http://www.legislation.gov.uk/asp/2007/6/part/3/enactedCriminal Proceedings etc. (Reform) (Scotland) Act 2007LegislationKing's Printer for Scotland2017-10-06Part 3PenaltiesSentencing powers
43Common law offences

In section 5 (the sheriff: summary jurisdiction and powers) of the 1995 Act

a

in paragraph (d) of subsection (2), for the word “three” there is substituted “12”, and

b

subsection (3) is repealed.

44Particular statutory offences1

In section 41 (assaults on constables, etc.) of the Police (Scotland) Act 1967 (c. 77), in subsection (1), for the word “nine” there is substituted “12”.

2

In section 26A (enforcement of wildlife legislation) of the Wildlife and Countryside Act 1981 (c. 69), for the words from “as amended” to “97/62/EC” there is substituted “(that is, the Directive as amended from time to time by any other Community instrument or otherwise)”.

3

In section 37 (offences) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

a

in subsection (4), for the words from “(a “relevant offence”)” to the end there is substituted “shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or to both.”,

b

subsection (5) is repealed.

4

In section 6 (penalties) of the Emergency Workers (Scotland) Act 2005 (asp 2)

a

for the word “9” there is substituted “12”,

b

for the words “level 5 on the standard scale” there is substituted “the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46)”.

5

In section 39 (assaulting or impeding employees discharging certain functions) of the Fire (Scotland) Act 2005 (asp 5), in subsection (4)—

a

for the word “9” there is substituted “12”,

b

after the word “scale” there is added “or to both”.

6

This section does not affect the penalty for an offence committed before the coming into force of this section.

45Other statutory offences1

The maximum term of imprisonment to which a person is liable on summary conviction of a relevant offence is, by virtue of this subsection, 12 months.

2

Accordingly, the specification of a maximum period of imprisonment in every relevant penalty provision is, in relation to any relevant offence to which it applies, to be read subject to subsection (1).

3

Without prejudice to subsections (1) and (2), the Scottish Ministers may by order amend the specification of a maximum term of imprisonment in a relevant penalty provision so as to specify, in relation to the relevant offence to which it applies, that the maximum term of imprisonment to which a person is liable on summary conviction is 12 months.

4

The specification of a maximum period of imprisonment in a relevant power is, in relation to any offence to which it applies, to be read as a period of 12 months.

5

Without prejudice to subsection (4), the Scottish Ministers may by order amend a relevant power so as to increase to 12 months the maximum term of imprisonment specified in the power.

6

In this section, a “relevant offence” is an offence under a relevant enactment or instrument which is—

a

triable either on indictment or summary complaint, and

b

punishable on summary conviction with a maximum term of imprisonment of less than 12 months.

7

In this section—

a “relevant enactment” is an Act passed before this Act,

a “relevant instrument” is any subordinate legislation made before the passing of this Act,

a “relevant penalty provision” is a provision of a relevant enactment or instrument which specifies the penalties to which a person is liable on summary conviction of a relevant offence,

a “relevant power” is a provision of a relevant enactment which confers a power (however expressed) for subordinate legislation to make a person, as regards an offence that is triable either on indictment or summary complaint, liable on summary conviction to a maximum term of imprisonment of less than 12 months.

8

For the purposes of subsection (7), reference to the passing of an Act is to be construed, in the case of an Act of the Scottish Parliament (including this Act), as reference to the passing by the Parliament of the Bill for the Act.

46JP court: power to increase penalties1

The Scottish Ministers may by order amend any specification of a maximum—

a

term of imprisonment,

b

level of fine,

c

amount of caution,

in section 7(6) or (7) of the 1995 Act.

2

The Scottish Ministers may by order amend any specification, in relation to the JP court, of a maximum—

a

term of imprisonment,

b

level of fine,

in any other enactment.

3

An order under subsection (1) or (2) may not make provision for—

a

a term of imprisonment exceeding 6 months,

b

a fine exceeding level 5 on the standard scale,

c

an amount of caution exceeding level 5 on the standard scale.

47Fine level1

The maximum fine to which a person is liable on summary conviction of a relevant offence is, by virtue of this subsection, the statutory maximum.

2

Accordingly, the specification (by reference to level 5 on the standard scale) of a maximum fine in every relevant penalty provision is, in relation to any relevant offence to which it applies, to be read subject to subsection (1).

3

Without prejudice to subsections (1) and (2), the Scottish Ministers may by order amend the specification of a maximum fine in a relevant penalty provision so as to specify, in relation to the relevant offence to which it applies, that the maximum fine to which a person is liable on summary conviction is the statutory maximum.

4

The specification (by reference to level 5 on the standard scale) of a maximum fine in a relevant power is, in relation to any offence to which it applies, to be read as the statutory maximum.

5

Without prejudice to subsection (4), the Scottish Ministers may by order amend the specification of a maximum fine in a relevant power so as to increase to the statutory maximum the maximum fine specified in the power.

6

In this section, a “relevant offence” is an offence under a relevant enactment or instrument which is—

a

triable either on indictment or summary complaint, and

b

punishable on summary conviction with a maximum fine specified as level 5 on the standard scale.

7

In this section—

a “relevant enactment” is an Act passed before this Act,

a “relevant instrument” is any subordinate legislation made before the passing of this Act,

a “relevant penalty provision” is a provision of a relevant enactment or instrument which specifies the penalties to which a person is liable on summary conviction of a relevant offence,

a “relevant power” is a provision of a relevant enactment which confers a power (however expressed) for subordinate legislation to make a person, as regards an offence that is triable either on indictment or summary complaint, liable on summary conviction to a maximum fine specified as level 5 on the standard scale.

8

For the purposes of subsection (7), reference to the passing of an Act is to be construed, in the case of an Act of the Scottish Parliament (including this Act), as reference to the passing by the Parliament of the Bill for the Act.

48Prescribed sum

In section 225 (penalties: standard scale, prescribed sum and uprating) of the 1995 Act, in subsection (8), for the words “£5,000” there is substituted “£10,000”.

49Compensation orders1

In section 249 (compensation order against convicted person) of the 1995 Act

a

in subsection (1), for the words from “any” in the second place where it occurs to the end there is substituted

any—

a

personal injury, loss or damage caused directly or indirectly; or

b

alarm or distress caused directly,

to the victim.

,

b

after that subsection there is inserted—

1A

For the purposes of subsection (1) above, “victim” means—

a

a person against whom; or

b

a person against whose property,

the acts which constituted the offence were directed.

.

2

In section 251(1)(a) (review of compensation order) of that Act, for the words “or damage” there is substituted “, damage, alarm or distress”.

3

In section 253(1) (effect of compensation order on subsequent award of damages in civil proceedings) of that Act, for the words “or damage” there is substituted “, damage, alarm or distress”.

4

In section 229 (probation orders: additional requirements) of that Act—

a

in subsection (6), for the words from “any” in the second place where it occurs to “offence” there is substituted “the matters referred to in subsection (6A) below”,

b

after that subsection there is inserted—

6A

Those matters are any personal injury, loss, damage, alarm or distress of the victim as described in section 249(1) and (1A) of this Act.

.

Penalties as alternative to prosecution
50Fixed penalty and compensation offers1

In section 302 (fixed penalty: conditional offer by procurator fiscal) of the 1995 Act

a

in subsection (2)—

i

for sub-paragraph (ii) of paragraph (b) there is substituted—

ii

if the penalty is to be payable by instalments, the amount of the instalments and the intervals at which they should be paid;

,

ii

sub-paragraph (iii) of that paragraph and the word “and” immediately preceding it are repealed,

iii

in paragraph (c), for the words “of the fixed penalty or of the first instalment thereof” there is substituted “in respect of the fixed penalty”,

iv

after paragraph (c) there is inserted—

ca

shall indicate—

i

that the alleged offender may refuse the conditional offer by giving notice to the clerk of court in the manner specified in the conditional offer before the expiry of 28 days, or such longer period as may be specified in the conditional offer, beginning on the day on which the conditional offer is made;

ii

that unless the alleged offender gives such notice, the alleged offender will be deemed to have accepted the conditional offer (even where no payment is made in respect of the offer);

iii

that where the alleged offender is deemed as described in sub-paragraph (ii) above to have accepted the conditional offer any liability to conviction of the offence shall be discharged except where the offer is recalled under section 302C of this Act;

,

v

the word “and” immediately following paragraph (d) is repealed,

vi

for paragraph (e) there is substituted—

e

shall state—

i

that the acceptance of the offer in the manner described in paragraph (c) above, or deemed acceptance of the offer as described in paragraph (ca)(ii) above, shall not be a conviction nor be recorded as such;

ii

that the fact that the offer has been accepted, or deemed to have been accepted, may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;

iii

that if the offer is not accepted, that fact may be disclosed to the court in any proceedings for the offence to which the conditional offer relates;

f

shall state that refusal of a conditional offer under paragraph (ca)(i) above will be treated as a request by the alleged offender to be tried for the offence; and

g

shall explain the right to request a recall of the fixed penalty under section 302C of this Act.

,

b

for subsection (4) there is substituted—

4

The clerk of court shall—

a

without delay, notify the procurator fiscal who issued the conditional offer when a notice as described in subsection (2)(ca)(i) above has been received in respect of the offer; or

b

following the expiry of the period of 28 days referred to in subsection (2)(c) above or such longer period as may be specified in the offer, notify the procurator fiscal if no such notice has been received.

,

c

after subsection (4) there is inserted—

4A

A conditional offer is accepted by the alleged offender making any payment in respect of the appropriate fixed penalty.

4B

Where an alleged offender to whom a conditional offer of a fixed penalty is made does not give notice as described in subsection (2)(ca)(i) above, the alleged offender is deemed to have accepted the conditional offer.

4C

Where—

a

an alleged offender accepts a conditional offer as described in subsection (4A) above; or

b

an alleged offender is deemed to have accepted a conditional offer under subsection (4B) above and the fixed penalty is not recalled,

no proceedings shall be brought against the alleged offender for the offence.

,

d

subsections (5) and (6) are repealed,

e

in subsection (7), the words from “, the amount” to the end are repealed,

f

after subsection (7) there is inserted—

7A

The amount of the maximum penalty on the scale prescribed under subsection (7) above may not exceed £300 or such higher sum as the Scottish Ministers may by order specify.

,

g

in subsection (8)—

i

after the word “(7)” there is inserted “or (7A)”,

ii

in paragraph (b), for the words from “be” in the second place where it occurs to the end there is substituted “not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament”,

h

after subsection (8) there is inserted—

8A

The alleged offender shall be presumed to have received a conditional offer under subsection (1) above if the offer is sent to—

a

the address given by the alleged offender in a request for recall under section 302C(1) of this Act of an earlier offer in the same matter; or

b

any address given by the alleged offender to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

8B

For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—

a

the address to which a conditional offer under subsection (1) above was sent provided it is proved that the accused received the offer; or

b

any address given by the accused to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

,

i

in subsection (9), for the words “competently be tried before a district court” there is substituted “be tried summarily”.

2

After section 302 of that Act there is inserted—

302ACompensation offer by procurator fiscal1

Where a procurator fiscal receives a report that a relevant offence has been committed he may send to the alleged offender a notice under this section (referred to in this section as a compensation offer); and where he issues a compensation offer the procurator fiscal shall notify the clerk of court specified in it of the issue of the offer and of its terms.

2

A compensation offer—

a

shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

b

shall state—

i

the amount of compensation payable;

ii

if the compensation is to be payable by instalments, the amount of the instalments and the intervals at which they should be paid;

c

shall indicate that if, within 28 days of the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender accepts the offer by making payment in respect of the offer to the clerk of court specified in the offer at the address therein mentioned, any liability to conviction of the offence shall be discharged;

d

shall indicate—

i

that the alleged offender may refuse the offer by giving notice to the clerk of court in the manner specified in the offer before the expiry of 28 days, or such longer period as may be specified in the offer, beginning on the day on which the offer is made;

ii

that unless the alleged offender gives such notice, the alleged offender will be deemed to have accepted the offer (even where no payment is made in respect of the offer);

iii

that where the alleged offender is deemed as described in sub-paragraph (ii) above to have accepted the offer any liability to conviction of the offence shall be discharged except where the offer is recalled under section 302C of this Act;

e

shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of 28 days from the date on which the offer was made, or such longer period as may be specified in the offer;

f

shall state—

i

that the acceptance of the offer in the manner described in paragraph (c) above, or deemed acceptance of the offer as described in paragraph (d)(ii) above, shall not be a conviction nor be recorded as such;

ii

that the fact that the offer has been accepted, or deemed to have been accepted, may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;

iii

that if the offer is not accepted, that fact may be disclosed to the court in any proceedings for the offence to which the offer relates;

g

shall state that refusal of an offer under paragraph (d)(i) above will be treated as a request by the alleged offender to be tried for the offence; and

h

shall explain the right to request a recall of the offer under section 302C of this Act.

3

A compensation offer may be made in respect of more than one relevant offence and shall, in such a case, state the amount payable in respect of the offer for all the offences in relation to which it is issued.

4

The clerk of court shall—

a

without delay, notify the procurator fiscal who issued the compensation offer when a notice as described in subsection (2)(d)(i) above has been received in respect of the offer; or

b

following the expiry of the period of 28 days referred to in subsection (2)(c) above or such longer period as may be specified in the offer, notify the procurator fiscal if no such notice has been received.

5

A compensation offer is accepted by the alleged offender making any payment in respect of the offer.

6

Where an alleged offender to whom a compensation offer is made does not give notice as described in subsection (2)(d)(i) above, the alleged offender is deemed to have accepted the offer.

7

Where—

a

an alleged offender accepts a compensation offer as described in subsection (5) above; or

b

an alleged offender is deemed to have accepted a compensation offer under subsection (6) above and the offer is not recalled,

no proceedings shall be brought against the alleged offender for the offence.

8

The Scottish Ministers shall by order prescribe the maximum amount of a compensation offer; but that amount shall not exceed level 5 on the standard scale.

9

An order under subsection (8) above shall be made by statutory instrument; and any such instrument shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

10

The alleged offender shall be presumed to have received a compensation offer under subsection (1) above if the offer is sent to—

a

the address given by the alleged offender in a request for recall under section 302C(1) of this Act of an earlier offer in the same matter; or

b

any address given by the alleged offender to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

11

For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—

a

the address to which a compensation offer under subsection (1) above was sent provided it is proved that the accused received the offer; or

b

any address given by the accused to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

12

The clerk of court shall account for the amount paid under a compensation offer to the person entitled thereto.

13

In this section, a “relevant offence” means any offence—

a

in respect of which an alleged offender could be tried summarily; and

b

on conviction of which it would be competent for the court to make a compensation order under section 249 of this Act.

302BCombined fixed penalty and compensation offer1

The procurator fiscal may send to an alleged offender a notice under sections 302(1) and 302A(1) of this Act in respect of the same relevant offence (referred to in this section as a “combined offer”).

2

A combined offer shall be contained in the one notice.

3

In addition to the information required to be provided under sections 302(2) and 302A(2) of this Act, the combined offer shall state—

a

that the combined offer consists of both a fixed penalty offer and a compensation offer;

b

the whole amount of the combined offer; and

c

that liability to conviction of the offence shall not be discharged unless the whole of the combined offer is accepted.

4

Any acceptance or deemed acceptance of part of a combined offer shall be treated as applying to the whole of the offer.

302CRecall of fixed penalty or compensation offer1

Where an alleged offender is deemed to have accepted—

a

a fixed penalty offer by virtue of section 302(2)(ca)(ii) of this Act; or

b

a compensation offer by virtue of section 302A(2)(d)(ii) of this Act,

the alleged offender may request that it be recalled.

2

A request for recall under subsection (1) above is valid only if—

a

the alleged offender claims that he—

i

did not receive the offer concerned; and

ii

would (if he had received it) have refused the offer; or

b

the alleged offender claims that—

i

although he received the offer concerned, it was not practicable by reason of exceptional circumstances for him to give notice of refusal of the offer; and

ii

he would (but for those circumstances) have refused the offer.

3

A request for recall of a fixed penalty offer or a compensation offer requires to be made—

a

to the clerk of court referred to in the offer; and

b

no later than 7 days after the expiry of the period specified in the offer for payment of the fixed penalty or compensation offer or, where a notice is sent in pursuance of section 303(1A)(a) of this Act, no later than 7 days after it is sent.

