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Crime and Punishment (Scotland) Act 1997 (c. 48)

(The document as of February, 2008)

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Crime and Punishment (Scotland) Act 1997

1997 CHAPTER 48

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Sentencing

    1. Automatic sentences

      1. 1. Imprisonment for life on further conviction for certain offences.

      2. 2. Minimum sentence for third conviction of certain offences relating to drug trafficking.

      3. 3. Meaning of "conviction".

      4. 4. Imposition of supervised release orders on conviction of qualifying offence.

    2. Restriction of liberty orders

      1. 5. Restriction of liberty orders.

    3. Mentally disordered offenders

      1. 6. Disposal in cases of mentally disordered offenders.

      2. 7. Effect of hospital direction.

      3. 8. Remand of persons suffering from mental disorder to private hospital.

      4. 9. Power to specify hospital unit.

      5. 10. Medical evidence in relation to mentally disordered offenders.

      6. 11. Increase in maximum period of interim hospital orders.

      7. 12. Sentence calculation where remand spent in hospital.

    4. Increases in sentencing powers and penalties

      1. 13. Increase in sentences available to sheriff and district courts.

      2. 14. Increase in maximum penalty for certain sexual offences.

    5. Powers of court to disqualify from driving

      1. 15. Driving disqualifications.

    6. Miscellaneous

      1. 16. Designated life prisoners.

  2. Part II

    Criminal Procedure

    1. Appeals

      1. 17. Right of appeal.

      2. 18. Automatic sentences: jurisdiction and appeals.

      3. 19. Appeal against automatic sentence where earlier conviction quashed.

      4. 20. Transfer of rights of appeal of deceased person.

      5. 21. Increased rights of appeal of prosecutor.

      6. 22. Appeal by prosecutor against hospital orders etc.

      7. 23. Appeals against orders under section 49 of the 1995 Act.

      8. 24. Suspension of certain sentences pending determination of appeal.

    2. The Scottish Criminal Cases Review Commission

      1. 25. Scottish Criminal Cases Review Commission.

    3. Evidential provisions

      1. 26. Evidence concerning certain orders.

      2. 27. Proof of age.

      3. 28. Evidence from certain official documents.

      4. 29. Evidence of vulnerable persons: special provisions.

      5. 30. Routine evidence.

      6. 31. Previous convictions in solemn proceedings.

      7. 32. Supervision and care of persons diverted from prosecution or subject to supervision requirement.

  3. Part III

    Prisoners

    1. Chapter I

      Early release

      1. Early release

        1. 33. Application of provisions with respect to early release.

        2. 34. Early release.

        3. 35. Prisoners held on remand.

        4. 36. Amendments to 1989 Act.

        5. 37. Suspension of period of early release.

        6. 38. Commission of offence within certain period of release from prison to be aggravation.

      2. Application of early release provisions in certain cases

        1. 39. Fine defaulters and persons convicted of contempt of court.

        2. 40. Persons liable to removal from the United Kingdom.

        3. 41. Mentally disordered offenders.

    2. Chapter II

      Treatment of prisoners

      1. 42. Testing of prisoners for alcohol.

      2. 43. Medical services in prisons.

      3. 44. Unlawful disclosure of information.

  4. Part IV

    Police

    1. Police funding and organisation

      1. 45. Police grant.

      2. 46. Common police services.

    2. Collection and use of records

      1. 47. Record of evidence taken from external parts of body.

      2. 48. Samples etc. from persons convicted of sexual and violent offences.

  5. Part V

    Criminal Legal Assistance

    1. 49. Criminal legal assistance.

    2. Employment of solicitors

      1. 50. Employment of solicitors in relation to criminal legal assistance.

    3. Fixed payments for criminal legal assistance

      1. 51. Fixed payments.

      2. 52. Contracts for the provision of criminal legal assistance.

    4. Powers of investigation

      1. 53. Power of investigation of Scottish Legal Aid Board.

      2. 54. Regulations in relation to criminal legal assistance.

  6. Part VI

    Miscellaneous and General

    1. Miscellaneous

      1. 55. Liberation of child by police.

