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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

131Effect of fixed penalty notice

This section has no associated Explanatory Notes

(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.

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