Law

Criminal Procedure (Scotland) Act 1995

United Kingdom · statute

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In force since 2026-11-02, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 769 provisions
  1. Title and introductory text
  2. 1 Judges in the High Court.
  3. 2 Fixing of High Court sittings.
  4. 3 Jurisdiction and powers of solemn courts.
  5. 4 Territorial jurisdiction of sheriff.
  6. 5 The sheriff: summary jurisdiction and powers.
  7. 5B National jurisdiction for callings of custody cases in a sheriff court
  8. 5C National jurisdiction for cases in a sheriff court after failure to appear
  9. 5D Further provision about national jurisdiction of sheriff courts
  10. 5E Interpretation of sections 5B to 5D
  11. 6 JP courts: constitution and prosecutor.
  12. 7 JP courts: jurisdiction and powers.
  13. 7A National jurisdiction for callings of custody cases in a JP court
  14. 7B National jurisdiction for cases in a JP court after failure to appear
  15. 7C Further provision about national jurisdiction of JP courts
  16. 7D Interpretation of sections 7A to 7C
  17. 8 Sittings of sheriff and JP courts.
  18. 9 Boundaries of jurisdiction.
  19. 9A Competence of justice's actings outwith jurisdiction
  20. 10 Crimes committed in different districts.
  21. 10A Jurisdiction for transferred cases
  22. 11 Certain offences committed outside Scotland.
  23. 11A Conspiracy to commit offences outwith Scotland
  24. 12 Instructions by Lord Advocate as to reporting of offences.
  25. 13 Powers relating to suspects and potential witnesses.
  26. 14 Detention and questioning at police station.
  27. 14A Extension of period of detention under section 14
  28. 14B Extension under section 14A: procedure
  29. 15 Right of persons arrested or detained to have intimation sent to another person
  30. 15A Right of suspects to have access to a solicitor
  31. 16 Drunken persons: power to take to designated place.
  32. 17 Right of accused to have access to solicitor.
  33. 17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest
  34. 18 Prints, samples etc. in criminal investigations.
  35. 18A Retention of samples etc. : prosecutions for sexual and violent offences
  36. 18B Retention of samples etc. where offer under sections 302 to 303ZA accepted
  37. 18C Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences
  38. 18D Retention of samples etc. taken or provided in connection with certain fixed penalty offences
  39. 18E Retention of samples etc.: children referred to children's hearings
  40. 18F Retention of samples etc. relating to children: appeals
  41. 18G Retention of samples etc: national security
  42. 18GA Retention of further fingerprints
  43. 18H Retention of samples etc.: extradition
  44. 19 Prints, samples etc. in criminal investigations: supplementary provisions.
  45. 19A Samples etc. from persons convicted of sexual and violent offences.
  46. 19AA Samples etc. from sex offenders
  47. 19AB Section 19AA: supplementary provision in sexual risk order cases
  48. 19B Power of constable in obtaining relevant physical data etc.
  49. 19C Sections 18 and 19 to 19AA: use of samples etc.
  50. 20 Use of prints, samples etc.
  51. 20A Arrested persons: testing for certain Class A drugs
  52. 20B Section 20A: supplementary
  53. 21 Schedule 1 offences: power of constable to take offender into custody.
  54. 22 Liberation by police.
  55. 22ZA Offences where undertaking breached
  56. 22ZB Evidential and procedural provision
  57. 22A Consideration of bail on first appearance
  58. 23 Bail applications.
  59. 23A Bail and liberation where person already in custody
  60. 23B Entitlement to bail and the court's function
  61. 23C Grounds relevant as to question of bail
  62. 23D Restriction on bail in certain solemn cases
  63. 24 Bail and bail conditions.
  64. 24A Bail conditions: remote monitoring of restrictions on movements
  65. 24B Regulations as to power to impose remote monitoring requirements under section 24A
  66. 24C Monitoring of compliance in pursuance of requirements imposed under section 24A
  67. 24D Remote monitoring
  68. 24E Documentary evidence in proceedings for breach of bail conditions being remotely monitored
  69. 24F Bail: extradition proceedings
  70. 25 Bail conditions: supplementary.
  71. 25A Failure to accept conditions of bail under section 65(8C): continued detention of accused
  72. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 27 Breach of bail conditions: offences.
  74. 28 Breach of bail conditions: arrest of offender, etc.
  75. 28A Application of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28
  76. 29 Bail: monetary conditions.
  77. 30 Bail review.
  78. 31 Bail review on prosecutor’s application.
  79. 32 Bail appeal.
  80. 32A Bail after conviction: prosecutor's attitude
  81. 33 Bail: no fees exigible.
  82. 34 Petition for warrant.
  83. 34A Petition proceedings outwith sheriffdom
  84. 35 Judicial examination.
  85. 36 Judicial examination: questioning by prosecutor.
  86. 37 Judicial examination: record of proceedings.
  87. 38 Judicial examination: rectification of record of proceedings.
  88. 39 Judicial examination: charges arising in different districts.
  89. 40 Committal until liberated in due course of law.
  90. 41 Age of criminal responsibility
  91. 41A Prosecution of children under 12
  92. 42 Prosecution of children.
  93. 43 Arrangements where children arrested.
  94. 44 Detention of children.
  95. 44A Appeal against detention in secure accommodation
  96. 45 Security for child’s good behaviour.
  97. 46 Presumption and determination of age of child.
  98. 47 Restriction on report of proceedings involving children.
  99. 48 Power to refer certain children to reporter.
  100. 49 Reference or remit to children’s hearing.
  101. 50 Children and certain proceedings.
  102. 51 Remand and committal of children and young persons.
  103. 51A Criminal responsibility of persons with mental disorder
  104. 51B Diminished responsibility
  105. 52 Power of court to commit to hospital an accused suffering from mental disorder.
  106. 52A Remit of certain mentally disordered persons from district court to sheriff court
  107. 52B Prosecutor’s power to apply for assessment order
  108. 52C Scottish Ministers' power to apply for assessment order
  109. 52D Assessment order
  110. 52E Assessment order made ex proprio motu: application of section 52D
  111. 52F Assessment order: supplementary
  112. 52G Review of assessment order
  113. 52H Early termination of assessment order
  114. 52J Power of court on assessment order ceasing to have effect
  115. 52K Prosecutor’s power to apply for treatment order
  116. 52L Scottish Ministers' power to apply for treatment order
  117. 52M Treatment order
  118. 52N Treatment order made ex proprio motu: application of section 52M
  119. 52P Treatment order: supplementary
  120. 52Q Review of treatment order
  121. 52R Termination of treatment order
  122. 52S Power of court on treatment order ceasing to have effect
  123. 52T Prevention of delay in trials: assessment orders and treatment orders