      2. 56. Powers of the court on remand or committal of children and young persons.

      3. 57. Precognitions.

      4. 58. Information concerning jurors.

      5. 59. Certification of previous convictions in criminal proceedings.

      6. 60. Grants for forensic medical services.

      7. 61. Confiscation of alcohol from persons under 18.

    2. General

      1. 62. Minor and consequential amendments and repeals.

      2. 63. Financial provisions.

      3. 64. Interpretation.

      4. 65. Short title, commencement and extent.

  7. Schedules:

    1. Schedule 1

      Minor and Consequential Amendments.

    2. Schedule 2

      Transitional provisions with respect to early release.

    3. Schedule 3

      Repeals.

An Act to make provision as respects Scotland in relation to criminal appeals, the disposal of offenders, criminal procedure, evidence in criminal proceedings, the treatment and early release of prisoners, offences committed by newly released prisoners, criminal legal assistance, the police, confiscation of alcohol from persons under 18, sex offenders and the payment by the Lord Advocate of grants for the provision of forensic medical services; to enable courts in England and Wales and Northern Ireland to remit offenders to courts in Scotland in certain circumstances; to make amendments consequential upon the provisions of this Act to the law in other parts of the United Kingdom; and for connected purposes.

[21st March 1997]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Sentencing

Automatic sentences

1 Imprisonment for life on further conviction for certain offences

(1) After section 205 of the 1995 Act there shall be inserted the following section--

" 205A Imprisonment for life on further conviction for certain offences

(1) This section applies where a person--

(a) is convicted on indictment in the High Court of a qualifying offence committed after the relevant date; and

(b) at the time when the offence mentioned in paragraph (a) above was committed, he had attained the age of at least 18 years and had a conviction for a qualifying offence which was obtained on indictment in the High Court or for any relevant offence, irrespective of--

(i) whether that offence was committed before or after the relevant date; and

(ii) his age at the time of the commission of that offence.

(2) Subject to subsection (3) below, where this section applies the High Court shall sentence the person--

(a) where he has attained the age of 21 years, to imprisonment for life;

(b) where he has attained the age of 18 years but is under the age of 21 years, to be detained for life, and a person so sentenced shall be liable to be detained in a young offenders institution.

(3) Notwithstanding subsection (2) above, if the High Court is of the opinion that it would be in the interests of justice for it to pass a sentence other than the sentence which that subsection would require it to pass, it may decline to pass that sentence and may instead pass any sentence which it otherwise has power to pass in respect of a conviction for that offence.

(4) For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a qualifying offence shall not be regarded as a sentence fixed by law for that offence.

(5) In this section--

  • "qualifying offence" means any offence mentioned in Part I of Schedule 5A to this Act;

  • "the relevant date" means the date on which section 1 of the Crime and Punishment (Scotland) Act 1997 comes into force; and

  • "relevant offence" means any offence mentioned in Part II of Schedule 5A to this Act. " .

(2) After Schedule 5 to the 1995 Act, there shall be inserted the following Schedule--



" Schedule 5A Offences for the purposes of section 205A of this Act


Part I Qualifying offences

1 Culpable homicide.

2 Attempted murder, incitement to commit murder or conspiracy to commit murder.

3 Rape or attempted rape.

4 Clandestine injury to women or an attempt to cause such injury.

5 Sodomy or attempted sodomy where, in either case, the complainer, that is to say the person against whom the offence was committed, did not consent.

6 Assault, where the assault--

(a) is aggravated because it was carried out to--

(i) the victim's severe injury; or

(ii) the danger of the victim's life; or

(b) was carried out with an intention to rape or to ravish the victim.

7 Robbery, where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm.

8 Any offence committed by contravention of--

(a) section 16 (possession of a firearm with intent to endanger life or cause serious injury);

(b) section 17 (use of firearm to resist arrest); or

(c) section 18 (having a firearm for purpose of committing an offence listed in Schedule 2), of the [1968 c. 27.] Firearms Act 1968.

9 Lewd, indecent or libidinous behaviour or practices.

10 Any offence committed by contravention of section 5(1) of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under the age of thirteen years).



