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Section 138(2).
The following Forms are additional to those contained in Schedule 2 to this Act, all of which, in so far as applicable to charges which may be tried summarily, are deemed to be incorporated in this Schedule:—
You did assault A.L. and strike him with your fists.
You did conduct yourself in a disorderly manner and commit a breach of the peace.
You did threaten violence to the lieges and commit a breach of the peace.
You did fight and commit a breach of the peace.
You did publicly expose your person in a shameless and indecent manner in presence of the lieges.
You did obtain from A.N. board and lodging to the value of £16 without paying and intending not to pay therefor.
You did maliciously knock down 20 metres of the coping of a wall forming the fence between two fields on the said farm.
You did maliciously place a block of wood on the railway line and attempt to obstruct a train.
You did drive a horse and cart recklessly to the danger of the lieges.
You did break into a poultry house and steal three fowls.
You did steal a coat which you obtained from R.O. on the false representation that you had been sent for it by her husband.
having received from D.G. £6 to hand to E.R., you did on (date) at (place) steal the said sum.
having received from G.R. a watch in loan, you did on at , sell it to E.G., and steal it.
having found a watch, you did, without trying to discover its owner, sell it on at , to O.R., and steal it.
You did acquire from K.O., a private in the Third Battalion a military jacket and waist belt, contrary to section 195 of the Army Act 1955.
You, being a person whose estate has been sequestrated, did obtain credit from W.A. to the extent of £260 without informing him that your estate had been sequestrated and that you had not received your discharge, contrary to section 67(9) of the Bankruptcy (Scotland) Act 1985.
You, being the occupier of the said house, did use the same for the purpose of betting with persons resorting thereto, contrary to section 1 of the Betting, Gaming and Lotteries Act 1963.
You did frequent and loiter in the said street for the purpose of betting and receiving bets, contrary to section 8 of the Betting, Gaming and Lotteries Act 1963.
You did assault L.S., a constable of the Police, while engaged in the execution of his duty, and with a stick strike him on the face to the great effusion of blood contrary to section 41 of the Police (Scotland) Act 1967.
You did cruelly ill-treat a horse by causing it to draw a cart while it was suffering from a sore on its back under the saddle, contrary to section 1 of the Protection of Animals (Scotland) Act 1912.
You did wilfully neglect your children K.I., aged seven years; J.I., aged five years; and H.I., aged three years, by failing to provide them with adequate food and clothing, and by keeping them in a filthy and verminous condition, contrary to section 12 of the Children and Young Persons (Scotland) Act 1937.
You are the owner of a dog which is dangerous and not kept under proper control, and which on in did chase a flock of sheep, contrary to section 2 of the Dogs Act 1871, section 2, as amended by section 1 of the Dogs Act 1906, whereby you are liable to be ordered to keep the said dog under proper control or to destroy it.
You, being a parent of D.U., a child of school age, aged , who has attended school, and the said child having failed, between and , without reasonable excuse, to attend regularly at the said school, you are thereby guilty of an offence against section 35 of the Education (Scotland) Act 1980.
being an unauthorised place you did keep for sale 75 kilograms of gunpowder, contrary to the Explosives Act 1875, section 5.
You did keep 78 kilograms of gunpowder, and did not keep it in a fireproof safe, contrary to the Explosives Act 1875, section 22 and section 3, subsection (1), Mode B, of the Order in Council dated 26th October 1896.
You did sell and deliver to N.C. to his prejudice an article of food namely; gallons of sweet milk which was not of the nature, substance and quality of the article demanded by him and was not genuine sweet milk in respect that it was deficient in milk fat to the extent of per cent, or thereby in that it contained only per cent, of milk fat, conform to certificate of analysis granted on (date) by A.N. analytical chemist (address), public analyst for (a copy of which certificate of analysis is annexed hereto) of a sample of the said milk taken (specify time and place) by L.O., duly appointed sampling officer for , acting under the direction of the local authority for the said burgh, while the said milk was in course of delivery to the said N.C. contrary to the Food Act 1984, and the Sale of Milk Regulations 1901.
You did take part in gaming in the street contrary to sections 5 and 8 of the Gaming Act 1968.
You did by night enter on the said land with nets for the purpose of taking game, contrary to section 1 of the Night Poaching Act 1828; or
You did by night unlawfully take six rabbits, contrary to, etc.
You did in the daytime trespass on the said land in search of pursuit of game (or rabbits), contrary to section 1 of the Game (Scotland) Act 1832.
You were found in the possession of five hares, a net and six net pins, which hares you had obtained by unlawfully going on land in search or pursuit of game, and which net and nets pins you had used for unlawfully killing or taking game, or you had been accessory thereto, contrary to section 2 of the Poaching Prevention Act 1862.
You did present or cause to be presented to W.E., Assessors for a return in which you falsely stated that the yearly rent of your House. No. Street, , was £20, instead of £30, contrary to section 7 of the Lands Valuation (Scotland) Act 1854.
You did sell a half gill of whisky to J.M., who was then a drunken person, contrary to your certificate and section 76 of the Licensing (Scotland) Act 1976.
You were found drunk and incapable of taking care of yourself, and not under the care or protection of some suitable person, contrary to section 74(2) of the Licensing (Scotland) Act 1976.
You did drive a motor car recklessly contrary to section 2 of the Road Traffic Act 1988.