4

The clerk of court may, on cause shown by reference to subsection (2) above, consider a request for recall of such an offer despite its being made outwith the time limit applying by virtue of subsection (3)(b) above.

5

The clerk of court may, following receipt of such a request—

a

uphold the fixed penalty offer or compensation offer; or

b

recall it.

6

The alleged offender may, within 7 days of a decision under subsection (5)(a) above, apply to the court specified in the offer for a review of the decision (including as it involves a question which arose by reference to subsections (2) to (4) above).

7

In a review under subsection (6) above, the court may—

a

confirm or quash the decision of the clerk;

b

in either case, give such direction to the clerk as the court considers appropriate.

8

The decision of the court in a review under subsection (6) above shall be final.

9

The clerk of court shall, without delay, notify the procurator fiscal of—

a

a request for recall under subsection (1) above;

b

an application for review under subsection (6) above;

c

any decision under subsection (5) or (7) above.

10

For the purposes of this section, a certificate given by the procurator fiscal as to the date on which a fixed penalty offer or compensation order was sent shall be sufficient evidence of that fact.

.

3

In section 303 (fixed penalty: enforcement) of that Act—

a

for subsection (1) there is substituted—

1

Subject to subsections (1A) and (2) below, where an alleged offender accepts a fixed penalty offer under section 302 of this Act or a compensation offer under section 302A of this Act, any amount of it which is outstanding at any time shall be treated as if the penalty or offer were a fine imposed by the court (the clerk of which is specified in the notice).

,

b

after subsection (1) there is inserted—

1A

No action shall be taken to enforce a fixed penalty or compensation offer which an alleged offender is deemed to have accepted by virtue of section 302(2)(ca)(ii) or section 302A(2)(d)(ii) of this Act unless—

a

the alleged offender is sent a notice—

i

of the intention to take enforcement action; and

ii

which explains the right to request a recall of the penalty or offer under section 302C of this Act;

b

any request for recall made under that section has been finally disposed of.

,

c

in subsection (2), for the word “penalty” there is substituted “fixed penalty or compensation offer”,

d

in subsection (3), after the word “penalty” there is inserted “or compensation offer”.

51Work orders

After section 303 of the 1995 Act there is inserted—

303ZAWork orders1

Where a procurator fiscal receives a report that a relevant offence has been committed he may send the alleged offender a notice under this section (referred to in this section as a work offer) which offers the alleged offender the opportunity of performing unpaid work.

2

The total number of hours of unpaid work shall be not less than 10 nor more than 50.

3

A work offer—

a

shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

b

shall state—

i

the number of hours of unpaid work which the alleged offender is required to perform;

ii

the date by which that work requires to be completed;

c

shall indicate that if the alleged offender—

i

accepts the work offer; and

ii

completes the work to the satisfaction of the supervising officer,

any liability to conviction of the offence shall be discharged;

d

shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of 28 days from the date on which the offer was issued, or such longer period as may be specified in the offer;

e

shall state—

i

that acceptance of a work offer in the manner described in subsection (5) below shall not be a conviction nor be recorded as such;

ii

that the fact that the offer has been accepted may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;

iii

that if a work order made under subsection (6) below is not completed, that fact may be disclosed to the court in any proceedings for the offence to which the order relates.

4

A work offer may be made in respect of more than one relevant offence and shall, in such a case, state the total amount of work requiring to be performed in respect of the offences in relation to which it is made.

5

An alleged offender accepts a work offer by giving notice to the procurator fiscal specified in the order before the expiry of 28 days, or such longer period as may be specified in the offer, beginning on the day on which the offer is made.

6

If (and only if) the alleged offender accepts a work offer, the procurator fiscal may make an order (referred to in this section as a work order) against the alleged offender.

7

Notice of a work order—

a

shall be sent to the alleged offender as soon as reasonably practicable after acceptance of the work offer; and

b

shall contain—

i

the information mentioned in subsection (3)(b) above; and

ii

the name and contact details of the person who is to act as supervisor (“the supervising officer”) in relation to the alleged offender.

8

The procurator fiscal shall notify the local authority which will be responsible for supervision of an alleged offender of the terms of any work order sent to the alleged offender.

9

Where a work order is made, the supervising officer shall—

a

determine the nature of the work which the alleged offender requires to perform;

b

determine the times and places at which the alleged offender is to perform that work;

c

give directions to the alleged offender in relation to that work;

d

provide the procurator fiscal with such information as the procurator fiscal may require in relation to the alleged offender’s conduct in connection with the requirements of the order.

10

In giving directions under subsection (9)(c) above, a supervising officer shall, so far as practicable, avoid—

a

any conflict with the alleged offender’s religious beliefs;

b

any interference with the times at which the alleged offender normally—

i

works (or carries out voluntary work); or

ii

attends an educational establishment.

11

The supervising officer shall, on or as soon as practicable after the date referred to in subsection (3)(b)(ii) above, notify the procurator fiscal whether or not the work has been performed to the supervising officer’s satisfaction.

12

Where an alleged offender completes the work specified in the work order to the satisfaction of the supervising officer, no proceedings shall be brought against the alleged offender for the offence.

13

The Scottish Ministers may, by regulations, make provision for the purposes of subsection (9) above (including, in particular, the kinds of activity of which the work requiring to be performed may (or may not) consist).

14

Regulations under subsection (13) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

15

For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—

a

the address to which a work offer was sent provided it is proved that the accused received the offer; or

b

any address given, in connection with the offer, by the accused to the procurator fiscal specified in the offer.

16

In this section, a “relevant offence” means any offence in respect of which an alleged offender could be tried summarily.

.

52Setting aside of offers and orders

After section 303ZA (inserted by section 51 of this Act) of the 1995 Act there is inserted—

303ZBSetting aside of offers and orders1

Where this subsection applies, the procurator fiscal may set aside—

a

a fixed penalty offer made under section 302(1) of this Act;

b

a compensation offer made under section 302A(1) of this Act;

c

a work offer made under section 303ZA(1) of this Act;

d

a work order made under section 303ZA(6) of this Act.

2

Subsection (1) above applies where, on the basis of information which comes to the procurator fiscal’s attention after the offer or (as the case may be) order has been made, the procurator fiscal considers that the offer or (as the case may be) order should not have been made in respect of the alleged offender.

3

The procurator fiscal may act under subsection (1)(a) to (c) above even where the offer has been accepted (including, in the case of an offer mentioned in subsection (1)(a) or (b) above, deemed to have been accepted).

4

Where the procurator fiscal acts under subsection (1) above, the procurator fiscal shall give the alleged offender notice—

a

of the setting aside of the offer or (as the case may be) order; and

b

indicating that any liability of the alleged offender to conviction of the alleged offence is discharged.

.

53Disclosure of previous offers1

In section 69 (notice of previous convictions) of the 1995 Act, after subsection (5) there is added—

6

This section applies in relation to the alternative disposals mentioned in subsection (7) below as it applies in relation to previous convictions.

7

Those alternative disposals are—

a

a—

i

fixed penalty under section 302(1) of this Act;

ii

compensation offer under section 302A(1) of this Act,

that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;

b

a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.

.

2

In section 101 (previous convictions: solemn proceedings) of that Act, after subsection (8) there is added—

9

This section, except subsection (2) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.

10

Those alternative disposals are—

a

a—

i

fixed penalty under section 302(1) of this Act;

ii

compensation offer under section 302A(1) of this Act,

that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;

b

a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.

11

Nothing in this section or in section 69 of this Act shall prevent the prosecutor, following conviction of an accused of an offence—

a

to which a fixed penalty offer made under section 302(1) of this Act related;

b

to which a compensation offer made under section 302A(1) of this Act related; or

c

to which a work offer made under section 303ZA(1) of this Act related,

providing the judge with information about the making of the offer (including the terms of the offer).

.

3

In section 166 (previous convictions: summary proceedings) of that Act, after subsection (8) there is added—

9

This section, except subsection (8) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.

10

Those alternative disposals are—

a

a—

i

fixed penalty under section 302(1) of this Act;

ii

compensation offer under section 302A(1) of this Act,

that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;

b

a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.

11

Nothing in this section shall prevent the prosecutor, following conviction of an accused of an offence—

a

to which a fixed penalty offer made under section 302(1) of this Act related;

b

to which a compensation offer made under section 302A(1) of this Act related; or

c

to which a work offer made under section 303ZA(1) of this Act related,

providing the judge with information about the making of the offer (including the terms of the offer).

.

54Time bar where offer made

After section 136A of the 1995 Act (inserted by section 23 of this Act) there is inserted—

136BTime limits where fixed penalty offer etc. made1

For the purposes of section 136 of this Act, and any provision of any other enactment for a time limit within which proceedings are to be commenced, in calculating the period since a contravention occurred—

a

where a fixed penalty offer is made under section 302(1) of this Act, the period between the date of the offer and—

i

the receipt by the procurator fiscal of a notice under section 302(4) of this Act;

ii

a recall of the fixed penalty by virtue of section 302C of this Act,

shall be disregarded;

b

where a compensation offer is made under section 302A(1) of this Act, the period between the date of the offer and—

i

the receipt by the procurator fiscal of a notice under section 302A(4) of this Act;

ii

a recall of the offer by virtue of section 302C of this Act,

shall be disregarded;

c

where a work offer is made under section 303ZA(1) of this Act, the period between the date of the offer and—

i

if the alleged offender does not accept the offer in the manner described in section 303ZA(5) of this Act, the last date for notice of acceptance of the offer;

ii

if the alleged offender accepts the offer as so described, but fails to complete the subsequent work order, the date specified for completion of the order,

shall be disregarded.

2

A certificate purporting to be signed by or on behalf of the prosecutor which states a period to be disregarded by virtue of subsection (1) above is sufficient authority for the period to be disregarded.

.

Enforcement of fines etc.
55Fines enforcement officers and their functions

After section 226 of the 1995 Act there is inserted—

Enforcement of fines etc.: fines enforcement officers

226AFines enforcement officers1

The Scottish Ministers may authorise persons (including classes of person) to act as fines enforcement officers for any or all of the purposes of this section and sections 226B to 226H of this Act.

2

A FEO has the general functions of—

a

providing information and advice to offenders as regards payment of relevant penalties;

b

securing compliance of offenders with enforcement orders (including as varied under section 226C(1) of this Act).

3

Where an offender is subject to two or more relevant penalties, a FEO

a

in exercising the function conferred by subsection (2)(b) above;

b

in considering whether or not to vary an enforcement order under section 226C(1) of this Act,

shall have regard to that fact and to the total amount which the offender is liable to pay in respect of them.

4

Where an enforcement order as respects an offender has been made in a sheriff court district other than that in which the offender resides, a FEO for the district in which the offender resides may (whether or not those districts are in the same sheriffdom) take responsibility for exercising functions in relation to the order.

5

A FEO taking responsibility for exercising functions by virtue of subsection (4) above is to notify that fact to—

a

the offender; and

b

any FEO for the district in which the enforcement order was made.

6

Notification under subsection (5)(b) above has the effect of transferring functions in relation to the enforcement order—

a

from any FEO for the district in which the order was made; and

b

to a FEO for the district in which the offender resides.

7

The Scottish Ministers may by regulations make further provision as to FEOs and their functions.

8

Regulations under subsection (7) above are not made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.

226BEnforcement orders1

When a court grants time to pay (or further time to pay) a relevant penalty (or an instalment of it) under section 214 or 215 of this Act, the court shall make an enforcement order under this subsection in relation to payment of the penalty.

2

Despite subsection (1) above, a court need not make an enforcement order where it considers that it would not be appropriate to do so in the circumstances of the case.

3

Where, by virtue of subsection (2) above, a court does not make an enforcement order under subsection (1) above, it may subsequently make an enforcement order under that subsection in relation to payment of the penalty.

4

Where—

a

a person has accepted (or is deemed to have accepted)—

i

a fixed penalty offer under section 302(1) of this Act; or

ii

a compensation offer under section 302A(1) of this Act; and

b

payment (or payment of an instalment) has not been made as required by the offer,

the relevant court may make an enforcement order under this subsection in relation to the payment due.

5

Where—

a

a person is liable to pay—

i

a fixed penalty notice given under section 54 (giving notices for fixed penalty offences), or section 62 (fixing notices to vehicles) of the Road Traffic Offenders Act 1988 (c. 53), which has been registered under section 71 of that Act; or

ii

by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), a fixed penalty notice given under section 129 (fixed penalty notices) of that Act; and

b

payment (or payment of an instalment) has not been made as required by the penalty,

the relevant court may make an enforcement order under this subsection in relation to the payment due.

6

Where there is transferred to a court in Scotland a fine—

a

imposed by a court in England and Wales; and

b

in relation to which a collection order (within the meaning of Part 4 of Schedule 5 to the Courts Act 2003 (c. 39)) has been made,

the relevant court may make an enforcement order under this subsection in relation to payment of the fine.

7

An enforcement order under subsection (4), (5) or (6) above may be made—

a

on the oral or written application of the clerk of court; and

b

without the offender being present.

8

An enforcement order shall—

a

state the amount of the relevant penalty;

b

require payment of the relevant penalty in accordance with—

i

such arrangements as to the amount of the instalments by which the relevant penalty should be paid and as to the intervals at which such instalments should be paid;

ii

such other arrangements,

as the order may specify;

c

provide contact details for the FEO dealing with the enforcement order;

d

explain the effect of the enforcement order.

9

Where a court makes (or is to make) an enforcement order in relation to a fine—

a

a court may not impose imprisonment—

i

under section 214(4) of this Act; or

ii

under section 219(1) of this Act,

in respect of the fine;

b

a court may not—

i

allow further time for payment under subsection (9)(a) of section 214 of this Act; or

ii

make an order under subsection (9)(b) of that section,

in respect of the fine;

c

the offender may not make an application under section 215(1) of this Act in respect of the fine.

10

Paragraphs (a) to (c) of subsection (9) above apply for so long as the enforcement order continues to have effect.

11

An enforcement order ceases to have effect if—

a

the relevant penalty is paid (including by application of any proceeds of enforcement action); or

b

it is revoked under section 226G(9)(a) of this Act.

226CVariation for further time to pay1

A FEO dealing with an enforcement order may—

a

on the application of the offender; and

b

having regard to the circumstances of the offender,

vary the arrangements specified in the order for payment of the relevant penalty.

2

That is, by—

a

allowing the offender further time to pay the penalty (or any instalment of it);

b

allowing the offender to pay the penalty by instalments of such lesser amounts, or at such longer intervals, as those specified in the enforcement order.

3

An application by an offender for the purpose of subsection (1) above may be made orally or in writing.

4

A FEO shall notify the offender concerned of any—

a

variation under subsection (1) above;

b

refusal of an application for variation under that subsection.

226DSeizure of vehicles1

A FEO may, for the purpose mentioned in subsection (2) below, direct that a motor vehicle belonging to the offender be—

a

immobilised;

b

impounded.

2

The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.

3

For the purposes of this section—

a

a vehicle belongs to an offender if it is registered under the Vehicle Excise and Registration Act 1994 (c. 22) in the offender’s name;

b

a reference—

i

to a vehicle being immobilised is to its being fitted with an immobilisation device in accordance with regulations made under subsection (12) below;

ii

to a vehicle being impounded is to its being taken to a place of custody in accordance with regulations made under that subsection;

c

a direction under subsection (1) above is referred to as a “seizure order”.

4

A FEO shall notify the offender concerned that a seizure order has been carried out.

5

Where—

a

a seizure order has been carried out; and

b

at the end of such period as may be specified in regulations made under subsection (12) below, any part of the relevant penalty remains unpaid,

a FEO may apply to the relevant court for an order under subsection (6) below.

6

The court may make an order under this subsection—

a

for the sale or other disposal of the vehicle in accordance with regulations made under subsection (12) below;

b

for any proceeds of the disposal to be applied in accordance with regulations made under that subsection in payment of or towards the unpaid amount of the relevant penalty;

c

for any remainder of those proceeds to be applied in accordance with regulations made under that subsection in payment of or towards any reasonable expenses incurred by the FEO in relation to the seizure order;

d

subject to paragraphs (b) and (c) above, for any balance to be given to the offender.