Part II Relevant offences

11 Any of the following offences committed in England and Wales, namely--

(a) an attempt to commit murder, a conspiracy to commit murder or an incitement to murder;

(b) an offence under section 4 of the [1861 c. 100.] Offences Against the Person Act 1861 (soliciting murder);

(c) manslaughter;

(d) an offence under section 18 of the Offences Against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent);

(e) rape or an attempt to commit rape;

(f) an offence under section 5 of the [1956 c. 69.] Sexual Offences Act 1956 (intercourse with a girl under 13);

(g) any offence committed by contravention of--

(i) section 16 (possession of a firearm with intent to endanger life or cause serious injury);

(ii) section 17 (use of firearm to resist arrest); or

(iii) section 18 (carrying a firearm with criminal intent)

of the Firearms Act 1968;

(h) robbery, where, at some time during the commission of the offence the offender had in his possession a firearm or imitation firearm.

12 Any of the following offences committed in Northern Ireland, namely--

(a) an offence mentioned in sub-paragraphs (a) to (e) of paragraph 11 above;

(b) an offence under section 4 of the [1885 c. 69.] Criminal Law Amendment Act 1885 (intercourse with a girl under 14);

(c) an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the [S.I. 1981/155 (N.I.2).] Firearms (Northern Ireland) Order 1981; and

(d) robbery, where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.



Part III Interpretation

13 In paragraphs 7 and 11(h) above "firearm" and "imitation firearm" have the meanings respectively given to them by section 57 of the [1968 c. 27.] Firearms Act 1968. " .

2 Minimum sentence for third conviction of certain offences relating to drug trafficking

(1) After section 205 of the 1995 Act there shall be inserted the following section--

" 205B Minimum sentence for third conviction of certain offences relating to drug trafficking

(1) This section applies where--

(a) a person is convicted on indictment in the High Court of a class A drug trafficking offence committed after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

(b) at the time when that offence was committed, he had attained the age of at least 18 years and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences, irrespective of--

(i) whether either of those offences was committed before or after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

(ii) the court in which any such conviction was obtained; and

(iii) his age at the time of the commission of either of those offences; and

(c) one of the offences mentioned in paragraph (b) above was committed after he had been convicted of the other.

(2) Subject to subsection (3) below, where this section applies the court shall sentence the person--

(a) where he has attained the age of 21 years, to a term of imprisonment of at least seven years; and

(b) where he has attained the age of 18 years but is under the age of 21 years, to detention in a young offenders institution for a period of at least seven years.

(3) The court shall not impose the sentence otherwise required by subsection (2) above where it is of the opinion that there are specific circumstances which--

(a) relate to any of the offences or to the offender; and

(b) would make that sentence unjust.

(4) For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a class A drug trafficking offence shall not be regarded as a sentence fixed by law for that offence.

(5) In this section "class A drug trafficking offence" means a drug trafficking offence committed in respect of a class A drug; and for this purpose--

  • "class A drug" has the same meaning as in the [1971 c. 38.] Misuse of Drugs Act 1971;

  • "drug trafficking offence" means a drug trafficking offence within the meaning of--

    (i)

    the [1994 c. 37.] Drug Trafficking Act 1994;

    (ii)

    the [1995 c. 43] Proceeds of Crime (Scotland) Act 1995; or

    (iii)

    the [S.I. 1996/1299 (N.I. 9).] Proceeds of Crime (Northern Ireland) Order 1996. " .

(2) In section 196 of the 1995 Act (sentence following guilty plea)--

(a) the existing words shall become subsection (1); and

(b) at the end there shall be added the following subsection--

" (2) Where the court is passing sentence on an offender under section 205B(2) of this Act and that offender has pled guilty to the offence for which he is being so sentenced, the court may, after taking into account the matters mentioned in paragraphs (a) and (b) of subsection (1) above, pass a sentence of less than seven years imprisonment or, as the case may be, detention but any such sentence shall not be of a term of imprisonment or period of detention of less than five years, two hundred and nineteen days. " .

