Criminal Justice Act 1967

21 Section 44 (transfer of fine orders within and from Scotland) shall be amended as follows, that is to say—

(a) in subsection (2) for the words " fine was imposed " there shall be substituted the words " order is made ";

(b) in subsection (3) for the words " imposing the fine " there shall be substituted the words " which made the order "; and

(c) at the end there shall be added the following subsection:—

“(5) Where a transfer of fine order under section 72A of the [1952 c. 55.] Magistrates' Courts Act 1952 or this section provides for the enforcement by a sheriff court in Scotland of a fine imposed by a court of assize or quarter sessions, the proviso to the last foregoing subsection shall not apply, but the term of imprisonment which may be imposed under this Act shall be the term fixed in pursuance of section 47 of the Criminal Justice Act 1967 by that court of assize or quarter sessions or a term which bears the same proportion to the term so fixed as the amount of the fine remaining due bears to the amount of the fine imposed by that court, notwithstanding that the term exceeds the period applicable to the case under section 49(1) of this Act.”