  124. 52U Effect of assessment order and treatment order on pre-existing mental health order
  125. 53 Interim compulsion order.
  126. 53A Interim compulsion order: supplementary
  127. 53B Review and extension of interim compulsion order
  128. 53C Early termination of interim compulsion order
  129. 53D Power of court on interim compulsion order ceasing to have effect
  130. 53E Acquittal involving mental disorder
  131. 53F Unfitness for trial
  132. 54 Unfitness for trial: further provision .
  133. 55 Examination of facts.
  134. 56 Examination of facts: supplementary provisions.
  135. 57 Disposal of case where accused found not criminally responsible or unfit for trial.
  136. 57A Compulsion order
  137. 57B Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision
  138. 57C Mental health officer’s report
  139. 57D Compulsion order: supplementary
  140. 58 Order for hospital admission or guardianship.
  141. 58A Application of Adults with Incapacity (Scotland) Act 2000
  142. 59 Hospital orders: restrictions on discharge.
  143. 59A Hospital direction
  144. 59B Hospital direction: mental health officer’s report
  145. 59C Hospital direction: supplementary
  146. 60 Appeals against hospital orders.
  147. 60A Appeal by prosecutor against hospital orders etc.
  148. 60B Intervention orders
  149. 60C Acquitted persons: detention for medical examination
  150. 60D Notification of detention under section 60C
  151. 61 Requirements as to medical evidence.
  152. 61A Transfer of person to suitable hospital
  153. 61B Specification of hospital unit
  154. 62 Appeal by accused not criminally responsible or unfit for trial .
  155. 63 Appeal by prosecutor where accused found not criminally responsible or unfit for trial.
  156. 64 Prosecution on indictment.
  157. 65 Prevention of delay in trials.
  158. 66 Service and lodging of indictment, etc.
  159. 67 Witnesses.
  160. 67A Failure of witness to attend for, or give evidence on, precognition.
  161. 68 Productions.
  162. 69 Notice of previous convictions.
  163. 70 Proceedings against organisations.
  164. 70A Defence statements
  165. 70B Solemn proceedings against children
  166. 71 First diet.
  167. 71A Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence
  168. 71B First diet: appointment of trial diet
  169. 71C Written record of state of preparation: sheriff court
  170. 72 Preliminary hearing: procedure up to appointment of trial diet
  171. 72A Preliminary hearing: appointment of trial diet
  172. 72B Power to dispense with preliminary hearing
  173. 72C Procedure where preliminary hearing does not proceed
  174. 72D Preliminary hearing: further provision
  175. 72E Written record of state of preparation in certain cases
  176. 72F Engagement, dismissal and withdrawal of solicitor representing accused
  177. 72G Service etc. on accused through a solicitor
  178. 73 Preliminary diet: procedure.
  179. 74 Appeals in connection with preliminary diets.
  180. 75 Computation of certain periods.
  181. 75A Adjournment and alteration of diets
  182. 75B Refixing diets: non-sitting days
  183. 75C Refixing diets: non-suitable days
  184. 76 Procedure where accused desires to plead guilty.
  185. 77 Plea of guilty.
  186. 78 Special defences, incrimination and notice of witnesses, etc.
  187. 79 Preliminary pleas and preliminary issues.
  188. 79A Objections to admissibility of evidence raised after first diet or preliminary hearing
  189. 80 Alteration and postponement of trial diet.
  190. 81 Procedure where trial diet does not proceed.
  191. 82 Desertion or postponement where accused in custody.
  192. 83 Transfer of sheriff court solemn proceedings.
  193. 83ZA Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal
  194. 83A Continuation of trial diet in the High Court
  195. 83B Continuation of trial diet in the sheriff court
  196. 84 Juries: returns of jurors and preparation of lists.
  197. 85 Juries: citation and attendance of jurors.
  198. 86 Jurors: excusal and objections.
  199. 87 Non-availability of judge.
  200. 87A Disposal of preliminary matters at trial diet
  201. 88 Plea of not guilty, balloting and swearing of jury, etc.
  202. 88A Communication supporters for jurors
  203. 89 Jury to be informed of special defence.
  204. 90 Effect of death or discharge of jurors
  205. 90A Apprehension of witnesses in proceedings on indictment
  206. 90B Orders in respect of witnesses apprehended under section 90A
  207. 90C Breach of bail under section 90B(1)(b)
  208. 90D Review of orders under section 90B(1)(a) or (b)
  209. 90E Appeals in respect of orders under section 90B(1)
  210. 91 Trial to be continuous.
  211. 92 Trial in presence of accused.
  212. 93 Record of trial.
  213. 94 Transcripts of record and documentary productions.
  214. 95 Verdict by judge alone.
  215. 96 Amendment of indictment.
  216. 97 No case to answer.
  217. 97A Submissions as to sufficiency of evidence
  218. 97B Acquittals etc. on section 97A(2)(a) submissions
  219. 97C Directions etc. on section 97A(2)(b) submissions
  220. 97D No acquittal on “no reasonable jury” grounds
  221. 98 Defence to speak last.
  222. 99 Seclusion of jury to consider verdict.
  223. 99A Verdict of guilty or not guilty and majority for guilty verdict
  224. 100 Delivery of jury verdict
  225. 101 Previous convictions: solemn proceedings.
  226. 101A Post-offence convictions etc.
  227. 102 Interruption of trial for other proceedings.
  228. 102A Failure of accused to appear
  229. 103 Appeal sittings.
  230. 104 Power of High Court in appeals.
  231. 105 Appeal against refusal of application.
  232. 105A Appeal against granting of application
  233. 106 Right of appeal.
  234. 106A Appeal against automatic sentences where earlier conviction quashed.
  235. 107 Leave to appeal.
  236. 107A Prosecutor's right of appeal: decisions on section 97 and 97A submissions
  237. 107B Prosecutor's right of appeal: decisions on admissibility of evidence
  238. 107C Appeals under section 107A and 107B: general provisions
  239. 107D Expedited appeals
  240. 107E Other appeals under section 107A: appeal against acquittal
  241. 107F Other appeals under section 107A or 107B: appeal against directions etc.
  242. 108 Lord Advocate’s right of appeal against disposal.
  243. 108A Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.
  244. 109 Intimation of intention to appeal.
  245. 110 Note of appeal.
  246. 111 Provisions supplementary to sections 109 and 110.
  247. 112 Admission of appellant to bail.
  248. 113 Judge’s report.
  249. 113A Judge's observations in expedited appeal
  250. 114 Applications made orally or in writing.
  251. 115 Presentation of appeal in writing.
  252. 116 Abandonment of appeal.
  253. 117 Presence of appellant or applicant at hearing.
  254. 118 Disposal of appeals.
  255. 119 Provision where High Court authorises new prosecution.
  256. 120 Appeals: supplementary provisions.
  257. 121 Suspension of disqualification, forfeiture, etc.
  258. 121A Suspension of certain sentences pending determination of appeal.