3 Meaning of "conviction"

After section 205 of the 1995 Act there shall be inserted the following section--

" 205C Meaning of "conviction" for purposes of sections 205A and 205B

(1) For the purposes of paragraph (b) of subsection (1) of each of sections 205A and 205B of this Act "conviction" includes--

(a) a finding of guilt in respect of which the offender was admonished under section 181 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (admonition); and

(b) a conviction for which an order is made placing the offender on probation,

and related expressions shall be construed accordingly.

(2) This subsection applies where a person has at any time been convicted of an offence under--

(a) section 70 of the [1955 c. 18.] Army Act 1955;

(b) section 70 of the [1955 c. 19.] Air Force Act 1955; or

(c) section 42 of the [1957 c. 53.] Naval Discipline Act 1957.

(3) Where subsection (2) above applies and the corresponding civil offence (within the meaning of the Act under which the offence was committed) was--

(a) a relevant offence within the meaning of section 205A of this Act; or

(b) a Class A drug trafficking offence within the meaning of section 205B of this Act,

that section shall have effect as if he had been convicted in England and Wales of the corresponding civil offence. " .

4 Imposition of supervised release orders on conviction of qualifying offence

(1) Section 209 of the 1995 Act (supervised release orders) shall be amended in accordance with this section.

(2) For subsection (1) there shall be substituted the following subsections--

" (1) Where a person is convicted of an offence and is sentenced to imprisonment for a determinate term, the court on passing sentence--

(a) subject to subsection (1A) below, where the conviction is in proceedings on indictment for an offence which is a qualifying offence within the meaning of section 205A of this Act, shall; and

(b) in any other case, if it considers that it is necessary to do so to protect the public from serious harm from the offender, may,

make such an order as is mentioned in subsection (3) below.

(1A) Notwithstanding paragraph (a) of subsection (1) above, if the court is of the opinion that there are exceptional circumstances which justify its not making a supervised release order, the court may decline to make such an order. " .

(3) In subsection (7), for the definition of "relevant period" there shall be substituted the following definition--

" "relevant period" means such period as may be specified in the order, being, where a supervised release order is imposed--

(i) in a case such as is referred to in subsection (1)(b) above, or following conviction on indictment for one of the offences mentioned in paragraphs 1, 2, 6(a), 7 or 8 of Schedule 5A to this Act, such period as is mentioned in subsection (9)(a) below;

(ii) following conviction on indictment for one of the offences mentioned in paragraphs 3, 4, 5, 6(b), 9 or 10 of Schedule 5A to this Act, such period as is mentioned in subsection (9)(b) below; " .

(4) In subsection (8) after the words "section 207" there shall be inserted the words "or 208".

(5) After subsection (8) there shall be inserted the following subsections--

" (9) Subject to subsection (11) below, the periods referred to in the definition of "relevant period" in subsection (7) above are--

(a) a period, beginning on the day on which the person is released--

(i) of not less than three months; and

(ii) not exceeding whichever is the greater of two years or one quarter of the full sentence of imprisonment from which the person is being released; and

(b) a period, beginning on the day on which the person is released--

(i) of not less than three months; and

(ii) not exceeding ten years.

(10) For the purposes of this section "court" does not include a district court except where constituted by a stipendiary magistrate.

(11) No court may impose a supervised release order for a period longer than the maximum period of imprisonment which that court may impose for a common law offence. " .



Restriction of liberty orders

<<<< >>>>

5 Restriction of liberty orders

After section 245 of the 1995 Act there shall be inserted the following sections--



" Restriction of liberty orders
245A Restriction of liberty orders

(1) Without prejudice to section 245D of this Act, where a person of 16 years of age or more is convicted of an offence (other than an offence the sentence for which is fixed by law) the court, if it is of opinion that it is the most appropriate method of disposal, may make an order under this section (in this Act referred to as a "restriction of liberty order") in respect of him; and in this section and sections 245B to 245I of this Act any reference to an "offender" is a reference to a person in respect of whom an order has been made under this subsection.

(2) A restriction of liberty order may restrict the offender's movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision--

(a) requiring the offender to be in such place as may be specified for such period or periods in each day or week as may be specified;

(b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified,

but the court may not, under paragraph (a) above, require the offender to be in any place or places for a period or periods totalling more than 12 hours in any one day.

