Serious Crime Act 2007

[F122AOrders by High Court of Justiciary and sheriff on convictionU.K.

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(1)Subsection (2) applies where—

(a)the High Court of Justiciary (the “High Court”) is dealing with a person who—

(i)has been convicted by or before the High Court of having committed a serious offence in Scotland, or

(ii)has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or

(b)the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.

(2)The High Court or (as the case may be) the sheriff may, in addition to dealing with the person in relation to the offence, make an order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.

(3)The High Court or sheriff making an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in Scotland must discharge the existing order.

(4)An order under this section may contain—

(a)such prohibitions, restrictions or requirements; and

(b)such other terms;

as the High Court or (as the case may be) the sheriff considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in Scotland.

(5)The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards).

(6)An order must not be made under this section except—

(a)in addition to a sentence imposed in respect of the offence concerned; or

(b)in addition to an order discharging the person absolutely.

(7)An order under this section is also called a serious crime prevention order.]

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