7

Where, before a vehicle which is the subject of a seizure order is disposed of—

a

a third party claims to own the vehicle; and

b

either—

i

a FEO is satisfied that the claim is valid (and that there are no reasonable grounds for believing that the claim is disputed by the offender or any other person from whose possession the vehicle was taken); or

ii

the sheriff, on an application by the third party, makes an order that the sheriff is so satisfied,

the seizure order ceases to have effect.

8

An application for the purposes of subsection (7)(b)(ii) above does not preclude any other proceedings for recovery of the vehicle.

9

A person commits an offence if, without lawful authority or reasonable excuse, the person removes or attempts to remove—

a

an immobilisation device fitted;

b

a notice fixed,

to a motor vehicle in pursuance of a seizure order.

10

A person guilty of an offence under subsection (9) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

11

A seizure order must not be made in respect of a vehicle—

a

which displays a valid disabled person’s badge; or

b

in relation to which there are reasonable grounds for believing that it is used primarily for the carriage of a disabled person.

12

The Scottish Ministers may make regulations for the purposes of and in connection with this section.

13

Regulations under subsection (12) above may, in particular, include provision—

a

as to circumstances in which a seizure order may (or may not) be made;

b

as regards the value of a vehicle seizable compared to the amount of a relevant penalty which is unpaid;

c

by reference to subsection (3)(a) and (7) above or otherwise, for protecting the interests of owners of vehicles apart from offenders;

d

relating to subsections (3)(b), (5)(b) and (6) above;

e

as to the fixing of notices to vehicles to which an immobilisation device has been fitted;

f

as to the keeping and release of vehicles immobilised or impounded (including as to conditions of release);

g

as to the payment of reasonable fees, charges or other costs in relation to—

i

the immobilisation or impounding of vehicles;

ii

the keeping, release or disposal of vehicles immobilised or impounded.

14

Regulations under subsection (12) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

15

In this section—

“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44);

“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (c. 27);

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads (except that section 189 of the Road Traffic Act 1988 (c. 52) applies for the purposes of this section as it applies for the purposes of that Act).

226EDeduction from benefits1

A FEO may, for the purpose mentioned in subsection (2) below, request the relevant court to make an application under regulations made under section 24(1)(a) of the Criminal Justice Act 1991 (c. 53) for deductions as described in that section.

2

The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.

226FPowers of diligence1

When a court makes an enforcement order, it shall grant a warrant for civil diligence in the form prescribed by Act of Adjournal.

2

A warrant granted under subsection (1) above authorises a FEO to execute the types of diligence mentioned in subsection (3) below for the purpose mentioned in subsection (4) below.

3

The types of diligence are—

a

arrestment of earnings; and

b

arrestment of funds standing in accounts held at any bank or other financial institution.

4

The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.

5

The types of diligence mentioned in subsection (3) above may (whatever the amount of the relevant penalty concerned) be executed by an FEO in the same manner as if authorised by a warrant granted by the sheriff in a summary cause.

6

However, the power of FEOs to execute the types of diligence mentioned in subsection (3) above is subject to such provision as the Scottish Ministers may by regulations make.

7

Provision in regulations under subsection (6) above may, in particular—

a

specify circumstances in which the types of diligence mentioned in subsection (3) above are (or are not) to be executed by a FEO;

b

modify the application of any enactment (including subsection (5) above) or rule of law applying in relation to those types of diligence in so far as they may be executed by a FEO.

8

Regulations under subsection (6) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

226GReference of case to court1

A FEO may refer an enforcement order to the relevant court where—

a

the FEO believes that payment of a relevant penalty, or any remaining part of a relevant penalty, to which an enforcement order relates is unlikely to be obtained;

b

for any other reason (including failure of the offender to co-operate with the FEO) the FEO considers it expedient to do so.

2

A FEO may make a reference under subsection (1) above at any time from the day after the enforcement order is made.

3

When making a reference under subsection (1) above, the FEO shall provide the court with a report on the circumstances of the case.

4

A report under subsection (3) above shall include, in particular—

a

a copy of any report from a supervising officer received by the FEO under section 217(9) of this Act; and

b

information about—

i

the steps taken by the enforcement officer to obtain payment of or towards the relevant penalty; and

ii

any effort (or lack of effort) made by the offender to make payment of or towards the penalty.

5

Where a reference is made under subsection (1) above, the relevant court shall enquire of the offender as to the reason why the relevant penalty (or an instalment of it) has not been paid.

6

Subsection (5) above does not apply where the offender is in prison.

7

Subsections (3) to (7) of section 216 of this Act apply in relation to subsection (5) above as they apply in relation to subsection (1) of that section.

8

After the court has considered—

a

the report provided by the FEO under subsection (3) above; and

b

any information obtained by enquiry under subsection (5) above,

the court may dispose of the case as mentioned in subsection (9) below.

9

That is, the court may—

a

revoke the enforcement order and deal with the offender as if the enforcement order had never been made;

b

vary the enforcement order;

c

confirm the enforcement order as previously made;

d

direct the FEO to take specified steps to secure payment of or towards the relevant penalty in accordance with the enforcement order (including as varied under paragraph (b) above);

e

make such other order as it thinks fit.

226HReview of actions of FEO1

The offender may apply to the relevant court for review—

a

in relation to an enforcement order—

i

of any variation under section 226C(1) of this Act;

ii

of any refusal of an application for variation under that section;

b

of the making of a seizure order under section 226D(1) of this Act.

2

An application under subsection (1) above requires to be made within 7 days of notification under section 226C(4) of this Act or (as the case may be) section 226D(4) of this Act.

3

On an application under subsection (1) above, the relevant court may—

a

confirm, vary or quash the decision of the FEO;

b

make such other order as it thinks fit.

226IEnforcement of fines etc.: interpretation1

In this section and sections 226A to 226H of this Act—

“enforcement order” is to be construed in accordance with section 226B(1) and (4) to (6) of this Act;

FEO” means a fines enforcement officer;

“offender” means the person who is liable to pay a relevant penalty;

“relevant court”—

a

in the case of a fine or compensation order, means—

i

the court which imposed the penalty; or

ii

where the penalty is transferred to another court, that other court;

b

in the case of another relevant penalty (apart from a penalty specified by order for the purposes of this section), means—

i

the court whose clerk is specified in the notice to the offender; or

ii

where the penalty is transferred to another court, that other court;

c

in the case of a penalty specified by order for the purposes of this section, means—

i

the court whose clerk is specified in the notice to the offender;

ii

where the penalty is transferred to another court, that other court; or

iii

such other court as the order may specify for those purposes;

“relevant penalty” means—

a

a fine;

b

a compensation order imposed under section 249 of this Act;

c

a fixed penalty offer made under section 302(1) of this Act;

d

a compensation offer made under section 302A(1) of this Act;

e

a fixed penalty notice given under section 54 (giving notices for fixed penalty offences) or section 62 (fixing notices to vehicles) of the Road Traffic Offenders Act 1988 (c. 53);

f

a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8);

g

such other penalty as the Scottish Ministers may by order specify for the purposes of this section.

2

An order specifying a penalty or a court for the purpose of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

.

56Recognition of EU financial penalties1

The Scottish Ministers may by order make provision for the purposes of and in connection with implementing any obligations of the United Kingdom created by or arising under the Framework Decision (so far as they have effect in or as regards Scotland).

2

The provision may, in particular, confer functions—

a

on the Scottish Ministers,

b

on other persons.

3

The provision—

a

must relate to fines and other financial penalties imposed by a court on conviction of an offence,

b

may relate to financial penalties which are—

i

accrued otherwise than on conviction of an offence, and

ii

on default, enforced in the same manner as fines imposed by a court.

4

The provision may not relate to—

a

orders for the confiscation of instrumentalities or proceeds of crime,

b

orders of a civil nature which—

i

arise out of a claim for damages and restitution, and

ii

are enforceable in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 (as amended) on jurisdiction and the recognition of judgements in civil and commercial matters.

5

Expressions used in subsections (3) and (4) and in the Framework Decision are to be construed in accordance with that Decision.

6

In this section, “the Framework Decision” is Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

Breach of post-conviction orders
57Probation and community service orders1

In section 232 (probation orders: failure to comply with requirement) of the 1995 Act

a

in subsection (1), for the words “information from” there is substituted “the basis of a report made to it by”,

b

after subsection (1) there is inserted—

1A

A copy of a report made under subsection (1) above shall be served on the probationer in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy.

.

2

In section 239 (community service orders: requirements) of that Act—

a

in subsection (4), for the words “information from” there is substituted “the basis of a report made to it by”,

b

after subsection (4) there is inserted—

4ZA

A copy of a report made under subsection (4) above shall be served on the offender in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy.

.

58Restriction of liberty orders

In section 245F (breach of restriction of liberty order) of the 1995 Act, after subsection (2) there is inserted—

2A

For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.

.