You did act as a pedlar without having obtained a certificate, contrary to section 4 of the Pedlars' Act 1871.
You did place in a Post Office letter box a lighted match, contrary to section 60 of the Post Office Act 1953.
You did travel in a railway carriage without having previously paid your fare, and with intent to avoid payment thereof, contrary to section 5(3)(a) of the Regulation of Railways Act 1889.
having on within the house No. Street, given birth to a female child, you did fail, within twenty-one days thereafter, to attend personally and give information to C.W., registrar of births, deaths, and marriages for (Registration District), of the particulars required to be registered concerning the birth, contrary to sections 14 and 53 of the Registration of Births, Deaths, and Marriages (Scotland) Act 1965.
You did take two salmon during the annual close time by means of cobles and sweep nets, contrary to section 15 of the Salmon Fisheries (Scotland) Act 1868.
You had in your possession for use for trade a counter balance which was false, and two weights, which were unjust, contrary to the Weights and Measures Act 1985, section 17.
Section 231(1)
1 A probation order may on the application of the officer supervising the probationer or of the probationer be discharged—
(a) by the appropriate court; or
(b) if no appropriate court has been named in the original or in any amending order, by the court which made the order.
2 (1) If the court by which a probation order was made, or the appropriate court, is satisfied that the probationer proposes to change or has changed his residence from the area of a local authority named in the order to the area of another local authority, the court may, and if application is made in that behalf by the officer supervising the probationer shall, by order, amend the probation order by—
(a) substituting for the area named therein that other area; and
(b) naming the appropriate court to which all the powers of the court by which the order was made shall be transferred and shall require the local authority for that other area to arrange for the probationer to be under the supervision of an officer of that authority.
(2) Subject to sub-paragraphs (3) and (4) below, the court to be named as the appropriate court in any amendment of a probation order in pursuance of sub-paragraph (1) above shall be a court exercising jurisdiction in the place where the probationer resides or is to reside and shall be a sheriff court or district court according to whether the probation order was made by a sheriff court or district court.
(3) If the probation order was made by a district court and there is no district court exercising jurisdiction in the place mentioned in sub-paragraph (2) above,the court to be named shall be the sheriff court.
(4) If the probation order contains requirements which in the opinion of the court cannot be complied with unless the probationer continues to reside in the local authority area named in the order, the court shall not amend the order as mentioned in sub-paragraph (2) above unless, in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes therefor other requirements which can be so complied with.
(5) Where a probation order is amended under this paragraph, the clerk of the court amending it shall send to the clerk of the appropriate court four copies of the order together with such documents and information relating to the case as the court amending the order considers likely to be of assistance to the appropriate court, and the clerk of that court shall send one copy of the probation order to the local authority of the substituted local authority area and two copies to the officer supervising the probationer, one of which the supervising officer shall give to the probationer.
(6) The foregoing provisions of this paragraph shall, in a case where the probation order was made by the High Court, have effect subject to the following modifications—
(a) the court shall not name an appropriate court, but may substitute for the local authority named in the order, the local authority for the area in which the probationer is to reside;
(b) the Clerk of Justiciary shall send to the chief social work officer of that area in which the probationer is to reside three copies of the amending order together with such documents and information relating to the case as is likely to be of assistance to the chief social work officer, and the chief social work officer shall send two copies of the amending order to the officer supervising the probationer, one of which the supervising officer shall give to the probationer.
3 (1) Without prejudice to paragraph 2 above, the court by which a probation order was made or the appropriate court may, upon application made by the officer supervising the probationer or by the probationer, subject to sub-paragraph (2) below, by order amend a probation order by cancelling any of the requirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by that court in accordance with sections 228 to 230 of this Act.
(2) The court shall not amend a probation order under sub-paragraph (1) above—
(a) by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order;
(b) so that the probationer is thereby required to reside in any institution or place, or to submit to treatment for his mental condition, for any period or periods exceeding 12 months in all;
(c) by inserting in it a requirement that the probationer shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order.
4 Where the medical practitioner or chartered psychologist by whom or under whose direction a probationer is being treated for his mental condition in pursuance of any requirement of the probation order is of the opinion—
(a) that the treatment of the probationer should be continued beyond the period specified for that purpose in the order; or
(b) that the probationer needs a different kind of treatment (whether in whole or in part) from that which he has been receiving in pursuance of the probation order, being treatment of a kind which could have been specified in the probation order but to which the probationer or his supervising officer has not agreed under section 230(6) of this Act; or
(c) that the probationer is not susceptible to treatment; or
(d) that the probationer does not require further treatment,
or where the practitioner or psychologist is for any reason unwilling to continue to treat or direct the treatment of the probationer, he shall make a report in writing to that effect to the officer supervising the probationer and the supervising officer shall apply to the court which made the order or to the appropriate court for the variation or cancellation of the requirement.
5 (1) Where the court which made the order or the appropriate court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall cite him to appear before the court; and the court shall not amend the probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended.
(2) Sub-paragraph (1) above shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new area of a local authority for the area named in the probation order.
6 On the making of an order discharging or amending a probation order, the clerk of the court shall forthwith give copies of the discharging or amending order to the officer supervising the probationer; and the supervising officer shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside.
Criminal Procedure (Scotland) Act 1995