  259. 122 Fines and caution.
  260. 123 Lord Advocate’s reference.
  261. 124 Finality of proceedings and Secretary of State’s reference.
  262. 125 Reckoning of time spent pending appeal.
  263. 126 Extract convictions.
  264. 127 Forms in relation to appeals.
  265. 128 Fees and expenses.
  266. 129 Non-compliance with certain provisions may be waived.
  267. 130 Bill of suspension not competent.
  268. 130A Bill of advocation not competent in respect of certain decisions
  269. 131 Prosecution appeal by bill of advocation.
  270. 132 Interpretation of Part VIII.
  271. 133 Application of Part IX of Act.
  272. 134 Incidental applications.
  273. 135 Warrants of apprehension and search.
  274. 136 Time limit for certain offences.
  275. 136A Time limits for transferred and related cases
  276. 136B Time limits where fixed penalty offer etc. made
  277. 137 Alteration of diets.
  278. 137ZA Refixing diets: non-sitting days
  279. 137ZB Refixing diets: non-suitable days
  280. 137A Transfer of sheriff court summary proceedings within sheriffdom
  281. 137AA Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal
  282. 137B Transfer of sheriff court summary proceedings outwith sheriffdom
  283. 137C Custody cases: initiating proceedings outwith sheriffdom
  284. 137CA Transfer of JP court proceedings within sheriffdom
  285. 137CB Transfer of JP court proceedings outwith sheriffdom
  286. 137CC Custody cases: initiating JP court proceedings outwith sheriffdom
  287. 137D Transfer of JP court proceedings to the sheriff court
  288. 138 Complaints.
  289. 139 Complaints: orders and warrants.
  290. 140 Citation.
  291. 141 Manner of citation.
  292. 142 Summary proceedings against children.
  293. 142A Summary proceedings where child accused along with an adult
  294. 143 Prosecution of companies, etc.
  295. 144 Procedure at first diet.
  296. 145 Adjournment for inquiry at first calling.
  297. 145ZA Adjournment where assessment order made at first calling
  298. 145A Adjournment at first calling to allow accused to appear etc.
  299. 146 Plea of not guilty.
  300. 147 Prevention of delay in trials.
  301. 148 Intermediate diet.
  302. 148A Interim diet required in certain sexual or domestic abuse cases
  303. 148B Pre-trial procedure in sheriff court where no intermediate diet is fixed
  304. 148C Engagement, dismissal and withdrawal of solicitor representing accused
  305. 148D Service etc. on accused through a solicitor
  306. 149 Alibi.
  307. 149A Notice of defence plea of consent
  308. 149B Notice of defences
  309. 150 Failure of accused to appear.
  310. 150A Proceedings in absence of accused
  311. 151 Death, illness or absence of judge.
  312. 152 Desertion of diet.
  313. 152A Complaints triable together
  314. 153 Trial in presence of accused.
  315. 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  316. 155 Punishment of witness for contempt.
  317. 156 Apprehension of witness.
  318. 156A Orders in respect of witnesses apprehended under section 156
  319. 156B Breach of bail under section 156A(1)(b)
  320. 156C Review of orders under section 156A(1)(a) or (b)
  321. 156D Appeals in respect of orders under section 156A(1)
  322. 157 Record of proceedings.
  323. 158 Interruption of summary proceedings for verdict in earlier trial.
  324. 159 Amendment of complaint.
  325. 160 No case to answer.
  326. 161 Defence to speak last.
  327. 161A Verdict of guilty or not guilty
  328. 162 Judges equally divided.
  329. 163 Conviction: miscellaneous provisions.
  330. 164 Conviction of part of charge.
  331. 165 “Conviction” and “sentence” not to be used for children.
  332. 166 Previous convictions: summary proceedings
  333. 166A Post-offence convictions etc.
  334. 166B Charges which disclose convictions
  335. 167 Forms of finding and sentence.
  336. 168 Caution.
  337. 169 Detention in precincts of court.
  338. 170 Damages in respect of summary proceedings.
  339. 171 Recovery of penalties.
  340. 172 Forms of procedure.
  341. 173 Quorum of Sheriff Appeal Court in relation to appeals.
  342. 174 Appeals relating to preliminary pleas.
  343. 175 Right of appeal.
  344. 175A Power to refer points of law for the opinion of the High Court
  345. 176 Stated case: manner and time of appeal.
  346. 176A Application of section 176 in relation to certain appeals
  347. 177 Procedure where appellant in custody.
  348. 178 Stated case: preparation of draft.
  349. 179 Stated case: adjustment and signature.
  350. 180 Leave to appeal against conviction etc.
  351. 181 Stated case: directions by Sheriff Appeal Court.
  352. 182 Stated case: hearing of appeal.
  353. 183 Stated case: disposal of appeal.
  354. 184 Abandonment of appeal.
  355. 185 Authorisation of new prosecution.
  356. 186 Appeals against sentence only.
  357. 187 Leave to appeal against sentence.
  358. 188 Setting aside conviction or sentence: prosecutor’s consent or application.
  359. 189 Disposal of appeal against sentence.
  360. 190 Disposal of appeal where appellant not criminally responsible.
  361. 191 Appeal by suspension or advocation on ground of miscarriage of justice.
  362. 191A Time limit for lodging bills of advocation and bills of suspension
  363. 191B Bill of advocation not competent in respect of certain decisions
  364. 192 Appeals: miscellaneous provisions.
  365. 193 Suspension of disqualification, forfeiture etc.
  366. 193A Suspension of certain sentences pending determination of appeal.
  367. 194 Computation of time.
  368. 194ZB Appeal from the Sheriff Appeal Court
  369. 194ZC Appeals: applications and procedure
  370. 194ZD Application for permission for appeal: determination by single judge
  371. 194ZE Further application for permission where single judge refuses permission
  372. 194ZF Applications for permission: further provision
  373. 194ZG Restriction of grounds of appeal
  374. 194ZH Disposal of appeals
  375. 194ZI Procedure where appellant in custody
  376. 194ZJ Abandonment of appeal
  377. 194ZK Finality of proceedings
  378. 194ZL Computation of time
  379. 194A Scottish Criminal Cases Review Commission.
  380. 194B References by the Commission
  381. 194C Grounds for reference.
  382. 194D Further provision as to references.
  383. 194DA High Court's power to reject a reference made by the Commission
  384. 194E Extension of Commission’s remit to summary cases.
  385. 194F Further powers.
  386. 194G Supplementary provision.
  387. 194H Power to request precognition on oath.
  388. 194I Power to obtain documents etc.
  389. 194IA Power to request assistance in obtaining information abroad
  390. 194J Offence of disclosure.
  391. 194K Exceptions from obligations of non-disclosure.
  392. 194L Consent to disclosure.
  393. 194M Further exception to section 194J
  394. 194N Effect of the exception
  395. 194O Notification and representations etc.
  396. 194P Consent if UK interest
  397. 194Q Consent if foreign interest
  398. 194R Designated foreign authority
  399. 194S Disapplication of sections 194O to 194R
  400. 194T Final disclosure-related matters