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<part eId="part-3">
<num>Part 3</num>
<heading>Penalties</heading>
<hcontainer name="crossheading" eId="part-3-crossheading-sentencing-powers">
<heading>Sentencing powers</heading>
<section eId="section-43">
<num>43</num>
<heading>Common law offences</heading>
<intro>
<p>
In section 5 (the sheriff: summary jurisdiction and powers) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
</p>
</intro>
<paragraph eId="section-43-a">
<num>a</num>
<content>
<p>in paragraph (d) of subsection (2), for the word “three” there is substituted “12”, and</p>
</content>
</paragraph>
<paragraph eId="section-43-b">
<num>b</num>
<content>
<p>subsection (3) is repealed.</p>
</content>
</paragraph>
</section>
<section eId="section-44">
<num>44</num>
<heading>Particular statutory offences</heading>
<subsection eId="section-44-1">
<num>1</num>
<content>
<p>
In section 41 (assaults on constables,
<abbr title="et cetera" xml:lang="la">etc.</abbr>
) of the Police (Scotland) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1967/77">1967 (c. 77)</ref>
, in subsection (1), for the word “nine” there is substituted “12”.
</p>
</content>
</subsection>
<subsection eId="section-44-2">
<num>2</num>
<content>
<p>
In section 26A (enforcement of wildlife legislation) of the Wildlife and Countryside Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1981/69">1981 (c. 69)</ref>
, for the words from “as amended” to “97/62/
<abbr class="Acronym" title="European Community">EC</abbr>
” there is substituted “(that is, the Directive as amended from time to time by any other Community instrument or otherwise)”.
</p>
</content>
</subsection>
<subsection eId="section-44-3">
<num>3</num>
<intro>
<p>
In section 37 (offences) of the Antisocial Behaviour
<abbr title="et cetera" xml:lang="la">etc.</abbr>
(Scotland) Act
<ref href="http://www.legislation.gov.uk/id/asp/2004/8">2004 (asp 8)</ref>
</p>
</intro>
<paragraph eId="section-44-3-a">
<num>a</num>
<content>
<p>
in subsection (4), for the words from “(a “relevant offence”)” to the end there is substituted “shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1995/46">1995 (c. 46)</ref>
or to both.”,
</p>
</content>
</paragraph>
<paragraph eId="section-44-3-b">
<num>b</num>
<content>
<p>subsection (5) is repealed.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-44-4">
<num>4</num>
<intro>
<p>
In section 6 (penalties) of the Emergency Workers (Scotland) Act
<ref href="http://www.legislation.gov.uk/id/asp/2005/2">2005 (asp 2)</ref>
</p>
</intro>
<paragraph eId="section-44-4-a">
<num>a</num>
<content>
<p>for the word “9” there is substituted “12”,</p>
</content>
</paragraph>
<paragraph eId="section-44-4-b">
<num>b</num>
<content>
<p>
for the words “level 5 on the standard scale” there is substituted “the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1995/46">1995 (c. 46)</ref>
”.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-44-5">
<num>5</num>
<intro>
<p>
In section 39 (assaulting or impeding employees discharging certain functions) of the Fire (Scotland) Act
<ref href="http://www.legislation.gov.uk/id/asp/2005/5">2005 (asp 5)</ref>
, in subsection (4)—
</p>
</intro>
<paragraph eId="section-44-5-a">
<num>a</num>
<content>
<p>for the word “9” there is substituted “12”,</p>
</content>
</paragraph>
<paragraph eId="section-44-5-b">
<num>b</num>
<content>
<p>after the word “scale” there is added “or to both”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-44-6">
<num>6</num>
<content>
<p>This section does not affect the penalty for an offence committed before the coming into force of this section.</p>
</content>
</subsection>
</section>
<section eId="section-45">
<num>45</num>
<heading>Other statutory offences</heading>
<subsection eId="section-45-1">
<num>1</num>
<content>
<p>The maximum term of imprisonment to which a person is liable on summary conviction of a relevant offence is, by virtue of this subsection, 12 months.</p>
</content>
</subsection>
<subsection eId="section-45-2">
<num>2</num>
<content>
<p>Accordingly, the specification of a maximum period of imprisonment in every relevant penalty provision is, in relation to any relevant offence to which it applies, to be read subject to subsection (1).</p>
</content>
</subsection>
<subsection eId="section-45-3">
<num>3</num>
<content>
<p>Without prejudice to subsections (1) and (2), the Scottish Ministers may by order amend the specification of a maximum term of imprisonment in a relevant penalty provision so as to specify, in relation to the relevant offence to which it applies, that the maximum term of imprisonment to which a person is liable on summary conviction is 12 months.</p>
</content>
</subsection>
<subsection eId="section-45-4">
<num>4</num>
<content>
<p>The specification of a maximum period of imprisonment in a relevant power is, in relation to any offence to which it applies, to be read as a period of 12 months.</p>
</content>
</subsection>
<subsection eId="section-45-5">
<num>5</num>
<content>
<p>Without prejudice to subsection (4), the Scottish Ministers may by order amend a relevant power so as to increase to 12 months the maximum term of imprisonment specified in the power.</p>
</content>
</subsection>
<subsection eId="section-45-6">
<num>6</num>
<intro>
<p>In this section, a “relevant offence” is an offence under a relevant enactment or instrument which is—</p>
</intro>
<paragraph eId="section-45-6-a">
<num>a</num>
<content>
<p>triable either on indictment or summary complaint, and</p>
</content>
</paragraph>
<paragraph eId="section-45-6-b">
<num>b</num>
<content>
<p>punishable on summary conviction with a maximum term of imprisonment of less than 12 months.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-45-7">
<num>7</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>a “relevant enactment” is an Act passed before this Act,</p>
</item>
<item>
<p>a “relevant instrument” is any subordinate legislation made before the passing of this Act,</p>
</item>
<item>
<p>a “relevant penalty provision” is a provision of a relevant enactment or instrument which specifies the penalties to which a person is liable on summary conviction of a relevant offence,</p>
</item>
<item>
<p>a “relevant power” is a provision of a relevant enactment which confers a power (however expressed) for subordinate legislation to make a person, as regards an offence that is triable either on indictment or summary complaint, liable on summary conviction to a maximum term of imprisonment of less than 12 months.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-45-8">
<num>8</num>
<content>
<p>For the purposes of subsection (7), reference to the passing of an Act is to be construed, in the case of an Act of the Scottish Parliament (including this Act), as reference to the passing by the Parliament of the Bill for the Act.</p>
</content>
</subsection>
</section>
<section eId="section-46">
<num>46</num>
<heading>
<abbr title="justice of the peace court" xml:lang="">JP court</abbr>
: power to increase penalties
</heading>
<subsection eId="section-46-1">
<num>1</num>
<intro>
<p>The Scottish Ministers may by order amend any specification of a maximum—</p>
</intro>
<paragraph eId="section-46-1-a">
<num>a</num>
<content>
<p>term of imprisonment,</p>
</content>
</paragraph>
<paragraph eId="section-46-1-b">
<num>b</num>
<content>
<p>level of fine,</p>
</content>
</paragraph>
<paragraph eId="section-46-1-c">
<num>c</num>
<content>
<p>amount of caution,</p>
</content>
</paragraph>
<wrapUp>
<p>
in section 7(6) or (7) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
.
</p>
</wrapUp>
</subsection>
<subsection eId="section-46-2">
<num>2</num>
<intro>
<p>
The Scottish Ministers may by order amend any specification, in relation to the
<abbr title="justice of the peace court" xml:lang="">JP court</abbr>
, of a maximum—
</p>
</intro>
<paragraph eId="section-46-2-a">
<num>a</num>
<content>
<p>term of imprisonment,</p>
</content>
</paragraph>
<paragraph eId="section-46-2-b">
<num>b</num>
<content>
<p>level of fine,</p>
</content>
</paragraph>
<wrapUp>
<p>in any other enactment.</p>
</wrapUp>
</subsection>
<subsection eId="section-46-3">
<num>3</num>
<intro>
<p>An order under subsection (1) or (2) may not make provision for—</p>
</intro>
<paragraph eId="section-46-3-a">
<num>a</num>
<content>
<p>a term of imprisonment exceeding 6 months,</p>
</content>
</paragraph>
<paragraph eId="section-46-3-b">
<num>b</num>
<content>
<p>a fine exceeding level 5 on the standard scale,</p>
</content>
</paragraph>
<paragraph eId="section-46-3-c">
<num>c</num>
<content>
<p>an amount of caution exceeding level 5 on the standard scale.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-47">
<num>47</num>
<heading>Fine level</heading>
<subsection eId="section-47-1">
<num>1</num>
<content>
<p>The maximum fine to which a person is liable on summary conviction of a relevant offence is, by virtue of this subsection, the statutory maximum.</p>
</content>
</subsection>
<subsection eId="section-47-2">
<num>2</num>
<content>
<p>Accordingly, the specification (by reference to level 5 on the standard scale) of a maximum fine in every relevant penalty provision is, in relation to any relevant offence to which it applies, to be read subject to subsection (1).</p>
</content>
</subsection>
<subsection eId="section-47-3">
<num>3</num>
<content>
<p>Without prejudice to subsections (1) and (2), the Scottish Ministers may by order amend the specification of a maximum fine in a relevant penalty provision so as to specify, in relation to the relevant offence to which it applies, that the maximum fine to which a person is liable on summary conviction is the statutory maximum.</p>
</content>
</subsection>
<subsection eId="section-47-4">
<num>4</num>
<content>
<p>The specification (by reference to level 5 on the standard scale) of a maximum fine in a relevant power is, in relation to any offence to which it applies, to be read as the statutory maximum.</p>
</content>
</subsection>
<subsection eId="section-47-5">
<num>5</num>
<content>
<p>Without prejudice to subsection (4), the Scottish Ministers may by order amend the specification of a maximum fine in a relevant power so as to increase to the statutory maximum the maximum fine specified in the power.</p>
</content>
</subsection>
<subsection eId="section-47-6">
<num>6</num>
<intro>
<p>In this section, a “relevant offence” is an offence under a relevant enactment or instrument which is—</p>
</intro>
<paragraph eId="section-47-6-a">
<num>a</num>
<content>
<p>triable either on indictment or summary complaint, and</p>
</content>
</paragraph>
<paragraph eId="section-47-6-b">
<num>b</num>
<content>
<p>punishable on summary conviction with a maximum fine specified as level 5 on the standard scale.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-47-7">
<num>7</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>a “relevant enactment” is an Act passed before this Act,</p>
</item>
<item>
<p>a “relevant instrument” is any subordinate legislation made before the passing of this Act,</p>
</item>
<item>
<p>a “relevant penalty provision” is a provision of a relevant enactment or instrument which specifies the penalties to which a person is liable on summary conviction of a relevant offence,</p>
</item>
<item>
<p>a “relevant power” is a provision of a relevant enactment which confers a power (however expressed) for subordinate legislation to make a person, as regards an offence that is triable either on indictment or summary complaint, liable on summary conviction to a maximum fine specified as level 5 on the standard scale.</p>
</item>
</blockList>
</content>
</subsection>
<subsection eId="section-47-8">
<num>8</num>
<content>
<p>For the purposes of subsection (7), reference to the passing of an Act is to be construed, in the case of an Act of the Scottish Parliament (including this Act), as reference to the passing by the Parliament of the Bill for the Act.</p>
</content>
</subsection>
</section>
<section eId="section-48">
<num>48</num>
<heading>Prescribed sum</heading>
<content>
<p>
In section 225 (penalties: standard scale, prescribed sum and uprating) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
, in subsection (8), for the words “£5,000” there is substituted “£10,000”.
</p>
</content>
</section>
<section eId="section-49">
<num>49</num>
<heading>Compensation orders</heading>
<subsection eId="section-49-1">
<num>1</num>
<intro>
<p>
In section 249 (compensation order against convicted person) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
</p>
</intro>
<paragraph eId="section-49-1-a">
<num>a</num>
<content>
<p>in subsection (1), for the words from “any” in the second place where it occurs to the end there is substituted</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<p class="run-on">any—</p>
<paragraph eId="p01148">
<num>a</num>
<content>
<p>personal injury, loss or damage caused directly or indirectly; or</p>
</content>
</paragraph>
<paragraph eId="p01149">
<num>b</num>
<content>
<p>alarm or distress caused directly,</p>
</content>
</paragraph>
<p>to the victim.</p>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-49-1-b">
<num>b</num>
<content>
<p>after that subsection there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01151">
<num>1A</num>
<intro>
<p>For the purposes of subsection (1) above, “victim” means—</p>
</intro>
<paragraph eId="p01152">
<num>a</num>
<content>
<p>a person against whom; or</p>
</content>
</paragraph>
<paragraph eId="p01153">
<num>b</num>
<content>
<p>a person against whose property,</p>
</content>
</paragraph>
<wrapUp>
<p>the acts which constituted the offence were directed.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-49-2">
<num>2</num>
<content>
<p>In section 251(1)(a) (review of compensation order) of that Act, for the words “or damage” there is substituted “, damage, alarm or distress”.</p>
</content>
</subsection>
<subsection eId="section-49-3">
<num>3</num>
<content>
<p>In section 253(1) (effect of compensation order on subsequent award of damages in civil proceedings) of that Act, for the words “or damage” there is substituted “, damage, alarm or distress”.</p>
</content>
</subsection>
<subsection eId="section-49-4">
<num>4</num>
<intro>
<p>In section 229 (probation orders: additional requirements) of that Act—</p>
</intro>
<paragraph eId="section-49-4-a">
<num>a</num>
<content>
<p>in subsection (6), for the words from “any” in the second place where it occurs to “offence” there is substituted “the matters referred to in subsection (6A) below”,</p>
</content>
</paragraph>
<paragraph eId="section-49-4-b">
<num>b</num>
<content>
<p>after that subsection there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01159">
<num>6A</num>
<content>
<p>Those matters are any personal injury, loss, damage, alarm or distress of the victim as described in section 249(1) and (1A) of this Act.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-3-crossheading-penalties-as-alternative-to-prosecution">
<heading>Penalties as alternative to prosecution</heading>
<section eId="section-50">
<num>50</num>
<heading>Fixed penalty and compensation offers</heading>
<subsection eId="section-50-1">
<num>1</num>
<intro>
<p>
In section 302 (fixed penalty: conditional offer by procurator fiscal) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
</p>
</intro>
<paragraph eId="section-50-1-a">
<num>a</num>
<intro>
<p>in subsection (2)—</p>
</intro>
<subparagraph eId="section-50-1-a-i">
<num>i</num>
<content>
<p>for sub-paragraph (ii) of paragraph (b) there is substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subparagraph eId="p01166">
<num>ii</num>
<content>
<p>if the penalty is to be payable by instalments, the amount of the instalments and the intervals at which they should be paid;</p>
</content>
</subparagraph>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="section-50-1-a-ii">
<num>ii</num>
<content>
<p>sub-paragraph (iii) of that paragraph and the word “and” immediately preceding it are repealed,</p>
</content>
</subparagraph>
<subparagraph eId="section-50-1-a-iii">
<num>iii</num>
<content>
<p>in paragraph (c), for the words “of the fixed penalty or of the first instalment thereof” there is substituted “in respect of the fixed penalty”,</p>
</content>
</subparagraph>
<subparagraph eId="section-50-1-a-iv">
<num>iv</num>
<content>
<p>after paragraph (c) there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="p01170">
<num>ca</num>
<intro>
<p>shall indicate—</p>
</intro>
<subparagraph eId="p01171">
<num>i</num>
<content>
<p>that the alleged offender may refuse the conditional offer by giving notice to the clerk of court in the manner specified in the conditional offer before the expiry of 28 days, or such longer period as may be specified in the conditional offer, beginning on the day on which the conditional offer is made;</p>
</content>
</subparagraph>
<subparagraph eId="p01172">
<num>ii</num>
<content>
<p>that unless the alleged offender gives such notice, the alleged offender will be deemed to have accepted the conditional offer (even where no payment is made in respect of the offer);</p>
</content>
</subparagraph>
<subparagraph eId="p01173">
<num>iii</num>
<content>
<p>that where the alleged offender is deemed as described in sub-paragraph (ii) above to have accepted the conditional offer any liability to conviction of the offence shall be discharged except where the offer is recalled under section 302C of this Act;</p>
</content>
</subparagraph>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</subparagraph>
<subparagraph eId="section-50-1-a-v">
<num>v</num>
<content>
<p>the word “and” immediately following paragraph (d) is repealed,</p>
</content>
</subparagraph>
<subparagraph eId="section-50-1-a-vi">
<num>vi</num>
<content>
<p>for paragraph (e) there is substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<paragraph eId="p01176">
<num>e</num>
<intro>
<p>shall state—</p>
</intro>
<subparagraph eId="p01177">
<num>i</num>
<content>
<p>that the acceptance of the offer in the manner described in paragraph (c) above, or deemed acceptance of the offer as described in paragraph (ca)(ii) above, shall not be a conviction nor be recorded as such;</p>
</content>
</subparagraph>
<subparagraph eId="p01178">
<num>ii</num>
<content>
<p>that the fact that the offer has been accepted, or deemed to have been accepted, may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;</p>
</content>
</subparagraph>
<subparagraph eId="p01179">
<num>iii</num>
<content>
<p>that if the offer is not accepted, that fact may be disclosed to the court in any proceedings for the offence to which the conditional offer relates;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01180">
<num>f</num>
<content>
<p>shall state that refusal of a conditional offer under paragraph (ca)(i) above will be treated as a request by the alleged offender to be tried for the offence; and</p>
</content>
</paragraph>
<paragraph eId="p01181">
<num>g</num>
<content>
<p>shall explain the right to request a recall of the fixed penalty under section 302C of this Act.</p>
</content>
</paragraph>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-50-1-b">
<num>b</num>
<content>
<p>for subsection (4) there is substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01183">
<num>4</num>
<intro>
<p>The clerk of court shall—</p>
</intro>
<paragraph eId="p01184">
