Criminal Procedure (Scotland) Act 1995

[F1 4. (1) The court may not, in a community payback order imposed by virtue of paragraph 1, impose a compensation requirement. S

(2) Where the court would, but for sub-paragraph (1), have imposed a compensation requirement, the court must instead make a compensation order under section 249(1) of this Act.

(3) Sub-paragraph (4) applies where—

(a) the court varies a community payback order by virtue of paragraph 2, and

(b) the order imposes a compensation requirement.

(4) The court must—

(a) also vary the order so as to revoke the compensation requirement, and

(b) make a compensation order under section 249(1) of this Act in respect of the amount remaining to be paid under the compensation requirement.

(5) Sub-paragraphs (2) and (4)(b) are subject to sub-paragraph (8).

(6) Paragraph (ab) of section 249(2) of this Act does not apply to the making of a compensation order by virtue of this paragraph.

(7) Before making a compensation order by virtue of this paragraph, the court must explain to the offender in ordinary language—

(a) the purpose and effect of the compensation order, and

(b) the consequences which may follow if the offender fails to comply with the order in England and Wales.

(8) The court must not make the compensation order unless the offender has, after the court has explained those matters, confirmed that the offender—

(a) understands those matters, and

(b) is willing to comply with the order.]

Textual Amendments

F1 Sch. 13 inserted (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 6 (with art. 4(4))