(3) A restriction of liberty order may be made for any period up to 12 months.

(4) Before making a restriction of liberty order, the court shall explain to the offender in ordinary language--

(a) the effect of the order, including any requirements which are to be included in the order under section 245C of this Act;

(b) the consequences which may follow any failure by the offender to comply with the requirements of any order; and

(c) that the court has power under section 245E of this Act to review the order on the application either of the offender or of any person responsible for monitoring the order,

and the court shall not make the order unless the offender agrees to comply with its requirements.

(5) The clerk of the court by which a restriction of liberty order is made shall--

(a) cause a copy of the order to be sent to any person who is to be responsible for monitoring the offender's compliance with the order; and

(b) cause a copy of the order to be given to the offender or sent to him by registered post or by the recorded delivery service; and an acknowledgment or certificate of delivery of a letter containing such copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgment or certificate.

(6) Before making a restriction of liberty order which will require the offender to remain in a specified place or places the court shall obtain and consider information about that place or those places, including information as to the attitude of persons likely to be affected by the enforced presence there of the offender.

(7) A restriction of liberty order shall be taken to be a sentence for the purposes of this Act and of any appeal.

(8) The Secretary of State may by regulations prescribe--

(a) which courts, or class or classes of courts, may make restriction of liberty orders;

(b) what method or methods of monitoring compliance with such orders may be specified in any such order by any such court; and

(c) the class or classes of offenders in respect of which restriction of liberty orders may be made,

and different provision may be made in relation to the matters mentioned in paragraphs (b) and (c) above in relation to different courts or classes of court.

(9) Without prejudice to the generality of subsection (8) above, in relation to district courts, regulations under that subsection may make provision as respects such courts by reference to whether the court is constituted by a stipendiary magistrate or by one or more justices.

(10) Regulations under subsection (8) above may make such transitional and consequential provisions, including provision in relation to the continuing effect of any restriction of liberty order in force when new regulations are made, as the Secretary of State considers appropriate.

(11) A court shall not make a restriction of liberty order which requires an offender to be in or, as the case may be, not to be in, a particular place or places unless it is satisfied that his compliance with that requirement can be monitored by the means of monitoring which it intends to specify in the order.

(12) The Secretary of State may by regulations substitute for the period of--

(a) hours for the time being mentioned in subsection (2) above; or

(b) months for the time being mentioned in subsection (3) above,

such period of hours or, as the case may be, months as may be prescribed in the regulations.

(13) Regulations under this section shall be made by statutory instrument.

(14) A statutory instrument containing regulations made under subsection (8) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(15) No regulations shall be made under subsection (12) above unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

245B Monitoring of restriction of liberty orders

(1) Where the Secretary of State, in regulations made under section 245A(8) of this Act, empowers a court or a class of court to make restriction of liberty orders he shall notify the court or each of the courts concerned of the person or class or description of persons who may be designated by that court for the purpose of monitoring an offender's compliance with any such order.

(2) A court which makes a restriction of liberty order in respect of an offender shall include provision in the order for making a person notified by the Secretary of State under subsection (1) above, or a class or description of persons so notified, responsible for the monitoring of the offender's compliance with it.

(3) Where the Secretary of State changes the person or class or description of persons notified by him under subsection (1) above, any court which has made a restriction of liberty order shall, if necessary, vary the order accordingly and shall notify the variation to the offender.

245C Remote monitoring

(1) The Secretary of State may make such arrangements, including contractual arrangements, as he considers appropriate with such persons, whether legal or natural, as he thinks fit for the remote monitoring of the compliance of offenders with restriction of liberty orders, and different arrangements may be made in relation to different areas or different forms of remote monitoring.

(2) A court making a restriction of liberty order which is to be monitored remotely may include in the order a requirement that the offender shall, either continuously or for such periods as may be specified, wear or carry a device for the purpose of enabling the remote monitoring of his compliance with the order to be carried out.

(3) The Secretary of State shall by regulations specify devices which may be used for the purpose of remotely monitoring the compliance of an offender with the requirements of a restriction of liberty order.