<num>a</num>
<content>
<p>without delay, notify the procurator fiscal who issued the conditional offer when a notice as described in subsection (2)(ca)(i) above has been received in respect of the offer; or</p>
</content>
</paragraph>
<paragraph eId="p01185">
<num>b</num>
<content>
<p>following the expiry of the period of 28 days referred to in subsection (2)(c) above or such longer period as may be specified in the offer, notify the procurator fiscal if no such notice has been received.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-50-1-c">
<num>c</num>
<content>
<p>after subsection (4) there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01187">
<num>4A</num>
<content>
<p>A conditional offer is accepted by the alleged offender making any payment in respect of the appropriate fixed penalty.</p>
</content>
</subsection>
<subsection eId="p01188">
<num>4B</num>
<content>
<p>Where an alleged offender to whom a conditional offer of a fixed penalty is made does not give notice as described in subsection (2)(ca)(i) above, the alleged offender is deemed to have accepted the conditional offer.</p>
</content>
</subsection>
<subsection eId="p01189">
<num>4C</num>
<intro>
<p>Where—</p>
</intro>
<paragraph eId="p01190">
<num>a</num>
<content>
<p>an alleged offender accepts a conditional offer as described in subsection (4A) above; or</p>
</content>
</paragraph>
<paragraph eId="p01191">
<num>b</num>
<content>
<p>an alleged offender is deemed to have accepted a conditional offer under subsection (4B) above and the fixed penalty is not recalled,</p>
</content>
</paragraph>
<wrapUp>
<p>no proceedings shall be brought against the alleged offender for the offence.</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-50-1-d">
<num>d</num>
<content>
<p>subsections (5) and (6) are repealed,</p>
</content>
</paragraph>
<paragraph eId="section-50-1-e">
<num>e</num>
<content>
<p>in subsection (7), the words from “, the amount” to the end are repealed,</p>
</content>
</paragraph>
<paragraph eId="section-50-1-f">
<num>f</num>
<content>
<p>after subsection (7) there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01195">
<num>7A</num>
<content>
<p>The amount of the maximum penalty on the scale prescribed under subsection (7) above may not exceed £300 or such higher sum as the Scottish Ministers may by order specify.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-50-1-g">
<num>g</num>
<intro>
<p>in subsection (8)—</p>
</intro>
<subparagraph eId="section-50-1-g-i">
<num>i</num>
<content>
<p>after the word “(7)” there is inserted “or (7A)”,</p>
</content>
</subparagraph>
<subparagraph eId="section-50-1-g-ii">
<num>ii</num>
<content>
<p>in paragraph (b), for the words from “be” in the second place where it occurs to the end there is substituted “not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament”,</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="section-50-1-h">
<num>h</num>
<content>
<p>after subsection (8) there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01200">
<num>8A</num>
<intro>
<p>The alleged offender shall be presumed to have received a conditional offer under subsection (1) above if the offer is sent to—</p>
</intro>
<paragraph eId="p01201">
<num>a</num>
<content>
<p>the address given by the alleged offender in a request for recall under section 302C(1) of this Act of an earlier offer in the same matter; or</p>
</content>
</paragraph>
<paragraph eId="p01202">
<num>b</num>
<content>
<p>any address given by the alleged offender to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01203">
<num>8B</num>
<intro>
<p>For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—</p>
</intro>
<paragraph eId="p01204">
<num>a</num>
<content>
<p>the address to which a conditional offer under subsection (1) above was sent provided it is proved that the accused received the offer; or</p>
</content>
</paragraph>
<paragraph eId="p01205">
<num>b</num>
<content>
<p>any address given by the accused to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-50-1-i">
<num>i</num>
<content>
<p>in subsection (9), for the words “competently be tried before a district court” there is substituted “be tried summarily”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-50-2">
<num>2</num>
<content>
<p>After section 302 of that Act there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="p01209">
<num>302A</num>
<heading>Compensation offer by procurator fiscal</heading>
<subsection eId="p01210">
<num>1</num>
<content>
<p>Where a procurator fiscal receives a report that a relevant offence has been committed he may send to the alleged offender a notice under this section (referred to in this section as a compensation offer); and where he issues a compensation offer the procurator fiscal shall notify the clerk of court specified in it of the issue of the offer and of its terms.</p>
</content>
</subsection>
<subsection eId="p01211">
<num>2</num>
<intro>
<p>A compensation offer—</p>
</intro>
<paragraph eId="p01212">
<num>a</num>
<content>
<p>shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;</p>
</content>
</paragraph>
<paragraph eId="p01213">
<num>b</num>
<intro>
<p>shall state—</p>
</intro>
<subparagraph eId="p01214">
<num>i</num>
<content>
<p>the amount of compensation payable;</p>
</content>
</subparagraph>
<subparagraph eId="p01215">
<num>ii</num>
<content>
<p>if the compensation is to be payable by instalments, the amount of the instalments and the intervals at which they should be paid;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01216">
<num>c</num>
<content>
<p>shall indicate that if, within 28 days of the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender accepts the offer by making payment in respect of the offer to the clerk of court specified in the offer at the address therein mentioned, any liability to conviction of the offence shall be discharged;</p>
</content>
</paragraph>
<paragraph eId="p01217">
<num>d</num>
<intro>
<p>shall indicate—</p>
</intro>
<subparagraph eId="p01218">
<num>i</num>
<content>
<p>that the alleged offender may refuse the offer by giving notice to the clerk of court in the manner specified in the offer before the expiry of 28 days, or such longer period as may be specified in the offer, beginning on the day on which the offer is made;</p>
</content>
</subparagraph>
<subparagraph eId="p01219">
<num>ii</num>
<content>
<p>that unless the alleged offender gives such notice, the alleged offender will be deemed to have accepted the offer (even where no payment is made in respect of the offer);</p>
</content>
</subparagraph>
<subparagraph eId="p01220">
<num>iii</num>
<content>
<p>that where the alleged offender is deemed as described in sub-paragraph (ii) above to have accepted the offer any liability to conviction of the offence shall be discharged except where the offer is recalled under section 302C of this Act;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01221">
<num>e</num>
<content>
<p>shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of 28 days from the date on which the offer was made, or such longer period as may be specified in the offer;</p>
</content>
</paragraph>
<paragraph eId="p01222">
<num>f</num>
<intro>
<p>shall state—</p>
</intro>
<subparagraph eId="p01223">
<num>i</num>
<content>
<p>that the acceptance of the offer in the manner described in paragraph (c) above, or deemed acceptance of the offer as described in paragraph (d)(ii) above, shall not be a conviction nor be recorded as such;</p>
</content>
</subparagraph>
<subparagraph eId="p01224">
<num>ii</num>
<content>
<p>that the fact that the offer has been accepted, or deemed to have been accepted, may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;</p>
</content>
</subparagraph>
<subparagraph eId="p01225">
<num>iii</num>
<content>
<p>that if the offer is not accepted, that fact may be disclosed to the court in any proceedings for the offence to which the offer relates;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01226">
<num>g</num>
<content>
<p>shall state that refusal of an offer under paragraph (d)(i) above will be treated as a request by the alleged offender to be tried for the offence; and</p>
</content>
</paragraph>
<paragraph eId="p01227">
<num>h</num>
<content>
<p>shall explain the right to request a recall of the offer under section 302C of this Act.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01228">
<num>3</num>
<content>
<p>A compensation offer may be made in respect of more than one relevant offence and shall, in such a case, state the amount payable in respect of the offer for all the offences in relation to which it is issued.</p>
</content>
</subsection>
<subsection eId="p01229">
<num>4</num>
<intro>
<p>The clerk of court shall—</p>
</intro>
<paragraph eId="p01230">
<num>a</num>
<content>
<p>without delay, notify the procurator fiscal who issued the compensation offer when a notice as described in subsection (2)(d)(i) above has been received in respect of the offer; or</p>
</content>
</paragraph>
<paragraph eId="p01231">
<num>b</num>
<content>
<p>following the expiry of the period of 28 days referred to in subsection (2)(c) above or such longer period as may be specified in the offer, notify the procurator fiscal if no such notice has been received.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01232">
<num>5</num>
<content>
<p>A compensation offer is accepted by the alleged offender making any payment in respect of the offer.</p>
</content>
</subsection>
<subsection eId="p01233">
<num>6</num>
<content>
<p>Where an alleged offender to whom a compensation offer is made does not give notice as described in subsection (2)(d)(i) above, the alleged offender is deemed to have accepted the offer.</p>
</content>
</subsection>
<subsection eId="p01234">
<num>7</num>
<intro>
<p>Where—</p>
</intro>
<paragraph eId="p01235">
<num>a</num>
<content>
<p>an alleged offender accepts a compensation offer as described in subsection (5) above; or</p>
</content>
</paragraph>
<paragraph eId="p01236">
<num>b</num>
<content>
<p>an alleged offender is deemed to have accepted a compensation offer under subsection (6) above and the offer is not recalled,</p>
</content>
</paragraph>
<wrapUp>
<p>no proceedings shall be brought against the alleged offender for the offence.</p>
</wrapUp>
</subsection>
<subsection eId="p01237">
<num>8</num>
<content>
<p>The Scottish Ministers shall by order prescribe the maximum amount of a compensation offer; but that amount shall not exceed level 5 on the standard scale.</p>
</content>
</subsection>
<subsection eId="p01238">
<num>9</num>
<content>
<p>An order under subsection (8) above shall be made by statutory instrument; and any such instrument shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.</p>
</content>
</subsection>
<subsection eId="p01239">
<num>10</num>
<intro>
<p>The alleged offender shall be presumed to have received a compensation offer under subsection (1) above if the offer is sent to—</p>
</intro>
<paragraph eId="p01240">
<num>a</num>
<content>
<p>the address given by the alleged offender in a request for recall under section 302C(1) of this Act of an earlier offer in the same matter; or</p>
</content>
</paragraph>
<paragraph eId="p01241">
<num>b</num>
<content>
<p>any address given by the alleged offender to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01242">
<num>11</num>
<intro>
<p>For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—</p>
</intro>
<paragraph eId="p01243">
<num>a</num>
<content>
<p>the address to which a compensation offer under subsection (1) above was sent provided it is proved that the accused received the offer; or</p>
</content>
</paragraph>
<paragraph eId="p01244">
<num>b</num>
<content>
<p>any address given by the accused to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01245">
<num>12</num>
<content>
<p>The clerk of court shall account for the amount paid under a compensation offer to the person entitled thereto.</p>
</content>
</subsection>
<subsection eId="p01246">
<num>13</num>
<intro>
<p>In this section, a “relevant offence” means any offence—</p>
</intro>
<paragraph eId="p01247">
<num>a</num>
<content>
<p>in respect of which an alleged offender could be tried summarily; and</p>
</content>
</paragraph>
<paragraph eId="p01248">
<num>b</num>
<content>
<p>on conviction of which it would be competent for the court to make a compensation order under section 249 of this Act.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="p01250">
<num>302B</num>
<heading>Combined fixed penalty and compensation offer</heading>
<subsection eId="p01251">
<num>1</num>
<content>
<p>The procurator fiscal may send to an alleged offender a notice under sections 302(1) and 302A(1) of this Act in respect of the same relevant offence (referred to in this section as a “combined offer”).</p>
</content>
</subsection>
<subsection eId="p01252">
<num>2</num>
<content>
<p>A combined offer shall be contained in the one notice.</p>
</content>
</subsection>
<subsection eId="p01253">
<num>3</num>
<intro>
<p>In addition to the information required to be provided under sections 302(2) and 302A(2) of this Act, the combined offer shall state—</p>
</intro>
<paragraph eId="p01254">
<num>a</num>
<content>
<p>that the combined offer consists of both a fixed penalty offer and a compensation offer;</p>
</content>
</paragraph>
<paragraph eId="p01255">
<num>b</num>
<content>
<p>the whole amount of the combined offer; and</p>
</content>
</paragraph>
<paragraph eId="p01256">
<num>c</num>
<content>
<p>that liability to conviction of the offence shall not be discharged unless the whole of the combined offer is accepted.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01257">
<num>4</num>
<content>
<p>Any acceptance or deemed acceptance of part of a combined offer shall be treated as applying to the whole of the offer.</p>
</content>
</subsection>
</section>
<section eId="p01259">
<num>302C</num>
<heading>Recall of fixed penalty or compensation offer</heading>
<subsection eId="p01260">
<num>1</num>
<intro>
<p>Where an alleged offender is deemed to have accepted—</p>
</intro>
<paragraph eId="p01261">
<num>a</num>
<content>
<p>a fixed penalty offer by virtue of section 302(2)(ca)(ii) of this Act; or</p>
</content>
</paragraph>
<paragraph eId="p01262">
<num>b</num>
<content>
<p>a compensation offer by virtue of section 302A(2)(d)(ii) of this Act,</p>
</content>
</paragraph>
<wrapUp>
<p>the alleged offender may request that it be recalled.</p>
</wrapUp>
</subsection>
<subsection eId="p01263">
<num>2</num>
<intro>
<p>A request for recall under subsection (1) above is valid only if—</p>
</intro>
<paragraph eId="p01264">
<num>a</num>
<intro>
<p>the alleged offender claims that he—</p>
</intro>
<subparagraph eId="p01265">
<num>i</num>
<content>
<p>did not receive the offer concerned; and</p>
</content>
</subparagraph>
<subparagraph eId="p01266">
<num>ii</num>
<content>
<p>would (if he had received it) have refused the offer; or</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01267">
<num>b</num>
<intro>
<p>the alleged offender claims that—</p>
</intro>
<subparagraph eId="p01268">
<num>i</num>
<content>
<p>although he received the offer concerned, it was not practicable by reason of exceptional circumstances for him to give notice of refusal of the offer; and</p>
</content>
</subparagraph>
<subparagraph eId="p01269">
<num>ii</num>
<content>
<p>he would (but for those circumstances) have refused the offer.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="p01270">
<num>3</num>
<intro>
<p>A request for recall of a fixed penalty offer or a compensation offer requires to be made—</p>
</intro>
<paragraph eId="p01271">
<num>a</num>
<content>
<p>to the clerk of court referred to in the offer; and</p>
</content>
</paragraph>
<paragraph eId="p01272">
<num>b</num>
<content>
<p>no later than 7 days after the expiry of the period specified in the offer for payment of the fixed penalty or compensation offer or, where a notice is sent in pursuance of section 303(1A)(a) of this Act, no later than 7 days after it is sent.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01273">
<num>4</num>
<content>
<p>The clerk of court may, on cause shown by reference to subsection (2) above, consider a request for recall of such an offer despite its being made outwith the time limit applying by virtue of subsection (3)(b) above.</p>
</content>
</subsection>
<subsection eId="p01274">
<num>5</num>
<intro>
<p>The clerk of court may, following receipt of such a request—</p>
</intro>
<paragraph eId="p01275">
<num>a</num>
<content>
<p>uphold the fixed penalty offer or compensation offer; or</p>
</content>
</paragraph>
<paragraph eId="p01276">
<num>b</num>
<content>
<p>recall it.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01277">
<num>6</num>
<content>
<p>The alleged offender may, within 7 days of a decision under subsection (5)(a) above, apply to the court specified in the offer for a review of the decision (including as it involves a question which arose by reference to subsections (2) to (4) above).</p>
</content>
</subsection>
<subsection eId="p01278">
<num>7</num>
<intro>
<p>In a review under subsection (6) above, the court may—</p>
</intro>
<paragraph eId="p01279">
<num>a</num>
<content>
<p>confirm or quash the decision of the clerk;</p>
</content>
</paragraph>
<paragraph eId="p01280">
<num>b</num>
<content>
<p>in either case, give such direction to the clerk as the court considers appropriate.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01281">
<num>8</num>
<content>
<p>The decision of the court in a review under subsection (6) above shall be final.</p>
</content>
</subsection>
<subsection eId="p01282">
<num>9</num>
<intro>
<p>The clerk of court shall, without delay, notify the procurator fiscal of—</p>
</intro>
<paragraph eId="p01283">
<num>a</num>
<content>
<p>a request for recall under subsection (1) above;</p>
</content>
</paragraph>
<paragraph eId="p01284">
<num>b</num>
<content>
<p>an application for review under subsection (6) above;</p>
</content>
</paragraph>
<paragraph eId="p01285">
<num>c</num>
<content>
<p>any decision under subsection (5) or (7) above.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01286">
<num>10</num>
<content>
<p>For the purposes of this section, a certificate given by the procurator fiscal as to the date on which a fixed penalty offer or compensation order was sent shall be sufficient evidence of that fact.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-50-3">
<num>3</num>
<intro>
<p>In section 303 (fixed penalty: enforcement) of that Act—</p>
</intro>
<paragraph eId="section-50-3-a">
<num>a</num>
<content>
<p>for subsection (1) there is substituted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01289">
<num>1</num>
<content>
<p>Subject to subsections (1A) and (2) below, where an alleged offender accepts a fixed penalty offer under section 302 of this Act or a compensation offer under section 302A of this Act, any amount of it which is outstanding at any time shall be treated as if the penalty or offer were a fine imposed by the court (the clerk of which is specified in the notice).</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-50-3-b">
<num>b</num>
<content>
<p>after subsection (1) there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01291">
<num>1A</num>
<intro>
