The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998

Insertion of new rule 119A into the principal Rules

48.  After rule 119 of the principal Rules (provision of clothing and return of property on release of prisoner) there is inserted the following rule:–

“Part payment of fines by fine defaulters

119A.— (1) This rule applies to a prisoner who is committed to prison or otherwise detained in a prison for failure to pay a fine imposed by a court.

(2) A prisoner to whom this rule applies may be treated for the purposes of section 220 of the Criminal Procedure (Scotland) Act 1995 as having paid to the Governor any sum in part satisfaction of the fine if the conditions specified in paragraph (3) or, as the case may be, paragraph (4) are fulfilled.

(3) The conditions specified are–

(a) the sum is in cash and is deposited with the Governor; or

(b) the sum is paid by means of a cheque and the Governor is satisfied that the further conditions in paragraph (4) are fulfilled.

(4) If the prisoner offers to pay the Governor by means of a cheque, the further conditions are–

(a) except where a cheque is drawn on an account in the name of a firm of solicitors, the sum does not exceed £50; and

(b) the cheque is drawn and signed and supported by such other form of identity or guarantee as may be specified in a direction made by the Secretary of State.”.