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) [F4 Subject to subsections (3A) and (3B) below,]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.

[F5 (3A) Where—

(a) the court specified in a transfer of fine order is satisfied, after inquiry, that the offender is not residing within the jurisdiction of that court; and

(b) the clerk of that court, within 14 days of receiving the notice required by section 404(1) of this Act, sends to the clerk of the court which made the order notice to that effect,

the order shall cease to have effect.

(3B) Where a transfer of fine order ceases to have effect by virtue of subsection (3A) above, the functions referred to in subsection (3) above shall again be exercisable by the court which made the order or, as the case may be, by the clerk of that court.]

(4) Where a transfer of fine order [F6 under this section, [F7 section 90 of the M1 Magistrates’ Courts Act 1980] or [F8 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 [F6 , [F7 the said Act of 1980] or [F8 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:

[F9 (4A) The functions of the court to which subsection (4) above relates shall be deemed to include the court’s power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M3 Criminal Justice Act 1991 (power to deduct fines etc. from income support).]

.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(6) Where a transfer of fine order under [F11 section 90 of the M4 Magistrates’ Courts Act 1980][F12 Article 95 of the M5 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, F13 . 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 M6 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 Words inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 7 para. 2(2)

F2 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

F3 Words inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 7 para. 2(3)

F4 Words in s. 403(3) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s.67(2); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F5 s. 403(3A)(3B) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 67(3); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F6 Words substituted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 7 para. 2(4)

F7 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 39:1), s. 154, Sch. 7 para. 137(a)

F8 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 37(a)

F9 S. 403(4A) inserted (3.2.1995) by 1994 c. 33, s. 47(4); S.I. 1995/127, art. 2(1), Sch. 1

F10 S. 403(5) repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

F11 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 39:1), s. 154, Sch. 7 para. 137(b)

F12 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 37(b)

F13 Proviso in s. 403(4) and words in s. 403(6) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 101(2), Sch. 13 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

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 extended (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 80(2)(g) (with ss. 70(2), 113(1), Sch. 3 para. 4(4)); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

C3 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 1969 c. 54(20).

M4 1980 c. 43(82).

M5 S.I. 1981/1675 (N.I. 26)

M6 1984 c. 36(85).