<p>No action shall be taken to enforce a fixed penalty or compensation offer which an alleged offender is deemed to have accepted by virtue of section 302(2)(ca)(ii) or section 302A(2)(d)(ii) of this Act unless—</p>
</intro>
<paragraph eId="p01292">
<num>a</num>
<intro>
<p>the alleged offender is sent a notice—</p>
</intro>
<subparagraph eId="p01293">
<num>i</num>
<content>
<p>of the intention to take enforcement action; and</p>
</content>
</subparagraph>
<subparagraph eId="p01294">
<num>ii</num>
<content>
<p>which explains the right to request a recall of the penalty or offer under section 302C of this Act;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01295">
<num>b</num>
<content>
<p>any request for recall made under that section has been finally disposed of.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">,</inline>
</p>
</content>
</paragraph>
<paragraph eId="section-50-3-c">
<num>c</num>
<content>
<p>in subsection (2), for the word “penalty” there is substituted “fixed penalty or compensation offer”,</p>
</content>
</paragraph>
<paragraph eId="section-50-3-d">
<num>d</num>
<content>
<p>in subsection (3), after the word “penalty” there is inserted “or compensation offer”.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-51">
<num>51</num>
<heading>Work orders</heading>
<content>
<p>
After section 303 of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
there is inserted—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="p01301">
<num>303ZA</num>
<heading>Work orders</heading>
<subsection eId="p01302">
<num>1</num>
<content>
<p>Where a procurator fiscal receives a report that a relevant offence has been committed he may send the alleged offender a notice under this section (referred to in this section as a work offer) which offers the alleged offender the opportunity of performing unpaid work.</p>
</content>
</subsection>
<subsection eId="p01303">
<num>2</num>
<content>
<p>The total number of hours of unpaid work shall be not less than 10 nor more than 50.</p>
</content>
</subsection>
<subsection eId="p01304">
<num>3</num>
<intro>
<p>A work offer—</p>
</intro>
<paragraph eId="p01305">
<num>a</num>
<content>
<p>shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;</p>
</content>
</paragraph>
<paragraph eId="p01306">
<num>b</num>
<intro>
<p>shall state—</p>
</intro>
<subparagraph eId="p01307">
<num>i</num>
<content>
<p>the number of hours of unpaid work which the alleged offender is required to perform;</p>
</content>
</subparagraph>
<subparagraph eId="p01308">
<num>ii</num>
<content>
<p>the date by which that work requires to be completed;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01309">
<num>c</num>
<intro>
<p>shall indicate that if the alleged offender—</p>
</intro>
<subparagraph eId="p01310">
<num>i</num>
<content>
<p>accepts the work offer; and</p>
</content>
</subparagraph>
<subparagraph eId="p01311">
<num>ii</num>
<content>
<p>completes the work to the satisfaction of the supervising officer,</p>
</content>
</subparagraph>
<wrapUp>
<p>any liability to conviction of the offence shall be discharged;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01312">
<num>d</num>
<content>
<p>shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of 28 days from the date on which the offer was issued, or such longer period as may be specified in the offer;</p>
</content>
</paragraph>
<paragraph eId="p01313">
<num>e</num>
<intro>
<p>shall state—</p>
</intro>
<subparagraph eId="p01314">
<num>i</num>
<content>
<p>that acceptance of a work offer in the manner described in subsection (5) below shall not be a conviction nor be recorded as such;</p>
</content>
</subparagraph>
<subparagraph eId="p01315">
<num>ii</num>
<content>
<p>that the fact that the offer has been accepted may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;</p>
</content>
</subparagraph>
<subparagraph eId="p01316">
<num>iii</num>
<content>
<p>that if a work order made under subsection (6) below is not completed, that fact may be disclosed to the court in any proceedings for the offence to which the order relates.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="p01317">
<num>4</num>
<content>
<p>A work offer may be made in respect of more than one relevant offence and shall, in such a case, state the total amount of work requiring to be performed in respect of the offences in relation to which it is made.</p>
</content>
</subsection>
<subsection eId="p01318">
<num>5</num>
<content>
<p>An alleged offender accepts a work offer by giving notice to the procurator fiscal specified in the order before the expiry of 28 days, or such longer period as may be specified in the offer, beginning on the day on which the offer is made.</p>
</content>
</subsection>
<subsection eId="p01319">
<num>6</num>
<content>
<p>If (and only if) the alleged offender accepts a work offer, the procurator fiscal may make an order (referred to in this section as a work order) against the alleged offender.</p>
</content>
</subsection>
<subsection eId="p01320">
<num>7</num>
<intro>
<p>Notice of a work order—</p>
</intro>
<paragraph eId="p01321">
<num>a</num>
<content>
<p>shall be sent to the alleged offender as soon as reasonably practicable after acceptance of the work offer; and</p>
</content>
</paragraph>
<paragraph eId="p01322">
<num>b</num>
<intro>
<p>shall contain—</p>
</intro>
<subparagraph eId="p01323">
<num>i</num>
<content>
<p>the information mentioned in subsection (3)(b) above; and</p>
</content>
</subparagraph>
<subparagraph eId="p01324">
<num>ii</num>
<content>
<p>the name and contact details of the person who is to act as supervisor (“the supervising officer”) in relation to the alleged offender.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="p01325">
<num>8</num>
<content>
<p>The procurator fiscal shall notify the local authority which will be responsible for supervision of an alleged offender of the terms of any work order sent to the alleged offender.</p>
</content>
</subsection>
<subsection eId="p01326">
<num>9</num>
<intro>
<p>Where a work order is made, the supervising officer shall—</p>
</intro>
<paragraph eId="p01327">
<num>a</num>
<content>
<p>determine the nature of the work which the alleged offender requires to perform;</p>
</content>
</paragraph>
<paragraph eId="p01328">
<num>b</num>
<content>
<p>determine the times and places at which the alleged offender is to perform that work;</p>
</content>
</paragraph>
<paragraph eId="p01329">
<num>c</num>
<content>
<p>give directions to the alleged offender in relation to that work;</p>
</content>
</paragraph>
<paragraph eId="p01330">
<num>d</num>
<content>
<p>provide the procurator fiscal with such information as the procurator fiscal may require in relation to the alleged offender’s conduct in connection with the requirements of the order.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01331">
<num>10</num>
<intro>
<p>In giving directions under subsection (9)(c) above, a supervising officer shall, so far as practicable, avoid—</p>
</intro>
<paragraph eId="p01332">
<num>a</num>
<content>
<p>any conflict with the alleged offender’s religious beliefs;</p>
</content>
</paragraph>
<paragraph eId="p01333">
<num>b</num>
<intro>
<p>any interference with the times at which the alleged offender normally—</p>
</intro>
<subparagraph eId="p01334">
<num>i</num>
<content>
<p>works (or carries out voluntary work); or</p>
</content>
</subparagraph>
<subparagraph eId="p01335">
<num>ii</num>
<content>
<p>attends an educational establishment.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="p01336">
<num>11</num>
<content>
<p>The supervising officer shall, on or as soon as practicable after the date referred to in subsection (3)(b)(ii) above, notify the procurator fiscal whether or not the work has been performed to the supervising officer’s satisfaction.</p>
</content>
</subsection>
<subsection eId="p01337">
<num>12</num>
<content>
<p>Where an alleged offender completes the work specified in the work order to the satisfaction of the supervising officer, no proceedings shall be brought against the alleged offender for the offence.</p>
</content>
</subsection>
<subsection eId="p01338">
<num>13</num>
<content>
<p>The Scottish Ministers may, by regulations, make provision for the purposes of subsection (9) above (including, in particular, the kinds of activity of which the work requiring to be performed may (or may not) consist).</p>
</content>
</subsection>
<subsection eId="p01339">
<num>14</num>
<content>
<p>Regulations under subsection (13) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.</p>
</content>
</subsection>
<subsection eId="p01340">
<num>15</num>
<intro>
<p>For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—</p>
</intro>
<paragraph eId="p01341">
<num>a</num>
<content>
<p>the address to which a work offer was sent provided it is proved that the accused received the offer; or</p>
</content>
</paragraph>
<paragraph eId="p01342">
<num>b</num>
<content>
<p>any address given, in connection with the offer, by the accused to the procurator fiscal specified in the offer.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01343">
<num>16</num>
<content>
<p>In this section, a “relevant offence” means any offence in respect of which an alleged offender could be tried summarily.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-52">
<num>52</num>
<heading>Setting aside of offers and orders</heading>
<content>
<p>
After section 303ZA (inserted by section 51 of this Act) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
there is inserted—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="p01347">
<num>303ZB</num>
<heading>Setting aside of offers and orders</heading>
<subsection eId="p01348">
<num>1</num>
<intro>
<p>Where this subsection applies, the procurator fiscal may set aside—</p>
</intro>
<paragraph eId="p01349">
<num>a</num>
<content>
<p>a fixed penalty offer made under section 302(1) of this Act;</p>
</content>
</paragraph>
<paragraph eId="p01350">
<num>b</num>
<content>
<p>a compensation offer made under section 302A(1) of this Act;</p>
</content>
</paragraph>
<paragraph eId="p01351">
<num>c</num>
<content>
<p>a work offer made under section 303ZA(1) of this Act;</p>
</content>
</paragraph>
<paragraph eId="p01352">
<num>d</num>
<content>
<p>a work order made under section 303ZA(6) of this Act.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01353">
<num>2</num>
<content>
<p>Subsection (1) above applies where, on the basis of information which comes to the procurator fiscal’s attention after the offer or (as the case may be) order has been made, the procurator fiscal considers that the offer or (as the case may be) order should not have been made in respect of the alleged offender.</p>
</content>
</subsection>
<subsection eId="p01354">
<num>3</num>
<content>
<p>The procurator fiscal may act under subsection (1)(a) to (c) above even where the offer has been accepted (including, in the case of an offer mentioned in subsection (1)(a) or (b) above, deemed to have been accepted).</p>
</content>
</subsection>
<subsection eId="p01355">
<num>4</num>
<intro>
<p>Where the procurator fiscal acts under subsection (1) above, the procurator fiscal shall give the alleged offender notice—</p>
</intro>
<paragraph eId="p01356">
<num>a</num>
<content>
<p>of the setting aside of the offer or (as the case may be) order; and</p>
</content>
</paragraph>
<paragraph eId="p01357">
<num>b</num>
<content>
<p>indicating that any liability of the alleged offender to conviction of the alleged offence is discharged.</p>
</content>
</paragraph>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-53">
<num>53</num>
<heading>Disclosure of previous offers</heading>
<subsection eId="section-53-1">
<num>1</num>
<content>
<p>
In section 69 (notice of previous convictions) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
, after subsection (5) there is added—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01361">
<num>6</num>
<content>
<p>This section applies in relation to the alternative disposals mentioned in subsection (7) below as it applies in relation to previous convictions.</p>
</content>
</subsection>
<subsection eId="p01362">
<num>7</num>
<intro>
<p>Those alternative disposals are—</p>
</intro>
<paragraph eId="p01363">
<num>a</num>
<intro>
<p>a—</p>
</intro>
<subparagraph eId="p01364">
<num>i</num>
<content>
<p>fixed penalty under section 302(1) of this Act;</p>
</content>
</subparagraph>
<subparagraph eId="p01365">
<num>ii</num>
<content>
<p>compensation offer under section 302A(1) of this Act,</p>
</content>
</subparagraph>
<wrapUp>
<p>that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01366">
<num>b</num>
<content>
<p>a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.</p>
</content>
</paragraph>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-53-2">
<num>2</num>
<content>
<p>In section 101 (previous convictions: solemn proceedings) of that Act, after subsection (8) there is added—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01368">
<num>9</num>
<content>
<p>This section, except subsection (2) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.</p>
</content>
</subsection>
<subsection eId="p01369">
<num>10</num>
<intro>
<p>Those alternative disposals are—</p>
</intro>
<paragraph eId="p01370">
<num>a</num>
<intro>
<p>a—</p>
</intro>
<subparagraph eId="p01371">
<num>i</num>
<content>
<p>fixed penalty under section 302(1) of this Act;</p>
</content>
</subparagraph>
<subparagraph eId="p01372">
<num>ii</num>
<content>
<p>compensation offer under section 302A(1) of this Act,</p>
</content>
</subparagraph>
<wrapUp>
<p>that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01373">
<num>b</num>
<content>
<p>a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01374">
<num>11</num>
<intro>
<p>Nothing in this section or in section 69 of this Act shall prevent the prosecutor, following conviction of an accused of an offence—</p>
</intro>
<paragraph eId="p01375">
<num>a</num>
<content>
<p>to which a fixed penalty offer made under section 302(1) of this Act related;</p>
</content>
</paragraph>
<paragraph eId="p01376">
<num>b</num>
<content>
<p>to which a compensation offer made under section 302A(1) of this Act related; or</p>
</content>
</paragraph>
<paragraph eId="p01377">
<num>c</num>
<content>
<p>to which a work offer made under section 303ZA(1) of this Act related,</p>
</content>
</paragraph>
<wrapUp>
<p>providing the judge with information about the making of the offer (including the terms of the offer).</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
<subsection eId="section-53-3">
<num>3</num>
<content>
<p>In section 166 (previous convictions: summary proceedings) of that Act, after subsection (8) there is added—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01379">
<num>9</num>
<content>
<p>This section, except subsection (8) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.</p>
</content>
</subsection>
<subsection eId="p01380">
<num>10</num>
<intro>
<p>Those alternative disposals are—</p>
</intro>
<paragraph eId="p01381">
<num>a</num>
<intro>
<p>a—</p>
</intro>
<subparagraph eId="p01382">
<num>i</num>
<content>
<p>fixed penalty under section 302(1) of this Act;</p>
</content>
</subparagraph>
<subparagraph eId="p01383">
<num>ii</num>
<content>
<p>compensation offer under section 302A(1) of this Act,</p>
</content>
</subparagraph>
<wrapUp>
<p>that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01384">
<num>b</num>
<content>
<p>a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01385">
<num>11</num>
<intro>
<p>Nothing in this section shall prevent the prosecutor, following conviction of an accused of an offence—</p>
</intro>
<paragraph eId="p01386">
<num>a</num>
<content>
<p>to which a fixed penalty offer made under section 302(1) of this Act related;</p>
</content>
</paragraph>
<paragraph eId="p01387">
<num>b</num>
<content>
<p>to which a compensation offer made under section 302A(1) of this Act related; or</p>
</content>
</paragraph>
<paragraph eId="p01388">
<num>c</num>
<content>
<p>to which a work offer made under section 303ZA(1) of this Act related,</p>
</content>
</paragraph>
<wrapUp>
<p>providing the judge with information about the making of the offer (including the terms of the offer).</p>
</wrapUp>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</subsection>
</section>
<section eId="section-54">
<num>54</num>
<heading>Time bar where offer made</heading>
<content>
<p>
After section 136A of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
(inserted by section 23 of this Act) there is inserted—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<section eId="p01392">
<num>136B</num>
<heading>
Time limits where fixed penalty offer
<abbr title="et cetera" xml:lang="la">etc.</abbr>
made
</heading>
<subsection eId="p01393">
<num>1</num>
<intro>
<p>For the purposes of section 136 of this Act, and any provision of any other enactment for a time limit within which proceedings are to be commenced, in calculating the period since a contravention occurred—</p>
</intro>
<paragraph eId="p01394">
<num>a</num>
<intro>
<p>where a fixed penalty offer is made under section 302(1) of this Act, the period between the date of the offer and—</p>
</intro>
<subparagraph eId="p01395">
<num>i</num>
<content>
<p>the receipt by the procurator fiscal of a notice under section 302(4) of this Act;</p>
</content>
</subparagraph>
<subparagraph eId="p01396">
<num>ii</num>
<content>
<p>a recall of the fixed penalty by virtue of section 302C of this Act,</p>
</content>
</subparagraph>
<wrapUp>
<p>shall be disregarded;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01397">
<num>b</num>
<intro>
<p>where a compensation offer is made under section 302A(1) of this Act, the period between the date of the offer and—</p>
</intro>
<subparagraph eId="p01398">
<num>i</num>
<content>
<p>the receipt by the procurator fiscal of a notice under section 302A(4) of this Act;</p>
</content>
</subparagraph>
<subparagraph eId="p01399">
<num>ii</num>
<content>
<p>a recall of the offer by virtue of section 302C of this Act,</p>
</content>
</subparagraph>
<wrapUp>
<p>shall be disregarded;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01400">
<num>c</num>
<intro>
<p>where a work offer is made under section 303ZA(1) of this Act, the period between the date of the offer and—</p>
</intro>
<subparagraph eId="p01401">
<num>i</num>
<content>
<p>if the alleged offender does not accept the offer in the manner described in section 303ZA(5) of this Act, the last date for notice of acceptance of the offer;</p>
</content>
</subparagraph>
<subparagraph eId="p01402">
<num>ii</num>
<content>
<p>if the alleged offender accepts the offer as so described, but fails to complete the subsequent work order, the date specified for completion of the order,</p>
</content>
</subparagraph>
<wrapUp>
<p>shall be disregarded.</p>
</wrapUp>
</paragraph>
</subsection>
<subsection eId="p01403">
<num>2</num>
<content>
<p>A certificate purporting to be signed by or on behalf of the prosecutor which states a period to be disregarded by virtue of subsection (1) above is sufficient authority for the period to be disregarded.</p>
</content>
</subsection>
</section>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-3-crossheading-enforcement-of-fines-etc">
<heading>
Enforcement of fines
<abbr title="et cetera" xml:lang="la">etc.</abbr>
</heading>
<section eId="section-55">
<num>55</num>
