- Latest available (Revised)
- Point in Time (26/12/2023)
- Original (As enacted)
Point in time view as at 26/12/2023.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Ss. 253A-253E and cross-heading inserted (25.8.2020 for the insertion of s. 253B for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 25, 34; S.S.I. 2020/237, art. 2; S.S.I. 2020/405, art. 2(b) (with art. 3)
(1)This section applies where a person (“P”) is convicted of an offence under section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (police assault etc.).
(2)The court, instead of or in addition to dealing with P in any other way, may make an order to be known as a restitution order requiring P to pay an amount not exceeding the prescribed sum (as defined in section 225(8)).
(3)The Scottish Ministers may by regulations amend subsection (2) so as to substitute for the amount for the time being specified such other amount as may be prescribed by, or determined in accordance with, the regulations.
(4)Any amount paid in respect of a restitution order is to be paid to the clerk of any court or any other person (or class of person) authorised by the Scottish Ministers for the purpose.
(5)Regulations under subsection (3) are subject to the negative procedure.
[F2(6)A restitution order is to be treated as a sentence for the purposes of any appeal under this Act.]
Textual Amendments
F2S. 253A(6) inserted (3.2.2021) by The Victims and Witnesses (Scotland) Act 2014 (Supplementary Provisions) Order 2021 (S.S.I. 2021/57), arts. 1(2), 2(3)
Modifications etc. (not altering text)
C1S. 253A(2) applied (25.11.2019 for specified purposes, 10.2.2021 in so far as not already in force) by 2002 c. 29, s. 97A(9) (as inserted by Serious Crime Act 2015 (c. 9), ss. 15(2), 88(2)(a); S.S.I. 2019/281, reg. 2; S.S.I. 2020/407, reg. 2(1)(a))
(1)A person to whom any amount is paid under section 253A in respect of a restitution order must pay the amount to the Scottish Ministers.
(2)The Scottish Ministers must pay any amount received by virtue of subsection (1) into a fund to be known as the Restitution Fund.
(3)The Scottish Ministers must establish, maintain and administer the Restitution Fund for the purpose of securing the provision of support services for persons who have been assaulted as mentioned in section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (“victims”).
(4)Any payment out of the fund may be made only to—
(a)a person who provides or secures the provision of support services for victims, or
(b)the Scottish Ministers or, with the consent of the Scottish Ministers, a person specified by order by virtue of subsection (5) in respect of outlays incurred in administering the fund.
(5)The Scottish Ministers may delegate to such person as they may specify by order the duties imposed on them by subsection (3) of establishing, maintaining and administering the Restitution Fund.
(6)The Scottish Ministers may by order make further provision about the administration of the Restitution Fund including provision for or in connection with—
(a)specifying persons or classes of person to or in respect of whom payments may be made out of the fund (but subject to subsection (4)),
(b)the making of payments out of the fund,
(c)requiring financial or other records to be kept,
(d)the making of reports to the Scottish Government containing such information and in respect of such periods as may be specified.
(7)An order under subsection (5) or (6) is subject to the affirmative procedure.
(8)In this section, “support services”, in relation to a victim, means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim.
(1)Subsection (2) applies where a court considers in relation to an offence that it would be appropriate—
(a)to make a restitution order,
(b)to impose a fine, and
(c)to make a compensation order.
(2)If the person convicted of the offence (“P”) has insufficient means to pay an appropriate amount under a restitution order, to pay an appropriate fine and to pay an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.
(3)Subsection (4) applies where a court considers in relation to an offence that it would be appropriate—
(a)to make a restitution order, and
(b)to impose a fine or make a compensation order.
(4)If P has insufficient means to pay an appropriate amount under a restitution order and to pay an appropriate fine or, as the case may be, an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.
(1)This section applies where the court makes a restitution order in relation to a person (“P”) convicted of an offence and also in respect of the same offence or different offences in the same proceedings—
(a)imposes a fine and makes a compensation order, or
(b)imposes a fine or makes a compensation order.
(2)A payment by P must be applied in the following order—
(a)the payment must first be applied in satisfaction of the compensation order,
(b)the payment must next be applied in satisfaction of the restitution order,
(c)the payment must then be applied in satisfaction of the fine.
(1)The provisions of this Act specified in subsection (2) apply in relation to restitution orders as they apply in relation to fines but subject to the modifications mentioned in subsection (2) and to any other necessary modifications.
(2)The provisions are—
[F3(za)section 121(4),
(zb)section 193(3),]
(a)section 211(3) and (7),
(b)section 212,
(c)section 213 (with the modification that subsection (2) is to be read as if the words “or (4)” were omitted),
(d)section 214(1) to (4) and (6) to (9) (with the modification that subsection (4) is to be read as if the words from “unless” to “decision” were omitted),
(e)sections 215 to 217,
(f)subject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8),
(g)sections 220 to 224,
(h)section 248B.
(3)In the application of the provisions of section 219 mentioned in subsection (2)(f) for the purposes of subsection (1)—
(a)a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a restitution order but not vice versa,
(b)where a court imposes imprisonment both in respect of a fine and a restitution order, the amounts in respect of which imprisonment is imposed are to be aggregated for the purposes of section 219(2).]
Textual Amendments
F3S. 253E(2)(za)(zb) inserted (3.2.2021) by The Victims and Witnesses (Scotland) Act 2014 (Supplementary Provisions) Order 2021 (S.S.I. 2021/57), arts. 1(2), 2(4)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.