Publication 2016-03-21

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Meaning of “community justice”

1

(1) In this Act, “community justice” means—

(a) giving effect to bail conditions, community disposals and post-release control requirements,

(b) managing and supporting persons falling within subsection (3), (6) or (7) with a view to them not offending in future or, if that is not realistic, reducing future offending by them,

(c) arranging relevant general services in ways which facilitate persons falling within subsection (3), (6) or (7) accessing and using them,

(d) preparing persons who have been convicted of offences and sentenced to imprisonment or detention in penal institutions for release,

(e) facilitating the provision of relevant general services which persons mentioned in paragraph (d) are likely to need immediately following their release.

(2) In subsection (1)(b), “supporting” includes—

(a) advising and guiding,

(b) providing—

(i) opportunities to participate in activities designed to eliminate or reduce future offending,

(ii) emotional and practical support designed to eliminate or reduce future offending,

(i) to access things falling with paragraph (b)(i) or (ii),

(ii) to access and make use of relevant general services.

(3) A person falls within this subsection if the person—

(a) has, whether before or after this section comes into force, been the subject of an act mentioned in subsection (4), and

(b) is not for the time being imprisoned or detained in a penal institution (whether in consequence of the act or otherwise).

(4) The acts referred to in subsection (3)(a) are—

(a) conviction for an offence,

(b) the making, in respect of an offence, of a relevant finding (see section 2(2)(b)),

(d) arrest on suspicion of having committed an offence by any person having power to do so in respect of the offence.

(5) Subsection (4) includes acts occurring anywhere in the world.

(6) A person falls within this subsection if the person is the subject of a recognised EU supervision measure.

(7) A person falls within this subsection if the person—

(a) is aged 16 or 17, and

(b) is subject to a compulsory supervision order made by virtue of the ground mentioned in section 67(2)(j) of the Children's Hearings (Scotland) Act 2011.

Interpretation of section 1

2

(1) In section 1—

“bail conditions” means—conditions imposed by courts in relation to grants of bail,recognised EU supervision measures,

“community disposals” means—requirements for people to be supervised under orders of courts made in exercise of their criminal jurisdiction by virtue of any enactment,community payback orders imposed under section 227A or 227M of the 1995 Act,supervision and treatment orders made under section 57(2)(d) of the 1995 Act,

“relevant general services” means services and support provided to people generally in relation to—housing,employment,education,children,physical or mental health (including, in particular, alcohol and drug treatment services),social welfare,any other matter which does or may affect the likelihood of future offending by persons falling within section 1(3), (6) or (7),

“post-release control requirements” means requirements for persons, following release from imprisonment or detention in a penal institution in consequence of conviction of offences, to be under supervision—under any enactment, orby the terms of—an order or licence of the Scottish Ministers, ora condition or requirement imposed in pursuance of any enactment,

“recognised EU supervision measure” means a measure imposed in another member State of the European Union which is recognised in Scotland (with or without adaptation) under Schedule 2 to the Mutual Recognition of Supervision Measures in the European Union (Scotland) Regulations 2014 (S.S.I. 2014/337).

(2) For the purposes of section 1(4)—

(a) an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law,

(b) a person is the subject of the making, in respect of an offence, of a relevant finding, if the person—

(i) is acquitted by reason of the special defence set out in section 51A of the 1995 Act,

(ii) is acquitted by reason of insanity,

(iii) is found by a court to be unfit for trial under section 53F of the 1995 Act but to have done the act or made the omission constituting the offence,

(iv) is found by a court to be under a disability but to have done the act or made the omission constituting the offence, or

(v) under the law of a country other than Scotland, is the subject of something which is equivalent to any of the things described in sub-paragraphs (i) to (iv),

(i) accepts, or is deemed to have accepted, a conditional offer in respect of the offence under section 302 of the 1995 Act,

(ii) accepts, or is deemed to have accepted, a compensation offer issued in respect of the offence under section 302A of the 1995 Act,

(iii) has a work order made against the person in respect of the offence under section 303ZA of the 1995 Act,

(iv) has accepted an offer made by the procurator fiscal in respect of the offence to undertake an activity or treatment or to receive services or do any other thing as an alternative to prosecution, or

(v) under the law of a country other than Scotland, is the subject of something which is equivalent to any of the things described in sub-paragraphs (i) to (iv).

