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- Point in Time (01/10/1993)
- Original (As enacted)
Version Superseded: 31/03/1996
Point in time view as at 01/10/1993.
Criminal Procedure (Scotland) Act 1975, Cross Heading: Fines is up to date with all changes known to be in force on or before 02 June 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.
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(1)The provisions of Part II of this Act specified in subsection (2) below shall, subject to any necessary modifications, apply in relation to solemn proceedings as they apply in relation to summary proceedings.
(2)The provisions mentioned in subsection (1) above are—
section 395(1) (means of offender to be taken into account);
section 395A (power to remit fines);
section 396 (time for payment);
section 397 (further time for payment);
section 398 (reasons for default);
section 399 (payment by instalments);
section 400 (supervision pending payment of fine);
section 401(2) and (3) (supplementary provisions);
section 403 (transfer of fine orders);
section 404 (action of clerk of court on transfer of fine order);
section 406 (substitution of custody for imprisonment where child defaults on fine);
section 407 (maximum period of imprisonment for non-payment of fine);
section 408 (discharge from imprisonment to be specified);
section 409 (payment of fine in part by prisoner);
section 411 (recovery by civil diligence);
Schedule 7 (application of sums paid as part of fine under section 409).]
Textual Amendments
F1S. 194 substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 47, Sch. 6 para. 3
Modifications etc. (not altering text)
Textual Amendments
[F3(1)]Any sentence or decree for any fine or expenses pronounced by any sheriff court may be enforced against the person or effects of any party against whom any such sentence or decree shall have been awarded in any other sheriff court district, as well as in the district where such sentence or decree is pronounced:
Provided that such sentence or decree, or an extract thereof, shall be first produced to and indorsed by the sheriff of such other district competent to have pronounced such sentence or decree in such other district.
[F4(2)A fine imposed by the High Court shall be remitted for enforcement to, and shall be enforceable as if it had been imposed by—
(a)where the person upon whom the fine was imposed resides in Scotland, the sheriff for the district where that person resides;
(b)where that person resides outwith Scotland, the sheriff before whom he was brought for examination in relation to the offence for which the fine was imposed.]
Textual Amendments
F3Word inserted by virtue of Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 48, Sch. 6 para. 3
F4S. 196(2) inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 48, Sch. 6 para. 3
Modifications etc. (not altering text)
C2S. 196 applied by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 7(1), 16(3), 47(4)(a)
C3S. 196 extended (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1996 c. 20, ss. 70(2), 80(1), 113(1); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
Textual Amendments
Any fine imposed in the High Court upon the accused, and upon a juror for non-attendance, and any forfeiture for non-appearance of a party, witness or juror in the High Court shall be payable to and recoverable by the proper officer in Exchequer for Her Majesty’s use, unless in a case where the High Court shall, by the sentence awarding the said fine, order the same or any part thereof to be otherwise disposed of.
Modifications etc. (not altering text)
C4S. 203 applied by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 7(1), 16(3), 47(4)(a)
C5S. 203 extended by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 13(8), Sch. 4 para. 12(4)
C6S. 203 amended (5.12.1996) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), ss. 20(4), 75; S.I. 1996/2894, art. 3, Sch.
C7S. 203 extended (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, ss. 70(2), 80(1), 100, 113(1), Sch. 3 para. 4(4); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
Textual Amendments
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