  401. 195 Remit to High Court for sentence.
  402. 196 Sentence following guilty plea.
  403. 197 Sentencing guidelines.
  404. 198 Form of sentence.
  405. 199 Power to mitigate penalties.
  406. 200 Remand for inquiry into physical or mental condition.
  407. 201 Power of court to adjourn case before sentence.
  408. 202 Deferred sentence.
  409. 203 Reports.
  410. 203A Reports about organisations
  411. 204 Restrictions on passing sentence of imprisonment or detention.
  412. 204A Restriction on consecutive sentences for released prisoners.
  413. 204B Consecutive sentences: life prisoners etc.
  414. 205 Punishment for murder.
  415. 205ZA Serious terrorism sentence
  416. 205ZB Minimum punishment part where life sentence imposed for serious terrorism offence
  417. 205ZC ... Sentence with fixed licence period
  418. 205B Minimum sentence for third conviction of certain offences relating to drug trafficking.
  419. 205C Meaning of “conviction” for purposes of sections 205A and 205B.
  420. 205D Only one sentence of imprisonment for life to be imposed in any proceedings
  421. 206 Minimum periods of imprisonment.
  422. 207 Detention of young offenders.
  423. 208 Detention of children convicted on indictment.
  424. 208A Detention of children under sections 205(2) and 208(1)
  425. 209 Supervised release orders.
  426. 210 Consideration of time spent in custody.
  427. 210ZA Consideration of time spent on electronically monitored bail
  428. 210A Extended sentences for sex, violent and terrorist offenders.
  429. 210AA Extended sentences for certain other offenders
  430. 210AB Particular factor as to victim safety
  431. 210B Risk assessment order
  432. 210C Risk assessment report
  433. 210D Interim hospital order and assessment of risk
  434. 210E The risk criteria
  435. 210EA Application of certain sections of this Act to proceedings under section 210C(7)
  436. 210F Order for lifelong restriction or compulsion order
  437. 210G Disposal of case where certain orders not made
  438. 210H Report of judge
  439. 211 Fines.
  440. 212 Fines in summary proceedings.
  441. 213 Remission of fines.
  442. 214 Fines: time for payment and payment by instalments.
  443. 215 Application for further time to pay fine.
  444. 216 Fines: restriction on imprisonment for default.
  445. 217 Fines: supervision pending payment.
  446. 218 Fines: supplementary provisions as to payment.
  447. 219 Fines: periods of imprisonment for non-payment.
  448. 220 Fines: part payment by prisoners.
  449. 221 Fines: recovery by civil diligence.
  450. 222 Transfer of fine orders.
  451. 223 Transfer of fines: procedure for clerk of court.
  452. 223A Recognition of financial penalties: requests to other member States
  453. 223B Requests to other member States: procedure on issue of certificate
  454. 223C Requests to other member States: application of provisions relating to fines
  455. 223D Requests to other member States: application of provisions relating to compensation orders
  456. 223E Requests to other member States: application of provisions relating to fixed penalties
  457. 223F Recognition of financial penalties: requests from other member States
  458. 223FA Requests from other member States: procedure where no certificate
  459. 223G Requests from other member States: return of certificate
  460. 223H Requests from other member States: procedure on receipt of certificate
  461. 223I Requests from other member States: action undertaken under certificate
  462. 223J Requests from other member States: application of provisions in relation to fines
  463. 223K Requests from other member States: supplementary provisions in relation to fines
  464. 223L Requests from other member States: action for enforcement where financial penalty not recovered
  465. 223M Requests from other member States: application of provisions relating to orders for compensation
  466. 223N Requests from other member States: supplementary provisions in relation to orders for compensation
  467. 223O Requests from other member States: application of provisions relating to fixed penalties
  468. 223P Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland
  469. 223Q The competent authority for Scotland
  470. 223R Accrual of monies obtained from the enforcement of financial penalties
  471. 223S Treatment of compensation monies
  472. 223T Interpretation of sections 223A to 223S
  473. 224 Discharge from imprisonment to be specified.
  474. 225 Penalties: standard scale, prescribed sum and uprating.
  475. 226 Penalties: exceptionally high maximum fines.
  476. 226A Fines enforcement officers
  477. 226B Enforcement orders
  478. 226C Variation for further time to pay
  479. 226D Seizure of vehicles
  480. 226E Deduction from benefits
  481. 226F Powers of diligence
  482. 226G Reference of case to court
  483. 226H Review of actions of FEO
  484. 226HA Judicial co-operation in criminal matters: mutual recognition of financial penalties: requests to other member States
  485. 226I Enforcement of fines etc.: interpretation
  486. 227 Caution.
  487. 227A Community payback orders
  488. 227B Community payback order: procedure prior to imposition
  489. 227C Community payback order: responsible officer
  490. 227D Community payback order: further provision
  491. 227E Requirement to avoid conflict with religious beliefs, work etc.
  492. 227F Payment of offenders' travelling and other expenses
  493. 227G Offender supervision requirement
  494. 227H Compensation requirement
  495. 227I Unpaid work or other activity requirement
  496. 227J Unpaid work or other activity requirement: further provision
  497. 227K Allocation of hours between unpaid work and other activity
  498. 227L Time limit for completion of unpaid work or other activity
  499. 227M Fine defaulters
  500. 227N Offenders subject to more than one unpaid work or other activity requirement
  501. 227O Rules about unpaid work and other activity
  502. 227P Programme requirement
  503. 227Q Residence requirement
  504. 227R Mental health treatment requirement
  505. 227S Mental health treatment requirements: medical evidence
  506. 227T Power to change treatment
  507. 227U Drug treatment requirement
  508. 227V Alcohol treatment requirement
  509. 227W Conduct requirement
  510. 227X Periodic review of community payback orders
  511. 227Y Applications to vary, revoke and discharge community payback orders
  512. 227Z Variation, revocation and discharge: court's powers
  513. 227ZA Variation of community payback orders: further provision
  514. 227ZB Change of offender's residence to new local authority area
  515. 227ZC Breach of community payback order
  516. 227ZD Breach of community payback order: further provision
  517. 227ZE Restricted movement requirement : rules
  518. 227ZF Restricted movement requirement: effect
  519. 227ZG Restricted movement requirements: further provision
  520. 227ZH Variation of restricted movement requirement
  521. 227ZI Remote monitoring
  522. 227ZJ Restricted movement requirements: Scottish Ministers' functions