(3) In this section, “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

Community Justice Scotland

Establishment

3

(1) Community Justice Scotland (in Gaelic, Ceartas Coimhearsnachd Alba) is established.

(2) Schedule 1 makes further provision about the constitution of Community Justice Scotland.

Functions

4

(1) Community Justice Scotland's main functions are—

(a) to promote the national strategy (see section 37(1)),

(b) to monitor, promote and support improvement in, and keep the Scottish Ministers informed about, performance in the provision of community justice (and in particular, performance in relation to the achievement of the nationally determined outcomes),

(i) improvement in the quality and range of provision of community justice (and in particular, improvement in meeting the needs of persons mentioned in subsection (2)),

(ii) making the best use of the facilities, people and other resources available to provide community justice,

(d) to promote public awareness of benefits arising from—

(i) persons who are convicted of offences being sentenced to community disposals rather than imprisonment or detention in penal institutions, and

(ii) managing and supporting persons falling within section 1(3), (6) or (7) with a view to them not offending in future or, if that is not realistic, reducing future offending by them.

(2) The persons referred to in subsection (1)(c)(i) are persons who—

(a) fall within section 1(3), (6) or (7), or

(b) are being prepared for release, having been convicted of offences and sentenced to imprisonment or detention in penal institutions.

(3) In subsection (1)(d)(i), “community disposals” has the same meaning as in section 1.

(4) Community Justice Scotland also has the other functions conferred on it by virtue of this or any other enactment.

(5) The Scottish Ministers may by regulations—

(a) confer additional functions in relation to community justice on Community Justice Scotland,

(b) transfer functions in relation to community justice from another person to Community Justice Scotland,

(c) make changes to functions of Community Justice Scotland (but only if the changed function is a function in relation to community justice),

(d) remove from Community Justice Scotland functions conferred by virtue of paragraph (a),

(e) transfer to another person functions transferred to Community Justice Scotland by virtue of paragraph (b).

(6) Regulations under subsection (5) may modify this or any other enactment.

(7) Before making regulations under subsection (5), the Scottish Ministers must consult—

(a) Community Justice Scotland,

(b) each of the other community justice partners (see section 13(1)), and

(8) Regulations under subsection (5) are subject to the affirmative procedure.

General powers

5

Community Justice Scotland may do anything which appears to it—

(a) to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions,

(b) to be otherwise conducive to the exercise of its functions.

Provision of information, advice and assistance

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A community justice partner (other than the Scottish Ministers) must comply with any reasonable request from Community Justice Scotland to provide information, advice or assistance to it for the purposes of, or in any connection with, any of its functions.

Funding

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(1) The Scottish Ministers may make grants to Community Justice Scotland.

(2) Such a grant may be—

(a) for the general purpose of enabling Community Justice Scotland to exercise its functions, or

(b) for a particular purpose in connection with any of those functions.

(3) A grant under this section is subject to such conditions (including as to repayment) as the Scottish Ministers may determine.

Directions and guidance

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(1) Community Justice Scotland must—

(a) comply with any general or specific direction issued by the Scottish Ministers about the exercise of its functions,

(b) have regard to any guidance issued by the Scottish Ministers about the exercise of its functions.

(2) The Scottish Ministers must—

(a) lay a copy of any such direction or guidance before the Scottish Parliament, and

(b) publish it.

(3) The Scottish Ministers may vary or revoke a direction or guidance issued under this section.

(4) Subsections (1) to (3) apply to a direction or guidance which has been varied under subsection (3) as they apply to the original direction or guidance.

Governance and accountability

9

Community Justice Scotland must, so far as reasonably practicable, operate in a way which—

(a) is proportionate, transparent and accountable, and

(b) is consistent with any other principle of good governance which appears to it to constitute best practice.

Corporate plan

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(1) Community Justice Scotland must prepare for approval by the Scottish Ministers a plan setting out how it intends to exercise its functions.

(2) The plan must include information on how Community Justice Scotland intends to comply with section 9.

(3) In preparing the plan, Community Justice Scotland must—

(a) have regard to the national strategy, and

(b) consult—

(i) each of the community justice partners,

(ii) such third sector bodies involved in community justice (see section 14(1)) as it considers appropriate, and

(iii) such other persons as it considers appropriate.

