Criminal Justice (Scotland) Act 1963

Section 26

SCHEDULE 3 E+W+S Transfer of Fines

Part I E+W+S . . . F1

Textual Amendments

F1 Ss. 13, 16, 17, 23–25, 26(1), 27–47, Sch. 1 paras. 4–10, Sch. 3 Pt. I repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

X1 Part II E+W+S The Magistrates’ Courts Act 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.)

Editorial Information

X1 The text of Sch. 3 Pt. II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

After section 72 there shall be inserted the following sections:—

“72A Transfer of fine orders, Scotland.

(1) Where a Magistrates’ court has by a conviction adjudged a person to pay a sum and it appears to the court that the offender is residing in Scotland, the court may, unless a term of imprisonment has been fixed in the event of a future default in paying the sum in question, by order direct that payment of that sum shall be enforceable by a court of summary juridiction in Scotland, being a court within whose jurisdiction it appears as aforesaid that the offender is residing.

(2) Any order under this section shall specify the court of summary jurisdiction by which payment of the sum in question is to be enforceable, and if that sum is twenty pounds or more, the court to be so specified shall be the sheriff court.

(3) Where an order is made under this section with respect to this any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the convicting court, or the clerk of that court, shall cease to be so exercisable.

72B Transfer of fine orders from Scotland.

(1) Where a transfer of fine order within the meaning of section 44 of the Summary Jurisdiction (Scotland) Act 1954 orders that payment of a fine shall be enforceable in a specified petty sessions area in England and Wales, a magistrates’ court acting for that area, and the clerk of that court, shall, subject to the provisions of this section, have all like functions under this Part of this Act in respect of the fine (including power to make a transfer of fine order under section 72 or section 72A of this Act) as if the fine were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1954 in respect of the fine before the making of the transfer of fine order had been made by that court.

(2) For the purpose of determining the period of imprisonment which may be imposed under this Act by any court having jurisdiction by virtue of such a transfer of fine order as aforesaid in default of payment of the fine to which the order relates (including any court having such jurisdiction by virtue of an order made in respect of that fine under section 72 of this Act), Schedule 3 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 49(1) of the said Act of 1954 and as if paragraph 3 of that Schedule were omitted.”