Criminal Procedure (Scotland) Act 1995

216 Fines: restriction on imprisonment for default. S

(1) Where a court has imposed a fine or ordered the finding of caution without imposing imprisonment in default of payment, subject to subsection (2) below, it shall not impose imprisonment on an offender for failing to make payment of the fine or, as the case may be, to find caution, unless on an occasion subsequent to that sentence the court has enquired into in his presence the reason why the fine has not been paid or, as the case may be, caution has not been found.

(2) Subsection (1) above shall not apply where the offender is in prison.

(3) A court may, for the purpose of enabling enquiry to be made under this section—

(a) issue a citation requiring the offender to appear before the court at a time and place appointed in the citation; or

(b) issue a warrant of apprehension.

(4) On the failure of the offender to appear before the court in response to a citation under this section, the court may issue a warrant of apprehension.

(5) The citation of an offender to appear before a court in terms of subsection (3)(a) above shall be effected in like manner, mutatis mutandis, as the citation of an accused to a sitting or diet of the court under section 141 of this Act, and—

(a) the citation shall be signed by the clerk of the court before which the offender is required to appear, instead of by the prosecutor; and

(b) the forms relating to the citation of an accused shall not apply to such citation.

(6) The following matters shall be, or as nearly as may be, in such form as is prescribed by Act of Adjournal—

(a) the citation of an offender under this section;

(b) if the citation of the offender is effected by an officer of law, the written execution, if any, of that officer of law;

(c) a warrant of apprehension issued by a court under subsection (4) above; and

(d) the minute of procedure in relation to an enquiry into the means of an offender under this section.

(7) Where a child would, if he were an adult, be liable to be imprisoned in default of payment of any fine the court may, if it considers that none of the other methods by which the case may legally be dealt with is suitable, order that the child be detained for such period, not exceeding one month, as may be specified in the order in a place chosen by the local authority in whose area the court is situated.

Modifications etc. (not altering text)

C1 S. 216 applied (with modifications) (1.4.1996) by 1995 c. 43, ss. 14(2)(c), 50(2)

S. 216 applied (with modifications) (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 118(1)(2)(c), 458; S.S.I. 2003/210, art. 2 (with transitional provisions in arts. 3-7)

C2 S. 216(7) modified (1.4.1997) by S.I. 1996/3255, reg. 14(1)