PART XI Sentencing

F1Restitution order

Annotations:
Amendments (Textual)
F1

Ss. 253A-253E and cross-heading inserted (25.8.2020 for the insertion of s. 253B for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 25, 34; S.S.I. 2020/237, art. 2; S.S.I. 2020/405, art. 2(b) (with art. 3)

253ARestitution order where conviction of police assault etc.

1

This section applies where a person (“P”) is convicted of an offence under section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (police assault etc.).

C12

The court, instead of or in addition to dealing with P in any other way, may make an order to be known as a restitution order requiring P to pay an amount not exceeding the prescribed sum (as defined in section 225(8)).

3

The Scottish Ministers may by regulations amend subsection (2) so as to substitute for the amount for the time being specified such other amount as may be prescribed by, or determined in accordance with, the regulations.

4

Any amount paid in respect of a restitution order is to be paid to the clerk of any court or any other person (or class of person) authorised by the Scottish Ministers for the purpose.

5

Regulations under subsection (3) are subject to the negative procedure.

F26

A restitution order is to be treated as a sentence for the purposes of any appeal under this Act.