Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 303ZB

 Help about opening options

Alternative versions:

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 303ZB is up to date with all changes known to be in force on or before 04 March 2025. 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. Help about Changes to Legislation

[F1303ZBSetting aside of offers and ordersS

(1)Where this subsection applies, the procurator fiscal may set aside—

(a)a fixed penalty offer made under section 302(1) of this Act;

(b)a compensation offer made under section 302A(1) of this Act;

(c)a work offer made under section 303ZA(1) of this Act;

(d)a work order made under section 303ZA(6) of this Act.

(2)Subsection (1) above applies where, on the basis of information which comes to the procurator fiscal's attention after the offer or (as the case may be) order has been made, the procurator fiscal considers that the offer or (as the case may be) order should not have been made in respect of the alleged offender.

(3)The procurator fiscal may act under subsection (1)(a) to (c) above even where the offer has been accepted (including, in the case of an offer mentioned in subsection (1)(a) or (b) above, deemed to have been accepted).

(4)Where the procurator fiscal acts under subsection (1) above, the procurator fiscal shall give the alleged offender notice—

(a)of the setting aside of the offer or (as the case may be) order; and

(b)indicating that any liability of the alleged offender to conviction of the alleged offence is discharged.]

Textual Amendments

F1S. 303ZB inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 52, 84; S.S.I. 2008/42, art. 3, Sch. (subject to arts. 4 - 6)

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

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?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?