(4) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

245D Concurrent probation and restriction of liberty orders

(1) Notwithstanding sections 228(1) and 245A(1) of this Act, where the court--

(a) intends to make a restriction of liberty order under section 245A(1); and

(b) considers it expedient--

(i) having regard to the circumstances, including the nature of the offence and the character of the offender; and

(ii) having obtained a report as to the circumstances and character of the offender,

that the offender should also be subject to a probation order made under section 228(1) of this Act,

it may make both such orders in respect of the offender.

(2) Where the court makes both a restriction of liberty order and a probation order by virtue of subsection (1) above, the clerk of the court shall send a copy of each order to both--

(a) any person responsible for monitoring the offender's compliance with the restriction of liberty order; and

(b) the officer of the local authority who is to supervise the probationer.

(3) Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above--

(a) if the failure relates to a requirement contained in a probation order and is dealt with under section 232(2)(c) of this Act, the court may, in addition, exercise the power conferred by section 245F(2)(b) of this Act in relation to the restriction of liberty order; and

(b) if the failure relates to a requirement contained in a restriction of liberty order and is dealt with under section 245F(2)(b) of this Act, the court may, in addition, exercise the power conferred by section 232(2)(c) in relation to the probation order.

(4) Where the offender by an act or omission fails to comply with both a requirement contained in a probation order and a requirement contained in a restriction of liberty order to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (3) above, be dealt with as respects that act or omission either under section 232(2) of this Act or under section 245F(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.

245E Variation of restriction of liberty order

(1) Where a restriction of liberty order is in force either the offender or any person responsible for monitoring his compliance with the order may apply to the court which made the order for a review of it.

(2) On an application made under subsection (1) above, and after hearing both the offender and any person responsible for monitoring his compliance with the order, the court may by order, if it appears to it to be in the interests of justice to do so--

(a) vary the order by--

(i) amending or deleting any of its requirements;

(ii) inserting further requirements; or

(iii) subject to subsection (3) of section 245A of this Act, increasing the period for which the order has to run; or

(b) revoke the order.

(3) Where the court, on the application of a person other than the offender, proposes to--

(a) exercise the power conferred by paragraph (a) of subsection (2) above to vary (otherwise than by deleting a requirement) a restriction of liberty order, it shall issue a citation requiring the offender to appear before the court and section 245A(4) shall apply to the variation of such an order as it applies to the making of an order; and

(b) exercise the power conferred by subsection (2)(b) above to revoke such an order and deal with the offender under section 245G of this Act, it shall issue a citation requiring him to appear before the court.

(4) If an offender fails to appear before the court after having been cited in accordance with subsection (3) above, the court may issue a warrant for his arrest.

245F Breach of restriction of liberty order

(1) If at any time when a restriction of liberty order is in force it appears to the court which made the order that the offender has failed to comply with any of the requirements of the order the court may issue a citation requiring the offender to appear before the court at such time as may be specified in the citation or, if it appears to the court to be appropriate, it may issue a warrant for the arrest of the offender.

(2) If it is proved to the satisfaction of the court that the offender has failed without reasonable excuse to comply with any of the requirements of the order the court may by order--

(a) without prejudice to the continuance in force of the order, impose a fine not exceeding level 3 on the standard scale;

(b) vary the restriction of liberty order; or

(c) revoke that order.

(3) A fine imposed under this section in respect of a failure to comply with the requirements of a restriction of liberty order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.

(4) Where the court varies a restriction of liberty order under subsection (2) above it may do so in any of the ways mentioned in paragraph (a) of section 245E(2) of this Act.

245G Disposal on revocation of restriction of liberty order

(1) Where the court revokes a restriction of liberty order under section 245E(2)(b) or 245F(2) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made, but in so doing the court shall have regard to the time for which the order has been in operation.

(2) Where the court revokes a restriction of liberty order as mentioned in subsection (1) above, and the offender is, by virtue of section 245D(1) of this Act, subject to a probation order, it shall, before disposing of the offender under subsection (1) above, discharge the probation order.

245H Documentary evidence in proceedings under section 245F

(1) Evidence of the presence or absence of the offender at a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents bearing to be--

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