§ Ms Roseanna CunninghamTo ask the Secretary of State for Scotland (1) how many actions were raised under section 240(1) and (3) of the Criminal Procedures (Scotland) Act 1995 in relation to amendment or revocation of a community service order in the last year for which figures are available; and in how many cases legal aid was available; [19726]
(2) how many actions were raised under paragraph 5(1) and (3) of schedule 7 to the Criminal Procedures (Scotland) Act 1995 in relation to amendment or revocation of a supervised attendance order in the last year for which figures are available; and in how many cases legal aid was available; [19728]
(3) how many actions were raised under (i) section 42 of the Road Traffic Offenders Act 1988 for the removal of a disqualification, (ii) section 232 of the Criminal Procedures (Scotland) Act 1995 in relation to failure to comply with the requirements of a probation order and (iii) section 233 of the Criminal Procedures (Scotland) Act 1995 in relation to the conviction of a probationer by a court in Great Britain of an offence committed during his probation period in the last year for which figures are available; and in how many of these cases in each category legal aid was available; [19735]
(4) how many actions were raised under paragraph 4 of schedule 7 to the Criminal Procedures (Scotland) Act 1995 in relation to failure to comply with the requirements of supervised attendance order in the last year for which figures are available; and in how many of these cases legal aid was available; [19727]
(5) how many actions were raised under section 239(4) to (6) of the Criminal Procedures (Scotland) Act 1995 in relation to failure to comply with the requirements of a community service order in the last year for which figures are available; and in how many of these cases legal aid was available. [19725]
§ Mr. McLeish[holding answer 9 December 1997]: The information available on actions relates to breach of community service orders under Section 239(4) to (6) of the Criminal Procedures (Scotland) Act 1995 of which there were 568 in 1994; no information is available centrally for actions under the other provisions.
As for legal aid, in 1996–97 Assistance by Way of Representation (ABWOR) was granted for 606 cases under Section 42 of the Road Traffic Offenders Act 1988; 1,260 cases under Section 232 of the Criminal Procedures (Scotland) Act 1995; 597 cases under Sections 239(4) to (6)of the 1995 Act; and 84 cases under paragraph 4 of schedule 7 to the 1995 Act.
ABWOR is available for actions under Section 233 of the 1995 Act but no information on numbers is available. For the remaining provisions, criminal legal aid is available for actions but only if it was previously granted in relation to the original procedure which resulted in the orders.