Criminal Procedure (Scotland) Act 1975

403 Transfer of fine orders. S

(1) Where a court of summary jurisdiction has imposed a fine on a person convicted of an offence and it appears to the court that he is residing—

(a) within the jurisdiction of another court of summary jurisdiction in Scotland, or

(b) in any petty sessions area in England and Wales [F1 , or

(c) in any petty sessions district in Northern Ireland]

the court, . . . F2 may order that payment of the fine shall be enforceable by that other court of summary jurisdiction or in that petty sessions area, [F1 or petty sessions district] as the case may be.

(2) An order under this section (in this section referred to as a transfer of fine order) shall specify the court by which or the petty sessions area [F3 or petty sessions district] in which payment is to be enforceable and, where the court to be specified in a transfer of fine order is a court of summary jurisdiction, it shall, in any case where the order is made by the sheriff court, be a sheriff court.

(3) Where a transfer of fine order is made with respect to any fine under this section, any functions under any enactment relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable.

(4) Where a transfer of fine order [F4 under this section, [F5 section 90 of the M1 Magistrates’ Courts Act 1980] or [F6 Article 95 of the M2 Magistrates’ Courts (Northern Ireland) Order 1981]] specifies a court of summary jurisdiction in Scotland, that court and the clerk of that court shall have all the like functions under this Part of this Act in respect of the fine or the sum in respect of which that order was made (including the power to make any further order under this section) as if the fine or the sum were a fine imposed by that court and as if any order made under this section [F4 , [F5 the said Act of 1980] or [F6 the said Order of 1981]] in respect of the fine or the sum before the making of the transfer of fine order had been made by that court:

Provided that for the purpose of determining the period of imprisonment which may be imposed under this Part of this Act by any court having jurisdiction in respect of a sum adjudged to be paid by a conviction of a magistrates’ court acting for a petty sessions area, section 407 of this Act shall have effect as if for the Table set out in subsection (1) of that section there were substituted [F5 the Table set out in paragraph 1 of Schedule 4 to the said Act of 1980] . . . F2 .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(6) Where a transfer of fine order under [F8 section 90 of the M3 Magistrates’ Courts Act 1980][F9 Article 95 of the M4 Magistrates’ Courts (Northern Ireland) Order 1981] or this section provides for the enforcement by a sheriff court in Scotland of a fine imposed by the Crown Court, the proviso to subsection (4) of this section shall not apply, but the term of imprisonment which may be imposed under this Part of this Act shall be the term fixed in pursuance of section 31 of the M5 Powers of Criminal Courts Act 1973 by the Crown Court 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 407 of this Act.

Textual Amendments

F1 S. 137A inserted (18.9.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(5) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(3), 5(b), Sch.2

F2 S. 155A inserted (18.9.1993) by 1993 c. 9, s. 40(1) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(3), Sch.2

F3 S. 179(2)(a) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, Sch. 7 para. 36(b)

F4 S. 179(2) added by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), s. 5(b)

F5 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 39:1), s. 154, Sch. 7 para. 137(a)

F6 S. 254(4A) inserted (27.7.1993) by 1993 c. 36, s. 79(13), Sch. 5 Pt. I para. 2(7)(c)

F7 Word inserted by virtue of Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 25

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 39:1), s. 154, Sch. 7 para. 137(b)

F9 Words in s. 254(4) inserted (27.7.1993) by 1993 c. 36, s. 79(13), Sch, 5 Pt. I para. 2(7)(b)

Modifications etc. (not altering text)

C1 S. 403 applied with modifications by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 7(2), 47(4)(a)

C2 S. 403(6) excluded by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 56(9)(b)(i)

Marginal Citations

M1 1980 c. 43(82).

M2 S.I. 1981/1675 (N.I. 26).

M3 1980 c. 43(82).

M4 S.I. 1981/1675 (N.I. 26)

M5 1973 c. 62(39:1).