Criminal Procedure (Scotland) Act 1995

303 Fixed penalty: enforcement.U.K.

[F1(1)Subject to subsections (1A) and (2) below, where an alleged offender accepts a fixed penalty offer under section 302 of this Act or a compensation offer under section 302A of this Act, any amount of it which is outstanding at any time shall be treated as if the penalty or offer were a fine imposed by the court (the clerk of which is specified in the notice).]

[F2(1A)No action shall be taken to enforce a fixed penalty or compensation offer which an alleged offender is deemed to have accepted by virtue of section 302(2)(ca)(ii) or section 302A(2)(d)(ii) of this Act unless—

(a)the alleged offender is sent a notice—

(i)of the intention to take enforcement action; and

(ii)which explains the right to request a recall of the penalty or offer under section 302C of this Act;

(b)any request for recall made under that section has been finally disposed of.]

(2)In the enforcement of a [F3fixed penalty or compensation offer] which is to be treated as a fine in pursuance of subsection (1) above—

(a)any reference, howsoever expressed, in any enactment whether passed or made before or after the coming into force of this section to—

(i)the imposition of imprisonment or detention in default of payment of a fine shall be construed as a reference to enforcement by means of civil diligence;

(ii)the finding or order of the court imposing the fine shall be construed as a reference to a certificate given in pursuance of subsection (3) below;

(iii)the offender shall be construed as a reference to the alleged offender;

(iv)the conviction of the offender shall be construed as a reference to the acceptance of the conditional offer by the alleged offender;

(b)the following sections of this Act shall not apply—

• section 211(7)

• section 213(2);

• section 214(1) to (6);

• section 216(7);

• section 219, except subsection (1)(b);

• section 220;

• section 221(2) to (4);

• section 222(8); and

• section 224.

(3)For the purposes of any proceedings in connection with, or steps taken for, the enforcement of any amount of a fixed penalty [F4or compensation offer] which is outstanding, a document purporting to be a certificate signed by the clerk of court for the time being responsible for the collection or enforcement of the penalty as to any mater relating to the penalty shall be conclusive of the matter so certified.

(4)The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as he considers necessary for the enforcement in England and Wales F5. . . of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in England and Wales F5. . . .

[F6(5)The Department of Justice in Northern Ireland may by order make such provision as it considers necessary for the enforcement in Northern Ireland of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in Northern Ireland.

(6)The power of the Department of Justice to make an order under subsection (5) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(7)An order made by the Department of Justice under subsection (5) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]