Criminal Procedure (Scotland) Act 1975

435 Expenses. S

The following provisions shall have effect with regard to the award of expenses in a summary prosecution:—

(a) expenses may be awarded to or against a private prosecutor but shall not be awarded against any person prosecuting in the public interest unless the statute or order under which the prosecution is brought expressly or impliedly authorises such an award;

(b) the finding regarding expenses shall be stated in the sentence or judgment disposing of the case;

(c) expenses awarded to the prosecutor shall be restricted to the fees set forth in Schedule 3 to the M1 Summary Jurisdiction (Scotland) Act 1954;

(d) the court may award expenses against the accused without imposing any fine or may direct the expenses incurred by the prosecutor, whether public or private, to be met wholly or partly out of any fine imposed;

(e) expenses awarded against the accused, where the fine or fines imposed do not exceed [F1 £400], shall not exceed [F1 £100]:

Provided that if it appears to the court that the reasonable expenses of the prosecutor’s witnesses together with the other expenses exceed the sum of [F1 £100], the court may direct the expenses of those witnesses to be paid wholly or partly out of the fine;

(f) where a child is himself ordered by a sheriff sitting summarily to pay expenses in addition to a fine, the amount of the expenses so ordered to be paid shall in no case exceed the amount of the fine;

(g) any expenses awarded shall be recoverable by civil diligence in accordance with section 411 of this Act.

Textual Amendments

F1 Words substituted by S.I. 1984/526, art. 6

Marginal Citations

M1 1954 c. 48(39:1).