  523. 227ZK Documentary evidence in proceedings for breach of restricted movement requirement
  524. 227ZL Local authorities: annual consultations about unpaid work
  525. 227ZM Annual reports on community payback orders
  526. 227ZN Meaning of “the appropriate court”
  527. 227ZO Community payback orders: persons residing in England and Wales or Northern Ireland
  528. 228 Probation orders.
  529. 229 Probation orders: additional requirements.
  530. 229A Probation progress review
  531. 230 Probation orders: requirement of treatment for mental condition.
  532. 230A Requirement for remote monitoring in probation order
  533. 231 Probation orders: amendment and discharge.
  534. 232 Probation orders: failure to comply with requirement.
  535. 233 Probation orders: commission of further offence.
  536. 234 Probation orders: persons residing in England and Wales.
  537. 234A Non-harassment orders.
  538. 234AZA Non-harassment orders: consideration by court in certain cases
  539. 234AA Antisocial behaviour orders
  540. 234AB Antisocial behaviour orders: notification
  541. 234B Drug treatment and testing order.
  542. 234C Requirements and provisions of drug treatment and testing orders.
  543. 234CA Requirement for ... monitoring in drug treatment and testing order
  544. 234D Procedural matters relating to drug treatment and testing orders.
  545. 234E Amendment of drug treatment and testing order.
  546. 234F Periodic review of drug treatment and testing order.
  547. 234G Breach of drug treatment testing order.
  548. 234H Disposal on revocation of drugs treatment and testing order.
  549. 234J Concurrent drug treatment and testing and probation orders.
  550. 234K Drug treatment and testing orders: interpretation.
  551. 235 Supervised attendance orders.
  552. 236 Supervised attendance orders in place of fines for 16 and 17 year olds.
  553. 237 Supervised attendance orders where court allows further time to pay fine.
  554. 238 Community service orders.
  555. 239 Community service orders: requirements.
  556. 240 Community service orders: amendment and revocation etc.
  557. 241 Community service order: commission of offence while order in force.
  558. 242 Community service orders: persons residing in England and Wales.
  559. 243 Community service orders: persons residing in Northern Ireland.
  560. 244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.
  561. 245 Community service orders: rules, annual report and interpretation.
  562. 245A Restriction of liberty orders.
  563. 245B Monitoring of restriction of liberty orders.
  564. 245C Remote monitoring.
  565. 245D Combination of restriction of liberty order with other orders.
  566. 245DA Further provision about multiple orders
  567. 245E Variation of restriction of liberty order.
  568. 245F Breach of restriction of liberty order.
  569. 245G Disposal on revocation of restriction of liberty order.
  570. 245H Documentary evidence in proceedings under section 245F.
  571. 245I Procedure on variation or revocation of restriction of liberty order.
  572. 245J Breach of certain orders: adjourning hearing and remanding in custody etc.
  573. 245K Community reparation orders
  574. 245L Community reparation order: notification
  575. 245M Failure to comply with community reparation order: extension of 12 month period
  576. 245N Failure to comply with community reparation order: powers of court
  577. 245P Extension, variation and revocation of order
  578. 245Q Sections 245L, 245N and 245P: meaning of “appropriate court”
  579. 246 Admonition and absolute discharge.
  580. 247 Effect of probation and absolute discharge.
  581. 248 Disqualification where vehicle used to commit offence.
  582. 248A General power to disqualify offenders.
  583. 248B Power to disqualify fine defaulters.
  584. 248C Application of sections 248A and 248B.
  585. 248D Extension of disqualification where sentence of imprisonment also imposed
  586. 248E Effect of sentence of imprisonment in other cases
  587. 249 Compensation order against convicted person.
  588. 250 Compensation orders: supplementary provisions.
  589. 251 Review of compensation order.
  590. 252 Enforcement of compensation orders: application of provisions relating to fines.
  591. 253 Effect of compensation order on subsequent award of damages in civil proceedings.
  592. 253A Restitution order where conviction of police assault etc.
  593. 253B The Restitution Fund
  594. 253C Restitution order, fine and compensation order: order of preference
  595. 253D Application of receipts
  596. 253E Enforcement: application of certain provisions relating to fines
  597. 253F Victim surcharge
  598. 253G The Victim Surcharge Fund
  599. 253H Application of receipts
  600. 253J Enforcement: application of certain provisions relating to fines
  601. 254 Search warrant for forfeited articles.
  602. 254A European Protection Orders: interpretation
  603. 254B Issuing of a European Protection Order
  604. 254C Recognition of a European Protection Order
  605. 254D Implementation of a recognised European Protection Order
  606. 254E Modification and revocation of non-harassment orders made under section 254D
  607. 255 Special capacity.
  608. 255A Proof of age.
  609. 256 Agreements and admissions as to evidence.
  610. 257 Duty to seek agreement of evidence.
  611. 258 Uncontroversial evidence.
  612. 259 Exceptions to the rule that hearsay evidence is inadmissible.
  613. 260 Admissibility of prior statements of witnesses.
  614. 261 Statements by co-accused
  615. 261ZA Statements by accused
  616. 261ZB Exception to rule on inadmissiblity
  617. 261A Witness statements: use during trial
  618. 262 Construction of sections 259 to 261A.
  619. 263 Examination of witnesses.
  620. 264 Spouse or civil partner of accused a compellable witness
  621. 265 Witnesses not excluded for conviction, interest, relationship, etc.
  622. 266 Accused as witness.
  623. 267 Witnesses in court during trial.
  624. 267A Citation of witnesses for precognition
  625. 267B Order requiring accused to participate in identification procedure
  626. 268 Additional evidence.
  627. 269 Evidence in replication.
  628. 270 Evidence of criminal record and character of accused.
  629. 271 Vulnerable witnesses: main definitions
  630. 271A Child and deemed vulnerable witnesses
  631. 271AA Using only standard special measures
  632. 271B Further special provision for child witnesses under the age of 12
  633. 271BZA Child witnesses in certain solemn cases: special measures
  634. 271BZB Child witnesses in certain solemn cases: modifications of section 271A
  635. 271BZC Child witnesses in certain solemn cases: modifications of section 271D
  636. 271BA Assessment of witnesses
  637. 271C Vulnerable witness application
  638. 271D Review of arrangements for vulnerable witnesses
  639. 271E Vulnerable witnesses: supplementary provision
  640. 271F The accused
  641. 271G Saving provision
  642. 271H The special measures
  643. 271HA Temporary additional special measures
