- Latest available (Revised)
- Point in Time (01/04/2011)
- Original (As enacted)
Point in time view as at 01/04/2011.
Criminal Procedure (Scotland) Act 1995, Section 303 is up to date with all changes known to be in force on or before 23 December 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[F1(1)Subject to subsections (1A) and (2) below, where an alleged offender accepts a fixed penalty offer under section 302 of this Act or a compensation offer under section 302A of this Act, any amount of it which is outstanding at any time shall be treated as if the penalty or offer were a fine imposed by the court (the clerk of which is specified in the notice).]
[F2(1A)No action shall be taken to enforce a fixed penalty or compensation offer which an alleged offender is deemed to have accepted by virtue of section 302(2)(ca)(ii) or section 302A(2)(d)(ii) of this Act unless—
(a)the alleged offender is sent a notice—
(i)of the intention to take enforcement action; and
(ii)which explains the right to request a recall of the penalty or offer under section 302C of this Act;
(b)any request for recall made under that section has been finally disposed of.]
(2)In the enforcement of a [F3fixed penalty or compensation offer] which is to be treated as a fine in pursuance of subsection (1) above—
(a)any reference, howsoever expressed, in any enactment whether passed or made before or after the coming into force of this section to—
(i)the imposition of imprisonment or detention in default of payment of a fine shall be construed as a reference to enforcement by means of civil diligence;
(ii)the finding or order of the court imposing the fine shall be construed as a reference to a certificate given in pursuance of subsection (3) below;
(iii)the offender shall be construed as a reference to the alleged offender;
(iv)the conviction of the offender shall be construed as a reference to the acceptance of the conditional offer by the alleged offender;
(b)the following sections of this Act shall not apply—
section 211(7)
section 213(2);
section 214(1) to (6);
section 216(7);
section 219, except subsection (1)(b);
section 220;
section 221(2) to (4);
section 222(8); and
section 224.
(3)For the purposes of any proceedings in connection with, or steps taken for, the enforcement of any amount of a fixed penalty [F4or compensation offer] which is outstanding, a document purporting to be a certificate signed by the clerk of court for the time being responsible for the collection or enforcement of the penalty as to any mater relating to the penalty shall be conclusive of the matter so certified.
(4)The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as he considers necessary for the enforcement in England and Wales F5. . . of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in England and Wales F5. . . .
[F6(5)The Department of Justice in Northern Ireland may by order make such provision as it considers necessary for the enforcement in Northern Ireland of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in Northern Ireland.
(6)The power of the Department of Justice to make an order under subsection (5) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(7)An order made by the Department of Justice under subsection (5) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]
Extent Information
E1S. 303(4) extends to UK.
Textual Amendments
F1S. 303(1) substituted (10.3.2008 for S.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 50(3)(a), 84; S.S.I. 2008/42, art. 3, Sch. (subject to arts. 4 - 6)
F2S. 303(1A) inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 50(3)(b), 84; S.S.I. 2008/42, art. 3, Sch.
F3Words in s. 303(2) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 50(3)(c), 84; S.S.I. 2008/42, art. 3, Sch.
F4Words in s. 303(3) inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 50(3)(d), 84; S.S.I. 2008/42, art. 3, Sch.
F5Words in s. 303(4) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 32(2)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
The Whole Act 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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act 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?
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?
The 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.