§ Mr. Foulkesasked the Secretary of State for Scotland if he will list all non-custodial provision for adult and juvenile male offenders in Scotland, together with capacities or scope as relevant.
§ Mr. Allan StewartThe information requested is set out in the following table:
Non-Custodial Disposals and Provisions (Disposals apply to both adult and juvenile offenders unless otherwise indicated)
Fines: Available to all criminal courts subject to the following maxima; District Court, as specified by statute or £200 for common law offences. Sheriff Court, summary procedure, as specified by statute or the prescribed sum (presently £1,000) for common law offences; solemn procedure, an unlimited sum; High Court, an unlimited sum.
Probation orders: Available to all criminal courts for offenders of or over 16 years of age; probation orders may last for not less than one year and not more than three.
Community service orders: Orders may be made as an alternative to a custodial sentence in respect of offenders of or over 16 years of age convicted of an offence punishable by imprisonment. Presently available in 23 sheriff court districts and 10 local authority areas; it is intended to extend this provision to all criminal courts. Duration of community service must be no less than 40 hours and no more than 240 hours.
Compensation orders: Available to all criminal courts subject to the following maxima: District Court, £200; Sheriff Court, summary, £1,000; solemn, Unlimited; High Court, Unlimited.
Home or residential supervision order: Available to children's hearing panels for juveniles up to 16 years of age; duration of not more than one year.
Deferred sentence: Available to all criminal courts; deferment to last for such period and on such conditions as the court may determine.
Caution or good behaviour: Available to courts of summary jurisdiction subject to the following maxima: District Court 6 months and £50; Sheriff Court, 12 months and £150.
Forfeiture order: Available to all criminal courts.
Admonition: Available to all criminal courts.
Absolute discharge: Available to all criminal courts.