  644. 271HB Excluding the public while taking evidence
  645. 271I Taking of evidence by a commissioner
  646. 271J Live television link
  647. 271K Screens
  648. 271L Supporters
  649. 271M Giving evidence in chief in the form of a prior statement
  650. 271N Witness anonymity orders
  651. 271P Applications
  652. 271Q Making and determination of applications
  653. 271R Conditions for making orders
  654. 271S Relevant considerations
  655. 271T Direction to jury
  656. 271U Discharge and variation of order
  657. 271V Appeals
  658. 271W Appeal against the making of a witness anonymity order
  659. 271X Appeal against the refusal to make a witness anonymity order
  660. 271Y Appeal against a variation of a witness anonymity order
  661. 271Z Appeal against a refusal to vary or discharge a witness anonymity order
  662. 272 Evidence by letter of request or on commission.
  663. 273 Television link evidence from abroad.
  664. 273A Television link evidence from other parts of the United Kingdom
  665. 274 Restrictions on evidence relating to sexual offences.
  666. 275 Exceptions to restrictions under section 274.
  667. 275A Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275
  668. 275B Provisions supplementary to sections 275 and 275A
  669. 275C Expert evidence as to subsequent behaviour of complainer in certain cases
  670. 276 Evidence of biological material.
  671. 277 Transcript of police interview sufficient evidence.
  672. 278 Record of proceedings at examination as evidence.
  673. 279 Evidence from documents.
  674. 279A Evidence from certain official documents.
  675. 280 Routine evidence.
  676. 281 Routine evidence: autopsy and forensic science reports.
  677. 281A Routine evidence: reports of identification prior to trial
  678. 282 Evidence as to controlled drugs and medicinal products.
  679. 283 Evidence as to time and place of video surveillance recordings.
  680. 284 Evidence in relation to fingerprints.
  681. 285 Previous convictions: proof, general.
  682. 286 Previous convictions: proof in support of substantive charge.
  683. 286A Proof of previous conviction by court in other member State
  684. 287 Demission from office of Lord Advocate and Solicitor General for Scotland.
  685. 288 Intimation of proceedings in High Court to Lord Advocate.
  686. 288ZA Right of Advocate General to take part in proceedings
  687. 288ZB References of compatibility issues to the High Court or Supreme Court
  688. 288A Rights of appeal for Advocate General: compatibility issues and devolution issues.
  689. 288AA Appeals to the Supreme Court: compatibility issues
  690. 288AB References of UNCRC compatibility issues to the High Court or Supreme Court
  691. 288AC Appeals to the Supreme Court: UNCRC compatibility issues
  692. 288B Appeals to the Supreme Court: general.
  693. 288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies
  694. 288BA Dockets for charges of sexual offences
  695. 288BB Mixed charges for sexual offences
  696. 288BC Aggravation by intent to rape
  697. 288C Prohibition of personal conduct of defence in cases of certain sexual offences
  698. 288D Appointment of solicitor by court in such cases
  699. 288DA Jury direction relating to lack of communication about offence
  700. 288DB Jury direction relating to absence of physical resistance or physical force
  701. 288DC Prohibition of personal conduct of defence in domestic abuse cases
  702. 288E Prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12
  703. 288F Power to prohibit personal conduct of defence in other cases involving vulnerable witnesses
  704. 288G Application of vulnerable witnesses provisions to proceedings in the district court
  705. 288H Participation through live television link
  706. 288I Evidence and personal appearance
  707. 288J Effect of postponement
  708. 288K Specified hearings
  709. 288L Defined terms
  710. 289 Procedure and evidence in trials for treason.
  711. 290 Accused’s right to request identification parade.
  712. 291 Precognition on oath of defence witnesses.
  713. 292 Mode of trial of certain offences.
  714. 293 Statutory offences: art and part and aiding and abetting.
  715. 294 Attempt at crime.
  716. 295 Legal custody.
  717. 296 Warrants for search and apprehension to be signed by judge.
  718. 297 Execution of warrants and service of complaints, etc.
  719. 297A Re-execution of apprehension warrants
  720. 298 Trial judge’s report.
  721. 298A Intimation of bills and of petitions to the nobile officium
  722. 299 Correction of entries.
  723. 300 Amendment of records of conviction and sentence in summary proceedings.
  724. 300A Power of court to excuse procedural irregularities
  725. 301 Rights of audience.
  726. 301A Recovery of documents
  727. 302 Fixed penalty: conditional offer by procurator fiscal.
  728. 302A Compensation offer by procurator fiscal
  729. 302B Combined fixed penalty and compensation offer
  730. 302C Recall of fixed penalty or compensation offer
  731. 303 Fixed penalty: enforcement.
  732. 303ZA Work orders
  733. 303ZB Setting aside of offers and orders
  734. 303A Transfer of rights of appeal of deceased person.
  735. 303B Electronic summary proceedings
  736. 303C Electronic signatures
  737. 303D Sending documents electronically and to a solicitor
  738. 303E Documents to which sections 303C and 303D apply
  739. 303F Interpretation of sections 303C to 303E
  740. 303G Suspension of requirement for physical attendance in criminal trials
  741. 303H Suspension of requirement for physical attendance in criminal proceedings where only party is a public official
  742. 303I Directions under sections 303G and 303H
  743. 303J Suspension of requirement for physical attendance in other criminal hearings or proceedings
  744. 303K Attending by electronic means
  745. 303L General directions under section 303K
  746. 303M Publication of guidance
  747. 303N Transitional provisions
  748. 303O Interpretation of sections 303C to 303N
  749. 304 Criminal Courts Rules Council.
  750. 305 Acts of Adjournal.
  751. 306 Information for financial and other purposes.
  752. 307 Interpretation.
  753. 308 Construction of enactments referring to detention etc.
  754. 308A Expressions relating to electronic proceedings
  755. 309 Short title, commencement and extent.
  756. SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
  757. SCHEDULE 2 Examples of Indictments
  758. SCHEDULE 3 Indictments and Complaints
  759. SCHEDULE 4 Supervision and Treatment Orders
  760. SCHEDULE 5 Forms of Complaint and Charges
  761. SCHEDULE 5ZA Serious terrorism offences
  762. SCHEDULE 5ZB Offences specified for the purpose of section 205ZC (sentence with fixed licence period)
  763. SCHEDULE 5ZC Terrorism offences
  764. SCHEDULE 8 Documentary Evidence in Criminal Proceedings
  765. SCHEDULE 9 Certificates as to Proof of Certain Routine Matters
  766. SCHEDULE 9A The Commission: Further Provisions
  767. SCHEDULE 10 Certain Offences Triable only Summarily
  768. SCHEDULE13 TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
  769. TABLE OF DERIVATIONS

