Criminal Procedure (Scotland) Act 1995

[F1 253E F1 Enforcement: application of certain provisions relating to fines U.K.

(1) The provisions of this Act specified in subsection (2) apply in relation to restitution orders as they apply in relation to fines but subject to the modifications mentioned in subsection (2) and to any other necessary modifications.

(2) The provisions are—

[F2 (za) section 121(4),

(zb) section 193(3),]

(a) section 211(3) and (7),

(b) section 212,

(c) section 213 (with the modification that subsection (2) is to be read as if the words “or (4)” were omitted),

(d) section 214(1) to (4) and (6) to (9) (with the modification that subsection (4) is to be read as if the words from “unless” to “decision” were omitted),

(e) sections 215 to 217,

(f) subject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8),

(g) sections 220 to 224,

(h) section 248B.

(3) In the application of the provisions of section 219 mentioned in subsection (2)(f) for the purposes of subsection (1)—

(a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a restitution order but not vice versa,

(b) where a court imposes imprisonment both in respect of a fine and a restitution order, the amounts in respect of which imprisonment is imposed are to be aggregated for the purposes of section 219(2).]

Textual Amendments

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)

F2 S. 253E(2)(za)(zb) inserted (3.2.2021) by The Victims and Witnesses (Scotland) Act 2014 (Supplementary Provisions) Order 2021 (S.S.I. 2021/57), arts. 1(2), 2(4)