Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 253C

 Help about opening options

Alternative versions:

Status:

Point in time view as at 05/11/2021.

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 253C is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1253CF1Restitution order, fine and compensation order: order of preferenceU.K.

(1)Subsection (2) applies where a court considers in relation to an offence that it would be appropriate—

(a)to make a restitution order,

(b)to impose a fine, and

(c)to make a compensation order.

(2)If the person convicted of the offence (“P”) has insufficient means to pay an appropriate amount under a restitution order, to pay an appropriate fine and to pay an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.

(3)Subsection (4) applies where a court considers in relation to an offence that it would be appropriate—

(a)to make a restitution order, and

(b)to impose a fine or make a compensation order.

(4)If P has insufficient means to pay an appropriate amount under a restitution order and to pay an appropriate fine or, as the case may be, an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.]

Textual Amendments

F1Ss. 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)

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?