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Criminal Procedure (Scotland) Act 1995, Section 253A is up to date with all changes known to be in force on or before 01 May 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)This section applies where a person (“P”) is convicted of an offence under section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (police assault etc.).
(2)The court, instead of or in addition to dealing with P in any other way, may make an order to be known as a restitution order requiring P to pay an amount not exceeding the prescribed sum (as defined in section 225(8)).
(3)The Scottish Ministers may by regulations amend subsection (2) so as to substitute for the amount for the time being specified such other amount as may be prescribed by, or determined in accordance with, the regulations.
(4)Any amount paid in respect of a restitution order is to be paid to the clerk of any court or any other person (or class of person) authorised by the Scottish Ministers for the purpose.
(5)Regulations under subsection (3) are subject to the negative procedure.
[F2(6)A restitution order is to be treated as a sentence for the purposes of any appeal under this Act.]]
Textual Amendments
F1Ss. 253A-253E and cross-heading inserted (25.8.2020 for the insertion of s. 253B for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 25, 34; S.S.I. 2020/237, art. 2; S.S.I. 2020/405, art. 2(b) (with art. 3)
F2S. 253A(6) inserted (3.2.2021) by The Victims and Witnesses (Scotland) Act 2014 (Supplementary Provisions) Order 2021 (S.S.I. 2021/57), arts. 1(2), 2(3)
Modifications etc. (not altering text)
C1S. 253A(2) applied (25.11.2019 for specified purposes, 10.2.2021 in so far as not already in force) by 2002 c. 29, s. 97A(9) (as inserted by Serious Crime Act 2015 (c. 9), ss. 15(2), 88(2)(a); S.S.I. 2019/281, reg. 2; S.S.I. 2020/407, reg. 2(1)(a))
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