Proposed changes to this act

No one has proposed a change to this act yet.

769 provisions

245 Community service orders: rules, annual report and interpretation.

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245A Restriction of liberty orders.

(1) Without prejudice to section 245D of this Act, where a person . . . is convicted of an offence punishable by imprisonment (other than an offence the sentence for which is fixed by law) the court, . . . may , instead of imposing on him a sentence of, or including, imprisonment or any other form of detention, make an order under this section (in this Act referred to as a “restriction of liberty order”) in respect of him. . . . (2) A restriction of liberty order may restrict the offender’s movements to such extent as the court thinks fit and, without prejudice to the generality of the foregoing, may include provision— (a) requiring the offender to be in such place as may be specified for such period or periods in each day or week as may be specified; (b) requiring the offender not to be in such place or places, or such class or classes of place or places, at such time or during such periods, as may be specified, . . . . (2A) In making a restriction of liberty order containing provision under subsection (2)(a), the court must ensure that the offender is not required, either by the order alone or the order taken together with any other relevant order or requirement, to be in any place or places for a period or periods totalling more than 12 hours in any one day. (2B) In subsection (2A), “other relevant order or requirement” means— (a) any other restriction of liberty order in effect in respect of the offender at the time the court is making the order referred to in subsection (2A), and (b) any restricted movement requirement under section 227ZF in effect in respect of the offender at that time. (3) A restriction of liberty order may be made for any period up to 12 months. (4) Before making a restriction of liberty order, the court shall explain to the offender in ordinary language— (a) the effect of the order...; (b) the consequences which may follow any failure by the offender to comply with the requirements of any order; and (c) that the court has power under section 245E of this Act to review the order on the application either of the offender or of any person responsible for monitoring the order, and the court shall not make the order unless the offender agrees to comply with its requirements. (5) The clerk of the court by which a restriction of liberty order is made shall— (a) cause a copy of the order to be sent— (i) to any person who is to be responsible for monitoring the offender’s compliance with the order; and (ii) if the offender resides (or is to reside) in a place outwith the jurisdiction of the court making the order, to the clerk of a court within whose jurisdiction that place is; and (b) cause a copy of the order to be given to the offender or sent to him by registered post or by the recorded delivery service; and an acknowledgment or certificate of delivery of a letter containing such copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgment or certificate. (6) Before making a restriction of liberty order which will require the offender to remain in a specified place or places the court shall — (a) obtain and consider a written report by an officer of a local authority about— (i) the place or places proposed to be specified; and (ia) the suitability of what is proposed (particularly with a view to maximising the prospect of the offender's compliance with the order and minimising the risk of reoffending by the offender); (ii) the attitude of persons likely to be affected by the enforced presence there of the offender ; and (b) if it considers it necessary, hear the officer who prepared the report. (7) A restriction of liberty order shall be taken to be a sentence for the purposes of this Act and of any appeal. (8) The Secretary of State may by regulations prescribe— (a) which courts, or class or classes of courts, may make restriction of liberty orders; (b) what method or methods of monitoring compliance with such orders may be specified in any such order by any such court; and (c) the class or classes of offenders in respect of which restriction of liberty orders may be made, and different provision may be made in relation to the matters mentioned in paragraphs (b) and (c) above in relation to different courts or classes of court. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Regulations under subsection (8) above may make such transitional and consequential provisions, including provision in relation to the continuing effect of any restriction of liberty order in force when new regulations are made, as the Secretary of State considers appropriate. (11) A court shall not make a restriction of liberty order which requires an offender to be in or, as the case may be, not to be in, a particular place or places unless it is satisfied that his compliance with that requirement can be monitored by the means of monitoring which it intends to specify in the order. (11A) A court shall not make a restriction of liberty order in respect of an offender who is a child unless, having obtained a report on the offender from the local authority in whose area he resides, it is satisfied as to the services which the authority will provide for his support and rehabilitation during the period when he is subject to the order. (12) The Secretary of State may by regulations substitute for the period of— (a) hours for the time being mentioned in subsection (2A) above; or (b) months for the time being mentioned in subsection (3) above, such period of hours or, as the case may be, months as may be prescribed in the regulations. (13) Regulations under this section shall be made by statutory instrument. (14) A statutory instrument containing regulations made under subsection (8) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (15) No regulations shall be made under subsection (12) above unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

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245B Monitoring of restriction of liberty orders.

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245C Remote monitoring.

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245D Combination of restriction of liberty order with other orders.

(1) Subsection (3) applies where the court— (a) intends to make a restriction of liberty order under section 245A(1) of this Act; and (b) considers it expedient that the offender should also be subject to (i) in the case of an offender who is under 16 years of age, a community payback order imposed under section 227A(1) of this Act (ii) in the case of an offender who is 16 years of age or more, a community payback order imposed under section 227A(1) of this Act or a drug treatment and testing order made under section 234B(2) of this Act . . . . (2) In deciding whether it is expedient to make a community payback order or a drug treatment and testing order by virtue of paragraph (b) of subsection (1) above, the court shall— (a) have regard to the circumstances, including the nature of the offence and the character of the offender; and (b) obtain a report as to the circumstances and character of the offender. (3) Where this subsection applies, the court, notwithstanding sections . . . 234B(2) and 245A(1) of this Act, may make a restriction of liberty order and (a) in the case of an offender who is under 16 years of age, a community payback order; (b) in the case of an offender who is 16 years of age or more, either a community payback order or a drug treatment and testing order. (4) Where the court makes a restriction of liberty order and a community payback order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to— (a) any person responsible for monitoring the offender’s compliance with the restriction of liberty order; and (b) the local authority within whose area the offender will reside for the duration of each order. (5) Where the court makes a restriction of liberty order and a drug treatment and testing order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to— (a) any person responsible for monitoring the offender’s compliance with the restriction of liberty order; (b) the treatment provider, within the meaning of section 234C(1) of this Act; and (c) the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (3) above— (a) if the failure relates to a requirement imposed by a community payback order and is dealt with under section 227ZC(7)(d) of this Act, the court may, in addition, exercise the powers conferred by section . . . 245F(2) of this Act in relation to the restriction of liberty order; (b) if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section . . . 245F(2)(b) of this Act in relation to the restriction of liberty order; and (c) if the failure relates to a requirement contained in a restriction of liberty order and is dealt with under section 245F(2)(b) of this Act, the court may, in addition, exercise the powers conferred by section 227ZC(7)(d) of this Act in relation to a community payback order and by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which, in either case, the offender is subject by virtue of subsection (3) above. (8) In any case to which this subsection applies, the offender may, without prejudice to subsection (7) above, be dealt with as respects that case under section 227ZC or, as the case may be, section 234G or section 245F(2) of this Act but he shall not be liable to be otherwise dealt with as respects that case. (9) Subsection (8) applies in a case where— (a) the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a community payback order to which he is subject by virtue of subsection (3) above; (b) the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a drug treatment and testing order to which he is subject by virtue of subsection (3) above; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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245DA Further provision about multiple orders

