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Criminal Procedure (Scotland) Act 1995
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Rhagor o Adnoddau
Changes over time for: Section 251
Alternative versions:
- 01/04/1996- Amendment
- 10/03/2008- Amendment
- 28/03/2011- Amendment
- 01/12/2020
Point in time
Status:
Point in time view as at 01/12/2020.
Changes to legislation:
Criminal Procedure (Scotland) Act 1995, Section 251 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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251 Review of compensation order.S
(1)Without prejudice to the power contained in section 213 of this Act, (as applied by section 252 of this Act), at any time before a compensation order has been complied with or fully complied with, the court, on the application of the person against whom the compensation order was made, may discharge the compensation order or reduce the amount that remains to be paid if it appears to the court that—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)that property the loss of which is reflected in the compensation order has been recovered.
[F2(1A)On the application of the prosecutor at any time before a compensation order has been complied with (or fully complied with), the court may increase the amount payable under the compensation order if it is satisfied that the person against whom it was made—
(a)because of the availability of materially different information about financial circumstances, has more means than were made known to the court when the order was made, or
(b)because of a material change of financial circumstances, has more means than the person had then.]
(2)In subsection (1) above “the court” means—
(a)in a case where, as respects the compensation order, a transfer of fine order under section 222 of this Act (as applied by the said section 252) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or
(b)in any other case, the court which made the compensation order or, where that court was the High Court, by which the order was first enforceable.
Textual Amendments
F1S. 251(1)(a) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 115(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch.
F2S. 251(1A) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 115(2)(b), 206(1); S.S.I. 2011/178, art. 2, sch.
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