<heading>Fines enforcement officers and their functions</heading>
<content>
<p>
After section 226 of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
there is inserted—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<hcontainer name="crossheading" eId="p01407">
<heading>
Enforcement of fines
<abbr title="et cetera" xml:lang="la">etc.</abbr>
: fines enforcement officers
</heading>
<section eId="p01409">
<num>226A</num>
<heading>Fines enforcement officers</heading>
<subsection eId="p01410">
<num>1</num>
<content>
<p>The Scottish Ministers may authorise persons (including classes of person) to act as fines enforcement officers for any or all of the purposes of this section and sections 226B to 226H of this Act.</p>
</content>
</subsection>
<subsection eId="p01411">
<num>2</num>
<intro>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
has the general functions of—
</p>
</intro>
<paragraph eId="p01412">
<num>a</num>
<content>
<p>providing information and advice to offenders as regards payment of relevant penalties;</p>
</content>
</paragraph>
<paragraph eId="p01413">
<num>b</num>
<content>
<p>securing compliance of offenders with enforcement orders (including as varied under section 226C(1) of this Act).</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01414">
<num>3</num>
<intro>
<p>
Where an offender is subject to two or more relevant penalties, a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
</p>
</intro>
<paragraph eId="p01415">
<num>a</num>
<content>
<p>in exercising the function conferred by subsection (2)(b) above;</p>
</content>
</paragraph>
<paragraph eId="p01416">
<num>b</num>
<content>
<p>in considering whether or not to vary an enforcement order under section 226C(1) of this Act,</p>
</content>
</paragraph>
<wrapUp>
<p>shall have regard to that fact and to the total amount which the offender is liable to pay in respect of them.</p>
</wrapUp>
</subsection>
<subsection eId="p01417">
<num>4</num>
<content>
<p>
Where an enforcement order as respects an offender has been made in a sheriff court district other than that in which the offender resides, a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
for the district in which the offender resides may (whether or not those districts are in the same sheriffdom) take responsibility for exercising functions in relation to the order.
</p>
</content>
</subsection>
<subsection eId="p01418">
<num>5</num>
<intro>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
taking responsibility for exercising functions by virtue of subsection (4) above is to notify that fact to—
</p>
</intro>
<paragraph eId="p01419">
<num>a</num>
<content>
<p>the offender; and</p>
</content>
</paragraph>
<paragraph eId="p01420">
<num>b</num>
<content>
<p>
any
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
for the district in which the enforcement order was made.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01421">
<num>6</num>
<intro>
<p>Notification under subsection (5)(b) above has the effect of transferring functions in relation to the enforcement order—</p>
</intro>
<paragraph eId="p01422">
<num>a</num>
<content>
<p>
from any
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
for the district in which the order was made; and
</p>
</content>
</paragraph>
<paragraph eId="p01423">
<num>b</num>
<content>
<p>
to a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
for the district in which the offender resides.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01424">
<num>7</num>
<content>
<p>
The Scottish Ministers may by regulations make further provision as to
<abbr title="fines enforcement officers" xml:lang="">FEOs</abbr>
and their functions.
</p>
</content>
</subsection>
<subsection eId="p01425">
<num>8</num>
<content>
<p>Regulations under subsection (7) above are not made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.</p>
</content>
</subsection>
</section>
<section eId="p01427">
<num>226B</num>
<heading>Enforcement orders</heading>
<subsection eId="p01428">
<num>1</num>
<content>
<p>When a court grants time to pay (or further time to pay) a relevant penalty (or an instalment of it) under section 214 or 215 of this Act, the court shall make an enforcement order under this subsection in relation to payment of the penalty.</p>
</content>
</subsection>
<subsection eId="p01429">
<num>2</num>
<content>
<p>Despite subsection (1) above, a court need not make an enforcement order where it considers that it would not be appropriate to do so in the circumstances of the case.</p>
</content>
</subsection>
<subsection eId="p01430">
<num>3</num>
<content>
<p>Where, by virtue of subsection (2) above, a court does not make an enforcement order under subsection (1) above, it may subsequently make an enforcement order under that subsection in relation to payment of the penalty.</p>
</content>
</subsection>
<subsection eId="p01431">
<num>4</num>
<intro>
<p>Where—</p>
</intro>
<paragraph eId="p01432">
<num>a</num>
<intro>
<p>a person has accepted (or is deemed to have accepted)—</p>
</intro>
<subparagraph eId="p01433">
<num>i</num>
<content>
<p>a fixed penalty offer under section 302(1) of this Act; or</p>
</content>
</subparagraph>
<subparagraph eId="p01434">
<num>ii</num>
<content>
<p>a compensation offer under section 302A(1) of this Act; and</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01435">
<num>b</num>
<content>
<p>payment (or payment of an instalment) has not been made as required by the offer,</p>
</content>
</paragraph>
<wrapUp>
<p>the relevant court may make an enforcement order under this subsection in relation to the payment due.</p>
</wrapUp>
</subsection>
<subsection eId="p01436">
<num>5</num>
<intro>
<p>Where—</p>
</intro>
<paragraph eId="p01437">
<num>a</num>
<intro>
<p>a person is liable to pay—</p>
</intro>
<subparagraph eId="p01438">
<num>i</num>
<content>
<p>
a fixed penalty notice given under section 54 (giving notices for fixed penalty offences), or section 62 (fixing notices to vehicles) of the Road Traffic Offenders Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/53">1988 (c. 53)</ref>
, which has been registered under section 71 of that Act; or
</p>
</content>
</subparagraph>
<subparagraph eId="p01439">
<num>ii</num>
<content>
<p>
by virtue of section 131(5) of the Antisocial Behaviour
<abbr title="et cetera" xml:lang="la">etc.</abbr>
(Scotland) Act
<ref href="http://www.legislation.gov.uk/id/asp/2004/8">2004 (asp 8)</ref>
, a fixed penalty notice given under section 129 (fixed penalty notices) of that Act; and
</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01440">
<num>b</num>
<content>
<p>payment (or payment of an instalment) has not been made as required by the penalty,</p>
</content>
</paragraph>
<wrapUp>
<p>the relevant court may make an enforcement order under this subsection in relation to the payment due.</p>
</wrapUp>
</subsection>
<subsection eId="p01441">
<num>6</num>
<intro>
<p>Where there is transferred to a court in Scotland a fine—</p>
</intro>
<paragraph eId="p01442">
<num>a</num>
<content>
<p>imposed by a court in England and Wales; and</p>
</content>
</paragraph>
<paragraph eId="p01443">
<num>b</num>
<content>
<p>
in relation to which a collection order (within the meaning of Part 4 of Schedule 5 to the Courts Act
<ref href="http://www.legislation.gov.uk/id/ukpga/2003/39">2003 (c. 39)</ref>
) has been made,
</p>
</content>
</paragraph>
<wrapUp>
<p>the relevant court may make an enforcement order under this subsection in relation to payment of the fine.</p>
</wrapUp>
</subsection>
<subsection eId="p01444">
<num>7</num>
<intro>
<p>An enforcement order under subsection (4), (5) or (6) above may be made—</p>
</intro>
<paragraph eId="p01445">
<num>a</num>
<content>
<p>on the oral or written application of the clerk of court; and</p>
</content>
</paragraph>
<paragraph eId="p01446">
<num>b</num>
<content>
<p>without the offender being present.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01447">
<num>8</num>
<intro>
<p>An enforcement order shall—</p>
</intro>
<paragraph eId="p01448">
<num>a</num>
<content>
<p>state the amount of the relevant penalty;</p>
</content>
</paragraph>
<paragraph eId="p01449">
<num>b</num>
<intro>
<p>require payment of the relevant penalty in accordance with—</p>
</intro>
<subparagraph eId="p01450">
<num>i</num>
<content>
<p>such arrangements as to the amount of the instalments by which the relevant penalty should be paid and as to the intervals at which such instalments should be paid;</p>
</content>
</subparagraph>
<subparagraph eId="p01451">
<num>ii</num>
<content>
<p>such other arrangements,</p>
</content>
</subparagraph>
<wrapUp>
<p>as the order may specify;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01452">
<num>c</num>
<content>
<p>
provide contact details for the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
dealing with the enforcement order;
</p>
</content>
</paragraph>
<paragraph eId="p01453">
<num>d</num>
<content>
<p>explain the effect of the enforcement order.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01454">
<num>9</num>
<intro>
<p>Where a court makes (or is to make) an enforcement order in relation to a fine—</p>
</intro>
<paragraph eId="p01455">
<num>a</num>
<intro>
<p>a court may not impose imprisonment—</p>
</intro>
<subparagraph eId="p01456">
<num>i</num>
<content>
<p>under section 214(4) of this Act; or</p>
</content>
</subparagraph>
<subparagraph eId="p01457">
<num>ii</num>
<content>
<p>under section 219(1) of this Act,</p>
</content>
</subparagraph>
<wrapUp>
<p>in respect of the fine;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01458">
<num>b</num>
<intro>
<p>a court may not—</p>
</intro>
<subparagraph eId="p01459">
<num>i</num>
<content>
<p>allow further time for payment under subsection (9)(a) of section 214 of this Act; or</p>
</content>
</subparagraph>
<subparagraph eId="p01460">
<num>ii</num>
<content>
<p>make an order under subsection (9)(b) of that section,</p>
</content>
</subparagraph>
<wrapUp>
<p>in respect of the fine;</p>
</wrapUp>
</paragraph>
<paragraph eId="p01461">
<num>c</num>
<content>
<p>the offender may not make an application under section 215(1) of this Act in respect of the fine.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01462">
<num>10</num>
<content>
<p>Paragraphs (a) to (c) of subsection (9) above apply for so long as the enforcement order continues to have effect.</p>
</content>
</subsection>
<subsection eId="p01463">
<num>11</num>
<intro>
<p>An enforcement order ceases to have effect if—</p>
</intro>
<paragraph eId="p01464">
<num>a</num>
<content>
<p>the relevant penalty is paid (including by application of any proceeds of enforcement action); or</p>
</content>
</paragraph>
<paragraph eId="p01465">
<num>b</num>
<content>
<p>it is revoked under section 226G(9)(a) of this Act.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="p01467">
<num>226C</num>
<heading>Variation for further time to pay</heading>
<subsection eId="p01468">
<num>1</num>
<intro>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
dealing with an enforcement order may—
</p>
</intro>
<paragraph eId="p01469">
<num>a</num>
<content>
<p>on the application of the offender; and</p>
</content>
</paragraph>
<paragraph eId="p01470">
<num>b</num>
<content>
<p>having regard to the circumstances of the offender,</p>
</content>
</paragraph>
<wrapUp>
<p>vary the arrangements specified in the order for payment of the relevant penalty.</p>
</wrapUp>
</subsection>
<subsection eId="p01471">
<num>2</num>
<intro>
<p>That is, by—</p>
</intro>
<paragraph eId="p01472">
<num>a</num>
<content>
<p>allowing the offender further time to pay the penalty (or any instalment of it);</p>
</content>
</paragraph>
<paragraph eId="p01473">
<num>b</num>
<content>
<p>allowing the offender to pay the penalty by instalments of such lesser amounts, or at such longer intervals, as those specified in the enforcement order.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01474">
<num>3</num>
<content>
<p>An application by an offender for the purpose of subsection (1) above may be made orally or in writing.</p>
</content>
</subsection>
<subsection eId="p01475">
<num>4</num>
<intro>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
shall notify the offender concerned of any—
</p>
</intro>
<paragraph eId="p01476">
<num>a</num>
<content>
<p>variation under subsection (1) above;</p>
</content>
</paragraph>
<paragraph eId="p01477">
<num>b</num>
<content>
<p>refusal of an application for variation under that subsection.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="p01479">
<num>226D</num>
<heading>Seizure of vehicles</heading>
<subsection eId="p01480">
<num>1</num>
<intro>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
may, for the purpose mentioned in subsection (2) below, direct that a motor vehicle belonging to the offender be—
</p>
</intro>
<paragraph eId="p01481">
<num>a</num>
<content>
<p>immobilised;</p>
</content>
</paragraph>
<paragraph eId="p01482">
<num>b</num>
<content>
<p>impounded.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01483">
<num>2</num>
<content>
<p>The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.</p>
</content>
</subsection>
<subsection eId="p01484">
<num>3</num>
<intro>
<p>For the purposes of this section—</p>
</intro>
<paragraph eId="p01485">
<num>a</num>
<content>
<p>
a vehicle belongs to an offender if it is registered under the Vehicle Excise and Registration Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1994/22">1994 (c. 22)</ref>
in the offender’s name;
</p>
</content>
</paragraph>
<paragraph eId="p01486">
<num>b</num>
<intro>
<p>a reference—</p>
</intro>
<subparagraph eId="p01487">
<num>i</num>
<content>
<p>to a vehicle being immobilised is to its being fitted with an immobilisation device in accordance with regulations made under subsection (12) below;</p>
</content>
</subparagraph>
<subparagraph eId="p01488">
<num>ii</num>
<content>
<p>to a vehicle being impounded is to its being taken to a place of custody in accordance with regulations made under that subsection;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01489">
<num>c</num>
<content>
<p>a direction under subsection (1) above is referred to as a “seizure order”.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01490">
<num>4</num>
<content>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
shall notify the offender concerned that a seizure order has been carried out.
</p>
</content>
</subsection>
<subsection eId="p01491">
<num>5</num>
<intro>
<p>Where—</p>
</intro>
<paragraph eId="p01492">
<num>a</num>
<content>
<p>a seizure order has been carried out; and</p>
</content>
</paragraph>
<paragraph eId="p01493">
<num>b</num>
<content>
<p>at the end of such period as may be specified in regulations made under subsection (12) below, any part of the relevant penalty remains unpaid,</p>
</content>
</paragraph>
<wrapUp>
<p>
a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
may apply to the relevant court for an order under subsection (6) below.
</p>
</wrapUp>
</subsection>
<subsection eId="p01494">
<num>6</num>
<intro>
<p>The court may make an order under this subsection—</p>
</intro>
<paragraph eId="p01495">
<num>a</num>
<content>
<p>for the sale or other disposal of the vehicle in accordance with regulations made under subsection (12) below;</p>
</content>
</paragraph>
<paragraph eId="p01496">
<num>b</num>
<content>
<p>for any proceeds of the disposal to be applied in accordance with regulations made under that subsection in payment of or towards the unpaid amount of the relevant penalty;</p>
</content>
</paragraph>
<paragraph eId="p01497">
<num>c</num>
<content>
<p>
for any remainder of those proceeds to be applied in accordance with regulations made under that subsection in payment of or towards any reasonable expenses incurred by the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
in relation to the seizure order;
</p>
</content>
</paragraph>
<paragraph eId="p01498">
<num>d</num>
<content>
<p>subject to paragraphs (b) and (c) above, for any balance to be given to the offender.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01499">
<num>7</num>
<intro>
<p>Where, before a vehicle which is the subject of a seizure order is disposed of—</p>
</intro>
<paragraph eId="p01500">
<num>a</num>
<content>
<p>a third party claims to own the vehicle; and</p>
</content>
</paragraph>
<paragraph eId="p01501">
<num>b</num>
<intro>
<p>either—</p>
</intro>
<subparagraph eId="p01502">
<num>i</num>
<content>
<p>
a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
is satisfied that the claim is valid (and that there are no reasonable grounds for believing that the claim is disputed by the offender or any other person from whose possession the vehicle was taken); or
</p>
</content>
</subparagraph>
<subparagraph eId="p01503">
<num>ii</num>
<content>
<p>the sheriff, on an application by the third party, makes an order that the sheriff is so satisfied,</p>
</content>
</subparagraph>
</paragraph>
<wrapUp>
<p>the seizure order ceases to have effect.</p>
</wrapUp>
</subsection>
<subsection eId="p01504">
<num>8</num>
<content>
<p>An application for the purposes of subsection (7)(b)(ii) above does not preclude any other proceedings for recovery of the vehicle.</p>
</content>
</subsection>
<subsection eId="p01505">
<num>9</num>
<intro>
<p>A person commits an offence if, without lawful authority or reasonable excuse, the person removes or attempts to remove—</p>
</intro>
<paragraph eId="p01506">
<num>a</num>
<content>
<p>an immobilisation device fitted;</p>
</content>
</paragraph>
<paragraph eId="p01507">
<num>b</num>
<content>
<p>a notice fixed,</p>
</content>
</paragraph>
<wrapUp>
<p>to a motor vehicle in pursuance of a seizure order.</p>
</wrapUp>
</subsection>
<subsection eId="p01508">
<num>10</num>
<content>
<p>A person guilty of an offence under subsection (9) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.</p>
</content>
</subsection>
<subsection eId="p01509">
<num>11</num>
<intro>
<p>A seizure order must not be made in respect of a vehicle—</p>
</intro>
<paragraph eId="p01510">
<num>a</num>
<content>
<p>which displays a valid disabled person’s badge; or</p>
</content>
</paragraph>
<paragraph eId="p01511">
<num>b</num>
<content>
<p>in relation to which there are reasonable grounds for believing that it is used primarily for the carriage of a disabled person.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01512">
<num>12</num>
<content>
<p>The Scottish Ministers may make regulations for the purposes of and in connection with this section.</p>
</content>
</subsection>
<subsection eId="p01513">
<num>13</num>
<intro>
<p>Regulations under subsection (12) above may, in particular, include provision—</p>
</intro>
<paragraph eId="p01514">
<num>a</num>
<content>
<p>as to circumstances in which a seizure order may (or may not) be made;</p>
</content>
</paragraph>
<paragraph eId="p01515">
<num>b</num>
<content>
<p>as regards the value of a vehicle seizable compared to the amount of a relevant penalty which is unpaid;</p>
</content>
</paragraph>
<paragraph eId="p01516">
<num>c</num>
<content>
<p>by reference to subsection (3)(a) and (7) above or otherwise, for protecting the interests of owners of vehicles apart from offenders;</p>
</content>
</paragraph>
<paragraph eId="p01517">
<num>d</num>
<content>
<p>relating to subsections (3)(b), (5)(b) and (6) above;</p>
</content>
</paragraph>
