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The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 4) Order 2008

Type Scottish-Statutory-Instrument
Publication 2008-05-20
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
Source legislation.gov.uk
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Made: 20th May 2008

The Scottish Ministers make the following Order in exercise of the powers conferred by section 84(1) and (2) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007[^f00001].

Citation

1

This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 4) Order 2008.

Interpretation

2

In this Order–

Commencement

3

SCHEDULE — PROVISIONS COMING INTO FORCE ON 2ND JUNE 2008

Column 1 Column 2
(provisions of the 2007 Act) (subject matter)
Section 51, but only for the purpose of making a work order where one or more of the alleged offences in relation to which the work order is to be made was committed in any of the local authority areas of Highland, South Lanarkshire, West Dunbartonshire or West Lothian and in respect of which arrangements have been made by a local authority within those areas for the supervision of any such work order. Work orders
Section 59(1), (3), (4), (5) and (7), in so far as not already commenced, but only for the Sheriffdom of Grampian, Highland and Islands Establishing JP courts
Section 62, in so far as not already commenced, but only for the Sheriffdom of Grampian, Highland and Islands Area and territorial jurisdiction of JP courts
Section 68(4) and (5), but only for the Sheriffdom of Grampian, Highland and Islands Conditions of Office
Section 74, but only for the Sheriffdom of Grampian, Highland and Islands Appointment of stipendiary magistrates
Section 75, but only for the Sheriffdom of Grampian, Highland and Islands Stipendiary magistrates: further provision
Section 77(2), (3) and (5), but only for the Sheriffdom of Grampian, Highland and Islands Records and validity of appointment etc.
Section 80 for the purpose of bringing into force the following paragraphs of the schedule Modification of enactments
Schedule, paragraph 3(a) and (c), but only in the local authority areas of Highland, South Lanarkshire, West Dunbartonshire and West Lothian Modification of the Social Work (Scotland) Act 1968[^f00003]
Schedule, paragraph 4, but only for the Sheriffdom of Grampian, Highland and Islands Modification of the Education (Scotland) Act 1980[^f00004]
Schedule, paragraph 7, but only for the Sheriffdom of Grampian, Highland and Islands Modification of the Road Traffic Offenders Act 1988[^f00005]
Schedule, paragraphs 9(1) to (6), but only for the Sheriffdom of Grampian, Highland and Islands Modification of the 1995 Act
Schedule, paragraph 20(3)(b), but only for the Sheriffdom of Grampian, Highland and Islands Modification of the 1995 Act
Schedule, paragraph 22, but only for the Sheriffdom of Grampian, Highland and Islands Modification of the 1995 Act
Schedule, paragraph 25(a) and (d), but only for the Sheriffdom of Grampian, Highland and Islands Modification of the 1995 Act
Schedule, paragraph 26, but only for the Sheriffdom of Grampian, Highland and Islands Modification of the 1995 Act
Schedule, paragraph 27, in so far as not already commenced, but only for the Sheriffdom of Grampian, Highland and Islands Modification of the Bail, Judicial Appointments etc. (Scotland) Act 2000[^f00006]
Schedule, paragraph 30(a), but only for the Sheriffdom of Grampian, Highland and Islands Modification of the Criminal Justice (Scotland) Act 2003[^f00007]
Schedule, paragraph 32(b) and (c), but only for the Sheriffdom of Grampian, Highland and Islands Modification of the Antisocial Behaviour etc. (Scotland) Act 2004[^f00008]
Schedule, paragraphs 33(1) and (2), but only for the Sheriffdom of Grampian, Highland and Islands and except for the purposes of any statutory instrument made under the 2007 Act Enactments generally: references to district court and justices of the peace

Signed

KENNY MACASKILL — A member of the Scottish Executive — 20th May 2008

Explanatory note

(This note is not part of the Order)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (“the 2007 Act”) received Royal Assent on 22nd February 2007.

Article 3 of this Order brings into force various provisions of the 2007 Act on 2nd June 2008. The provisions coming into force on that date together with the relevant subject matter are listed in the Schedule to the Order.

With the exception of section 51, the provisions commenced by this Order go hand-in-hand with the establishment of JP courts (and the associated disestablishment of district courts) in the Sheriffdom of Grampian, Highland and Islands. The Justice of the Peace Courts (Sheriffdom of Grampian, Highland and Islands) Order 2008 (S.S.I. 2008/93) makes provision as to the establishment and disestablishment of those courts. Similarly the Justice of the Peace Courts (Sheriffdom of Lothian and Borders) etc. Order 2008 (S.S.I. 2008/31) made provision in relation to the establishment of JP courts in the Sheriffdom of Lothian and Borders on 10th March 2008. Further such Orders will be made in relation to the remaining four sheriffdoms to roll-out the establishment of JP courts across the country.

Section 51 of and paragraph 3(a) and (c) of the schedule to the 2007 Act are commenced to a limited extent. Section 51 creates a new direct measure (formerly referred to as an alternative to prosecution) which allows the procurator fiscal to offer an alleged offender the option of performing a period of unpaid work, known as a “work order”, instead of being prosecuted for an alleged offence. This direct measure can be used where a monetary penalty such as a fixed penalty under section 302 of the Criminal Procedure (Scotland) Act 1995 (i.e. a “Fiscal fine”) or a compensation offer under new section 302A are not deemed appropriate. The use of work orders will be the subject of pilot projects within the local authority areas of Highland, South Lanarkshire, West Dunbartonshire and West Lothian prior to consideration of its roll-out across the country. Accordingly, it is commenced only for the purpose of making a work order in relation to an alleged offence committed within one of those local authority areas and to the extent that any such work order would fall to be supervised under arrangements made within those areas.

Paragraph 3(a) and (c) of the schedule to the 2007 Act are consequential modifications to the Social Work (Scotland) Act 1968 which stem from the section 51 provisions. The effect of these modifications is to place a duty on a local authority to provide a service for the purpose of supervising and providing advice guidance and assistance to persons in their area who are subject to work orders. The commencement of this provision, and the consequent imposition of this duty is limited to the local authorities mentioned above.

Footnotes

[^f00001]: 2007 asp 6.

[^f00002]: 1995 c. 46.

[^f00003]: 1968 c. 49.

[^f00004]: 1980 c. 44.

[^f00005]: 1988 c. 53. Paragraphs 7(a) and (d) of the Schedule to the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 were amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Powers of District and JP Courts) Order 2007 (S.I. 2007/3480) to take account of amendments made to the Road Traffic Offenders Act 1988 by that Order.

[^f00006]: 2000 asp 9.

[^f00007]: 2003 asp 7..

[^f00008]: 2004 asp 8..

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