(4) The plan must be submitted to the Scottish Ministers as soon as reasonably practicable after the establishment of Community Justice Scotland.

(5) The Scottish Ministers must—

(a) approve the plan, or

(b) approve the plan with such modifications as they consider appropriate.

(6) Before approving the plan with modifications the Scottish Ministers must consult Community Justice Scotland.

(7) As soon as reasonably practicable after the plan is approved (with or without modifications), the Scottish Ministers must lay a copy of the plan before the Scottish Parliament.

(8) Community Justice Scotland must publish the plan as soon as reasonably practicable after a copy of it has been laid before the Scottish Parliament under subsection (7).

(9) Community Justice Scotland—

(a) must review the plan as soon as reasonably practicable after the publication of a revised strategy under section 16, and

(b) may review the plan at any other time.

(10) Community Justice Scotland may, in consequence of such a review, prepare and submit to the Scottish Ministers for approval a revised plan.

(11) Subsections (2), (3) and (5) to (10) apply to a revised plan as they apply to the original plan.

Annual reports on exercise of functions

11

(1) Community Justice Scotland must, as soon as reasonably practicable after the end of each financial year—

(a) prepare a report on the exercise of its functions during that financial year, and

(b) send a copy of the report to the Scottish Ministers.

(2) Community Justice Scotland may include in a report such other information about its operation as it considers appropriate.

(3) In preparing a report, Community Justice Scotland must consult—

(a) each of the community justice partners,

(b) such third sector bodies involved in community justice as it considers appropriate, and

(4) The Scottish Ministers must lay a copy of each report before the Scottish Parliament.

(5) As soon as practicable after a copy of a report has been laid before the Scottish Parliament under subsection (4), Community Justice Scotland must publish the report.

Accounts

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(1) Community Justice Scotland must—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) A statement of accounts prepared under subsection (1)(b) must be in such form, contain such information and be prepared in accordance with such methods or principles, as the Scottish Ministers may direct.

(3) Community Justice Scotland must send a copy of each statement of accounts to the Scottish Ministers as soon as reasonably practicable after the end of each financial year.

(4) The Scottish Ministers must send a copy of each statement of accounts to the Auditor General for Scotland for auditing.

Community justice partners

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(1) The following persons are “community justice partners” for the purposes of this Act—

(a) each local authority,

(b) each health board,

(d) the Scottish Fire and Rescue Service,

(e) Skills Development Scotland,

(f) an integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,

(g) the Scottish Courts and Tribunals Service, and

(h) the Scottish Ministers.

(2) References in this Act to the community justice partners for the area of a local authority are references to the following persons, acting jointly—

(a) the local authority for the area,

(b) the health board for the area, or within whose area the area of the local authority falls,

(d) the Scottish Fire and Rescue Service,

(e) Skills Development Scotland,

(f) any integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 for the area, or within whose area the area of the local authority falls,

(g) the Scottish Courts and Tribunals Service, and

(h) the Scottish Ministers.

(3) The Scottish Ministers may by regulations modify subsection (1) or (2).

(4) Regulations under subsection (3) are subject to the affirmative procedure.

Third sector bodies involved in community justice

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(1) A third sector body is involved in community justice for the purposes of this Act if it—

(a) provides a service falling within subsection (2), or

(b) represents or promotes the interests of—

(i) persons mentioned in subsection (4), or

(ii) other persons who are or may be affected by community justice (see subsection (5)).

(2) A service falls within this subsection if the service—

(a) is provided to persons falling within section 1(3), (6) or (7) and involves managing or supporting them with a view to eliminating or reducing future offending by them, or

(b) is provided to persons who are being prepared for release, having been convicted of offences and sentenced to imprisonment or detention in penal institutions, and involves preparing them for that release.

(3) In subsection (2)(a), “supporting” has the same meaning as in section 1(1)(b).

(4) The persons referred to in subsection (1)(b)(i) are persons who—

(a) fall within section 1(3), (6) or (7), or

(b) are being prepared for release, having been convicted of offences and sentenced to imprisonment or detention in penal institutions.

(5) The persons referred to in subsection (1)(b)(ii) include, in particular—

(a) families of persons mentioned in subsection (4),

(b) victims and families of victims.

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