<paragraph eId="p01518">
<num>e</num>
<content>
<p>as to the fixing of notices to vehicles to which an immobilisation device has been fitted;</p>
</content>
</paragraph>
<paragraph eId="p01519">
<num>f</num>
<content>
<p>as to the keeping and release of vehicles immobilised or impounded (including as to conditions of release);</p>
</content>
</paragraph>
<paragraph eId="p01520">
<num>g</num>
<intro>
<p>as to the payment of reasonable fees, charges or other costs in relation to—</p>
</intro>
<subparagraph eId="p01521">
<num>i</num>
<content>
<p>the immobilisation or impounding of vehicles;</p>
</content>
</subparagraph>
<subparagraph eId="p01522">
<num>ii</num>
<content>
<p>the keeping, release or disposal of vehicles immobilised or impounded.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="p01523">
<num>14</num>
<content>
<p>Regulations under subsection (12) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.</p>
</content>
</subsection>
<subsection eId="p01524">
<num>15</num>
<content>
<p>In this section—</p>
<blockList class="unordered">
<item>
<p>
“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1970/44">1970 (c. 44)</ref>
;
</p>
</item>
<item>
<p>
“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1984/27">1984 (c. 27)</ref>
;
</p>
</item>
<item>
<p>
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads (except that section 189 of the Road Traffic Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/52">1988 (c. 52)</ref>
applies for the purposes of this section as it applies for the purposes of that Act).
</p>
</item>
</blockList>
</content>
</subsection>
</section>
<section eId="p01526">
<num>226E</num>
<heading>Deduction from benefits</heading>
<subsection eId="p01527">
<num>1</num>
<content>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
may, for the purpose mentioned in subsection (2) below, request the relevant court to make an application under regulations made under section 24(1)(a) of the Criminal Justice Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/53">1991 (c. 53)</ref>
for deductions as described in that section.
</p>
</content>
</subsection>
<subsection eId="p01528">
<num>2</num>
<content>
<p>The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.</p>
</content>
</subsection>
</section>
<section eId="p01530">
<num>226F</num>
<heading>Powers of diligence</heading>
<subsection eId="p01531">
<num>1</num>
<content>
<p>When a court makes an enforcement order, it shall grant a warrant for civil diligence in the form prescribed by Act of Adjournal.</p>
</content>
</subsection>
<subsection eId="p01532">
<num>2</num>
<content>
<p>
A warrant granted under subsection (1) above authorises a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
to execute the types of diligence mentioned in subsection (3) below for the purpose mentioned in subsection (4) below.
</p>
</content>
</subsection>
<subsection eId="p01533">
<num>3</num>
<intro>
<p>The types of diligence are—</p>
</intro>
<paragraph eId="p01534">
<num>a</num>
<content>
<p>arrestment of earnings; and</p>
</content>
</paragraph>
<paragraph eId="p01535">
<num>b</num>
<content>
<p>arrestment of funds standing in accounts held at any bank or other financial institution.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01536">
<num>4</num>
<content>
<p>The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.</p>
</content>
</subsection>
<subsection eId="p01537">
<num>5</num>
<content>
<p>
The types of diligence mentioned in subsection (3) above may (whatever the amount of the relevant penalty concerned) be executed by an
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
in the same manner as if authorised by a warrant granted by the sheriff in a summary cause.
</p>
</content>
</subsection>
<subsection eId="p01538">
<num>6</num>
<content>
<p>
However, the power of
<abbr title="fines enforcement officers" xml:lang="">FEOs</abbr>
to execute the types of diligence mentioned in subsection (3) above is subject to such provision as the Scottish Ministers may by regulations make.
</p>
</content>
</subsection>
<subsection eId="p01539">
<num>7</num>
<intro>
<p>Provision in regulations under subsection (6) above may, in particular—</p>
</intro>
<paragraph eId="p01540">
<num>a</num>
<content>
<p>
specify circumstances in which the types of diligence mentioned in subsection (3) above are (or are not) to be executed by a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
;
</p>
</content>
</paragraph>
<paragraph eId="p01541">
<num>b</num>
<content>
<p>
modify the application of any enactment (including subsection (5) above) or rule of law applying in relation to those types of diligence in so far as they may be executed by a
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01542">
<num>8</num>
<content>
<p>Regulations under subsection (6) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.</p>
</content>
</subsection>
</section>
<section eId="p01544">
<num>226G</num>
<heading>Reference of case to court</heading>
<subsection eId="p01545">
<num>1</num>
<intro>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
may refer an enforcement order to the relevant court where—
</p>
</intro>
<paragraph eId="p01546">
<num>a</num>
<content>
<p>
the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
believes that payment of a relevant penalty, or any remaining part of a relevant penalty, to which an enforcement order relates is unlikely to be obtained;
</p>
</content>
</paragraph>
<paragraph eId="p01547">
<num>b</num>
<content>
<p>
for any other reason (including failure of the offender to co-operate with the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
) the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
considers it expedient to do so.
</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01548">
<num>2</num>
<content>
<p>
A
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
may make a reference under subsection (1) above at any time from the day after the enforcement order is made.
</p>
</content>
</subsection>
<subsection eId="p01549">
<num>3</num>
<content>
<p>
When making a reference under subsection (1) above, the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
shall provide the court with a report on the circumstances of the case.
</p>
</content>
</subsection>
<subsection eId="p01550">
<num>4</num>
<intro>
<p>A report under subsection (3) above shall include, in particular—</p>
</intro>
<paragraph eId="p01551">
<num>a</num>
<content>
<p>
a copy of any report from a supervising officer received by the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
under section 217(9) of this Act; and
</p>
</content>
</paragraph>
<paragraph eId="p01552">
<num>b</num>
<intro>
<p>information about—</p>
</intro>
<subparagraph eId="p01553">
<num>i</num>
<content>
<p>the steps taken by the enforcement officer to obtain payment of or towards the relevant penalty; and</p>
</content>
</subparagraph>
<subparagraph eId="p01554">
<num>ii</num>
<content>
<p>any effort (or lack of effort) made by the offender to make payment of or towards the penalty.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="p01555">
<num>5</num>
<content>
<p>Where a reference is made under subsection (1) above, the relevant court shall enquire of the offender as to the reason why the relevant penalty (or an instalment of it) has not been paid.</p>
</content>
</subsection>
<subsection eId="p01556">
<num>6</num>
<content>
<p>Subsection (5) above does not apply where the offender is in prison.</p>
</content>
</subsection>
<subsection eId="p01557">
<num>7</num>
<content>
<p>Subsections (3) to (7) of section 216 of this Act apply in relation to subsection (5) above as they apply in relation to subsection (1) of that section.</p>
</content>
</subsection>
<subsection eId="p01558">
<num>8</num>
<intro>
<p>After the court has considered—</p>
</intro>
<paragraph eId="p01559">
<num>a</num>
<content>
<p>
the report provided by the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
under subsection (3) above; and
</p>
</content>
</paragraph>
<paragraph eId="p01560">
<num>b</num>
<content>
<p>any information obtained by enquiry under subsection (5) above,</p>
</content>
</paragraph>
<wrapUp>
<p>the court may dispose of the case as mentioned in subsection (9) below.</p>
</wrapUp>
</subsection>
<subsection eId="p01561">
<num>9</num>
<intro>
<p>That is, the court may—</p>
</intro>
<paragraph eId="p01562">
<num>a</num>
<content>
<p>revoke the enforcement order and deal with the offender as if the enforcement order had never been made;</p>
</content>
</paragraph>
<paragraph eId="p01563">
<num>b</num>
<content>
<p>vary the enforcement order;</p>
</content>
</paragraph>
<paragraph eId="p01564">
<num>c</num>
<content>
<p>confirm the enforcement order as previously made;</p>
</content>
</paragraph>
<paragraph eId="p01565">
<num>d</num>
<content>
<p>
direct the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
to take specified steps to secure payment of or towards the relevant penalty in accordance with the enforcement order (including as varied under paragraph (b) above);
</p>
</content>
</paragraph>
<paragraph eId="p01566">
<num>e</num>
<content>
<p>make such other order as it thinks fit.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="p01568">
<num>226H</num>
<heading>
Review of actions of
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
</heading>
<subsection eId="p01569">
<num>1</num>
<intro>
<p>The offender may apply to the relevant court for review—</p>
</intro>
<paragraph eId="p01570">
<num>a</num>
<intro>
<p>in relation to an enforcement order—</p>
</intro>
<subparagraph eId="p01571">
<num>i</num>
<content>
<p>of any variation under section 226C(1) of this Act;</p>
</content>
</subparagraph>
<subparagraph eId="p01572">
<num>ii</num>
<content>
<p>of any refusal of an application for variation under that section;</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="p01573">
<num>b</num>
<content>
<p>of the making of a seizure order under section 226D(1) of this Act.</p>
</content>
</paragraph>
</subsection>
<subsection eId="p01574">
<num>2</num>
<content>
<p>An application under subsection (1) above requires to be made within 7 days of notification under section 226C(4) of this Act or (as the case may be) section 226D(4) of this Act.</p>
</content>
</subsection>
<subsection eId="p01575">
<num>3</num>
<intro>
<p>On an application under subsection (1) above, the relevant court may—</p>
</intro>
<paragraph eId="p01576">
<num>a</num>
<content>
<p>
confirm, vary or quash the decision of the
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
;
</p>
</content>
</paragraph>
<paragraph eId="p01577">
<num>b</num>
<content>
<p>make such other order as it thinks fit.</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="p01579">
<num>226I</num>
<heading>
Enforcement of fines
<abbr title="et cetera" xml:lang="la">etc.</abbr>
: interpretation
</heading>
<subsection eId="p01580">
<num>1</num>
<content>
<p>In this section and sections 226A to 226H of this Act—</p>
<blockList class="unordered">
<item>
<p>“enforcement order” is to be construed in accordance with section 226B(1) and (4) to (6) of this Act;</p>
</item>
<item>
<p>
<abbr title="fines enforcement officer" xml:lang="">FEO</abbr>
” means a fines enforcement officer;
</p>
</item>
<item>
<p>“offender” means the person who is liable to pay a relevant penalty;</p>
</item>
<item>
<p>“relevant court”—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>in the case of a fine or compensation order, means—</p>
<blockList class="ordered">
<item>
<num>i</num>
<p>the court which imposed the penalty; or</p>
</item>
<item>
<num>ii</num>
<p>where the penalty is transferred to another court, that other court;</p>
</item>
</blockList>
</item>
<item>
<num>b</num>
<p>in the case of another relevant penalty (apart from a penalty specified by order for the purposes of this section), means—</p>
<blockList class="ordered">
<item>
<num>i</num>
<p>the court whose clerk is specified in the notice to the offender; or</p>
</item>
<item>
<num>ii</num>
<p>where the penalty is transferred to another court, that other court;</p>
</item>
</blockList>
</item>
<item>
<num>c</num>
<p>in the case of a penalty specified by order for the purposes of this section, means—</p>
<blockList class="ordered">
<item>
<num>i</num>
<p>the court whose clerk is specified in the notice to the offender;</p>
</item>
<item>
<num>ii</num>
<p>where the penalty is transferred to another court, that other court; or</p>
</item>
<item>
<num>iii</num>
<p>such other court as the order may specify for those purposes;</p>
</item>
</blockList>
</item>
</blockList>
</item>
<item>
<p>“relevant penalty” means—</p>
<blockList class="ordered">
<item>
<num>a</num>
<p>a fine;</p>
</item>
<item>
<num>b</num>
<p>a compensation order imposed under section 249 of this Act;</p>
</item>
<item>
<num>c</num>
<p>a fixed penalty offer made under section 302(1) of this Act;</p>
</item>
<item>
<num>d</num>
<p>a compensation offer made under section 302A(1) of this Act;</p>
</item>
<item>
<num>e</num>
<p>
a fixed penalty notice given under section 54 (giving notices for fixed penalty offences) or section 62 (fixing notices to vehicles) of the Road Traffic Offenders Act
<ref href="http://www.legislation.gov.uk/id/ukpga/1988/53">1988 (c. 53)</ref>
;
</p>
</item>
<item>
<num>f</num>
<p>
a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour
<abbr title="et cetera" xml:lang="la">etc.</abbr>
(Scotland) Act
<ref href="http://www.legislation.gov.uk/id/asp/2004/8">2004 (asp 8)</ref>
;
</p>
</item>
<item>
<num>g</num>
<p>such other penalty as the Scottish Ministers may by order specify for the purposes of this section.</p>
</item>
</blockList>
</item>
</blockList>
</content>
</subsection>
<subsection eId="p01581">
<num>2</num>
<content>
<p>An order specifying a penalty or a court for the purpose of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.</p>
</content>
</subsection>
</section>
</hcontainer>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
<section eId="section-56">
<num>56</num>
<heading>
Recognition of
<abbr class="Acronym" title="European Union">EU</abbr>
financial penalties
</heading>
<subsection eId="section-56-1">
<num>1</num>
<content>
<p>The Scottish Ministers may by order make provision for the purposes of and in connection with implementing any obligations of the United Kingdom created by or arising under the Framework Decision (so far as they have effect in or as regards Scotland).</p>
</content>
</subsection>
<subsection eId="section-56-2">
<num>2</num>
<intro>
<p>The provision may, in particular, confer functions—</p>
</intro>
<paragraph eId="section-56-2-a">
<num>a</num>
<content>
<p>on the Scottish Ministers,</p>
</content>
</paragraph>
<paragraph eId="section-56-2-b">
<num>b</num>
<content>
<p>on other persons.</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-56-3">
<num>3</num>
<intro>
<p>The provision—</p>
</intro>
<paragraph eId="section-56-3-a">
<num>a</num>
<content>
<p>must relate to fines and other financial penalties imposed by a court on conviction of an offence,</p>
</content>
</paragraph>
<paragraph eId="section-56-3-b">
<num>b</num>
<intro>
<p>may relate to financial penalties which are—</p>
</intro>
<subparagraph eId="section-56-3-b-i">
<num>i</num>
<content>
<p>accrued otherwise than on conviction of an offence, and</p>
</content>
</subparagraph>
<subparagraph eId="section-56-3-b-ii">
<num>ii</num>
<content>
<p>on default, enforced in the same manner as fines imposed by a court.</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-56-4">
<num>4</num>
<intro>
<p>The provision may not relate to—</p>
</intro>
<paragraph eId="section-56-4-a">
<num>a</num>
<content>
<p>orders for the confiscation of instrumentalities or proceeds of crime,</p>
</content>
</paragraph>
<paragraph eId="section-56-4-b">
<num>b</num>
<intro>
<p>orders of a civil nature which—</p>
</intro>
<subparagraph eId="section-56-4-b-i">
<num>i</num>
<content>
<p>arise out of a claim for damages and restitution, and</p>
</content>
</subparagraph>
<subparagraph eId="section-56-4-b-ii">
<num>ii</num>
<content>
<p>
are enforceable in accordance with Council Regulation
<ref href="http://www.legislation.gov.uk/european/regulation/2001/0044">
(
<abbr class="Acronym" title="European Community">EC</abbr>
) No 44/2001
</ref>
of 22 December 2000 (as amended) on jurisdiction and the recognition of judgements in civil and commercial matters.
</p>
</content>
</subparagraph>
</paragraph>
</subsection>
<subsection eId="section-56-5">
<num>5</num>
<content>
<p>Expressions used in subsections (3) and (4) and in the Framework Decision are to be construed in accordance with that Decision.</p>
</content>
</subsection>
<subsection eId="section-56-6">
<num>6</num>
<content>
<p>
In this section, “the Framework Decision” is Council Framework Decision 2005/214/
<abbr class="Acronym" title="Justice and Home Affairs">JHA</abbr>
of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.
</p>
</content>
</subsection>
</section>
</hcontainer>
<hcontainer name="crossheading" eId="part-3-crossheading-breach-of-postconviction-orders">
<heading>Breach of post-conviction orders</heading>
<section eId="section-57">
<num>57</num>
<heading>Probation and community service orders</heading>
<subsection eId="section-57-1">
<num>1</num>
<intro>
<p>
In section 232 (probation orders: failure to comply with requirement) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
</p>
</intro>
<paragraph eId="section-57-1-a">
<num>a</num>
<content>
<p>in subsection (1), for the words “information from” there is substituted “the basis of a report made to it by”,</p>
</content>
</paragraph>
<paragraph eId="section-57-1-b">
<num>b</num>
<content>
<p>after subsection (1) there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01606">
<num>1A</num>
<content>
<p>A copy of a report made under subsection (1) above shall be served on the probationer in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subsection>
<subsection eId="section-57-2">
<num>2</num>
<intro>
<p>In section 239 (community service orders: requirements) of that Act—</p>
</intro>
<paragraph eId="section-57-2-a">
<num>a</num>
<content>
<p>in subsection (4), for the words “information from” there is substituted “the basis of a report made to it by”,</p>
</content>
</paragraph>
<paragraph eId="section-57-2-b">
<num>b</num>
<content>
<p>after subsection (4) there is inserted—</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01610">
<num>4ZA</num>
<content>
<p>A copy of a report made under subsection (4) above shall be served on the offender in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</paragraph>
</subsection>
</section>
<section eId="section-58">
<num>58</num>
<heading>Restriction of liberty orders</heading>
<content>
<p>
In section 245F (breach of restriction of liberty order) of the
<abbr title="Criminal Procedure (Scotland) Act 1995 c. 46" xml:lang="">1995 Act</abbr>
, after subsection (2) there is inserted—
</p>
<p class="BlockAmendment">
<mod>
<quotedStructure class="primary unknown main default" startQuote="" endQuote="">
<subsection eId="p01613">
<num>2A</num>
<content>
<p>For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.</p>
</content>
</subsection>
</quotedStructure>
</mod>
<inline name="AppendText">.</inline>
</p>
</content>
</section>
</hcontainer>
</part>
</portionBody>
</portion>
</akomaNtoso>