Part 11Fixed penalties
Fixed penalty notices and penalties
129Fixed penalty notices
1
A constable who has reason to believe that a person aged 16 or over has committed a fixed penalty offence in a prescribed area may give the person a fixed penalty notice in respect of the offence.
2
In subsection (1)—
“fixed penalty notice” means a notice offering the opportunity, by paying a fixed penalty in accordance with this Part, to discharge any liability to be convicted of the offence to which the notice relates; and
“prescribed area” means an area prescribed by the Scottish Ministers by regulations.
130Amount of fixed penalty and form of fixed penalty notice
1
Subject to subsection (2), the penalty payable in respect of a fixed penalty offence is such amount as the Scottish Ministers may specify by order.
2
The Scottish Ministers may not specify an amount exceeding level 2 on the standard scale.
3
A fixed penalty notice shall—
a
state the alleged offence;
b
give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;
c
state the amount of the fixed penalty;
d
state the clerk of the district court to whom, and the address at which, the fixed penalty may be paid;
e
inform the person to whom it is given of the right to ask to be tried for the alleged offence and explain how that right may be exercised; and
f
include such other information as the Scottish Ministers may by order prescribe.
131Effect of fixed penalty notice
1
This section applies if a fixed penalty notice is given to a person (“A”) under section 129.
2
Subject to subsection (3), proceedings may not be brought against A.
3
If A asks to be tried for the alleged offence, proceedings may be brought against A.
4
Such a request shall be made by a notice given by A—
a
in the manner specified in the fixed penalty notice; and
b
before the end of the period of 28 days beginning with the day on which the notice is given.
5
If, by the end of the period mentioned in paragraph (b) of subsection (4)—
a
the fixed penalty has not been paid in accordance with this Part; and
b
A has not made a request in accordance with that subsection,
then A is liable to pay to the clerk of the district court specified in the fixed penalty notice a sum equal to one and a half times the amount of the fixed penalty.
6
A sum for which A is liable by virtue of subsection (5) shall be treated as if it were a fine imposed by the district court specified in the fixed penalty notice.
132Payment of fixed penalty
1
The fixed penalty stated in a fixed penalty notice is payable to the clerk of the district court specified in the notice.
2
Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).
3
Subsection (4) applies if a person—
a
claims to have made payment in accordance with subsection (2); and
b
shows that a letter was posted.
4
Unless the contrary is proved, payment is to be regarded as being made at the time at which the letter would be delivered in the ordinary course of post.
5
Subsection (2) is not to be read as preventing the payment of a penalty by other means.
6
Any sum received by the clerk of a district court by virtue of subsection (1) or section 131(5) shall be treated as if it were a fine imposed by that court.
7
A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the fixed penalty notice.