The Community Service by Offenders (Hours of Work) (Scotland) Order 1996

Made: 17th July 1996

Coming into force: 18th July 1996

The Secretary of State, in exercise of the powers conferred on him by section 238(5) of the Criminal Procedure (Scotland) Act 1995[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has, in accordance with section 238(6) of that Act, been laid before, and has been approved by resolution of, each House of Parliament:

Citation and commencement

1

This Order may be cited as the Community Service by Offenders (Hours of Work) (Scotland) Order 1996 and shall come into force on the day after the day on which it is made.

2

This Order shall apply only in relation to the making of a community service order by a court under section 238 of the Criminal Procedure (Scotland) Act 1995 in respect of an offence committed on or after the day on which the Order comes into force.

Community service orders: minimum and maximum number of hours

3

In subsection (1) of section 238 of the Criminal Procedure (Scotland) Act 1995 (power to impose community service order) for the words “40 nor more than 240” there shall be substituted the words “80 nor more than 300 on conviction on indictment, and not less than 80 nor more than 240 in any other case”.

Signed

James Douglas-Hamilton — Minister of State, — 17th July 1996

Explanatory note

(This note is not part of the Order)

This Order amends section 238(1) of the Criminal Procedure (Scotland) Act 1995 as regards the minimum and maximum number of hours of unpaid work which an offender may be required to perform under a community service order made by the court. The amendments increase the minimum number of hours from 40 to 80 for all cases and increase the maximum number of hours from 240 to 300 for cases where the conviction is on indictment.

Footnotes

[^f00001]: 1995 c. 46.