Explanatory Note

(This note is not part of the Order)

This Order prescribes a scale of fixed penalties for the purposes of section 56 of the Criminal Justice (Scotland) Act 1987 (article 3 and the Schedule). The effect of the Order will be to enable a procurator fiscal when issuing any conditional offer under that section to specify as the fixed penalty in that offer such amount as he thinks fit being an amount which represents a level on the prescribed scale.

Articles 4 and 5 of the Order make provision as to the payment of any fixed penalty by instalment and as to what should happen when any such instalment is not paid.

The Order revokes the Criminal Justice (Scotland) Act 1987 Fixed Penalty Order 1987 (S.I. 1987/2025) (“the 1987 Order”). The 1987 Order prescribed the amount of the fixed penalty to be £25.

The Order comes into effect on 31st March 1996 but article 1(3) of the Order provides that it shall not apply in respect of any conditional offer made before that date.