‘Good behaviour’ condition of community payback order ruled incompetent
“It appeared to us that, having regard to the statutory language employed, the Scottish Parliament had, in providing for conduct requirements, as specified in section 227W(2) done so expressly for the purpose of seeking or promoting the good behaviour of the offender or preventing further offending by him. In other words any such requirement is to be seen as providing a means which the court considers necessary to achieve the end of good behaviour on the part of the offender. To impose a requirement to be of good behaviour or to refrain generally from committing criminal offences would be to impose the end as a requirement, not to impose a requirement to seek or promote that end.” Para. 6. http://www.scotcourts.gov.uk/opinions/2012HCJAC96.html
“Court ruling weakens Scottish Government policy on offenders” Scotsman
“Court strikes down community payback order “good behaviour” condition” Law Society Journal Online
See also
Cummings Kirk and Andrew Hunter v. Procurator Fiscal Stirling (June 2012)
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