(1) Subsection (2) applies where the court— (a) makes any of the listed orders in relation to an offender, and (b) knows that the offender is already subject to another of the listed orders. (2) The clerk of court must send a copy of whichever of the listed orders is then made to— (a) any person responsible for monitoring the offender's compliance with whichever of the other listed orders the offender is already subject to (so far as the person's identity can reasonably be ascertained), and (b) the local authority within whose area the offender resides. (3) The listed orders are— (a) a restriction of liberty order, (b) a community payback order, (c) a drug treatment and testing order. (4) In the listed orders, the reference to a community payback order does not include such an order if imposed under section 227M(2).

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245E Variation of restriction of liberty order.

(1) Where a restriction of liberty order is in force either the offender or any person responsible for monitoring his compliance with the order may (a) except in a case to which paragraph (b) below applies, apply to the court which made the order or (b) where a copy of the order was, under section 245A(5)(a)(ii) of this Act or subsection (7)(a) below, sent to the clerk of a different court, apply to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent), for a review of it. (2) On an application made under subsection (1) above, and after hearing both the offender and any person responsible for monitoring his compliance with the order, the court may by order, if it appears to it to be in the interests of justice to do so— (a) vary the order by— (i) amending or deleting any of its requirements; (ii) inserting further requirements; or (iii) subject to subsection (3) of section 245A of this Act, increasing the period for which the order has to run; or (b) revoke the order. (3) Where the court, on the application of a person other than the offender, proposes to— (a) exercise the power conferred by paragraph (a) of subsection (2) above to vary (otherwise than by deleting a requirement) a restriction of liberty order, it shall issue a citation requiring the offender to appear before the court and section 245A(4) shall apply to the variation of such an order as it applies to the making of an order; and (b) exercise the power conferred by subsection (2)(b) above to revoke such an order and deal with the offender under section 245G of this Act, it shall issue a citation requiring him to appear before the court. (3A) The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act. (4) If an offender fails to appear before the court after having been cited in accordance with subsection (3) above, the court may issue a warrant for his arrest. (4A) Before varying a restriction of liberty order so as to require the offender to remain in a specified place or places or so as to specify a different place or different places in which the offender is to remain, the court shall— (a) obtain and consider a written report by an officer of a local authority about— (i) the place or places proposed to be specified, and (ia) the suitability of what is proposed (particularly with a view to maximising the prospect of the offender's compliance with the order and minimising the risk of reoffending by the offender); (ii) the attitude of persons likely to be affected by any enforced presence there of the offender; and (b) if it considers it necessary, hear the officer who prepared the report. (5) Where a reason for an application by the offender under subsection (1) above is that he proposes to reside in a place outwith the jurisdiction of the court to which that application is made, and the court is satisfied that suitable arrangements can be made, in the district where that place is, for monitoring his compliance with the order it may— (a) vary the order to permit or make practicable such arrangements; and (b) where the change in residence necessitates or makes desirable a change in who is designated for the purpose of such monitoring, vary the order accordingly. (6) Before varying a restriction of liberty order for the reason mentioned in subsection (5) above, the court shall— (a) if the order will require the offender to remain in a specified place or in specified places— (i) obtain and consider a report by an officer of a local authority about the same matters as are to be included in a report under subsection (4A)(a); and (ii) if it considers it necessary, hear the officer who prepared the report; and (b) satisfy itself that his compliance with that requirement can be monitored by the means of monitoring specified, or which it intends to specify, in the order. (7) Where a restriction of liberty order is varied as is mentioned in subsection (5) above, the clerk of the court shall send a copy of the order as so varied to— (a) the clerk of a court within whose jurisdiction the place of proposed residence is; (b) the person who, immediately before the order was varied, was responsible for monitoring the person’s compliance with it; and (c) the person who, in consequence of the variation, is to have that responsibility. (8) If, in relation to an application made for such reason as is mentioned in subsection (5) above, the court is not satisfied as is mentioned in that subsection, it may— (a) refuse the application; or (b) revoke the order.

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245F Breach of restriction of liberty order.

(1) If at any time when a restriction of liberty order is in force it appears (a) except in a case to which paragraph (b) below applies, to the court which made the order or (b) where a copy of the order was, under section 245A(5)(a)(ii) or 245E(7)(a) of this Act, sent to the clerk of a different court, to that different court (or, if there has been more than one such sending, the different court to which such a copy has most recently been so sent), that the offender has failed to comply with any of the requirements of the order the court in question may issue a citation requiring the offender to appear before it at such time as may be specified in the citation or, if it appears to that court to be appropriate, it may issue a warrant for the arrest of the offender. (1A) The unified citation provisions apply in relation to a citation under this section as they apply in relation to a citation under section 216(3)(a) of this Act. (2) If it is proved to the satisfaction of that court that the offender has failed without reasonable excuse to comply with any of the requirements of the order it may by order— (a) without prejudice to the continuance in force of the order, impose a fine not exceeding level 3 on the standard scale; (b) vary the restriction of liberty order; or (c) revoke that order. (2A) For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence. (3) A fine imposed under this section in respect of a failure to comply with the requirements of a restriction of liberty order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted. (4) Where a court varies a restriction of liberty order under subsection (2) above it may do so in any of the ways mentioned in paragraph (a) of section 245E(2) of this Act.

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245G Disposal on revocation of restriction of liberty order.

(1) Where the court revokes a restriction of liberty order under section 245E(2)(b) or 245F(2) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made, but in so doing the court shall have regard to the time for which the order has been in operation. (2) Where the court revokes a restriction of liberty order as mentioned in subsection (1) above, and the offender is, in respect of the same offence, also subject to a community payback order or a drug treatment and testing order, by virtue of section 245D(3), it shall before disposing of the offender under subsection (1) above, revoke the community payback order or drug treatment and testing order. (3) Where the court orders a community payback order or a drug treatment and testing order revoked the clerk of the court shall forthwith give copies of that order to the persons mentioned in subsection (4) or, as the case may be, (5) of section 245D of this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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245H Documentary evidence in proceedings under section 245F.

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245I Procedure on variation or revocation of restriction of liberty order.

Where a court exercises any power conferred by sections 232(3A), 245E(2) or 245F(2)(b) or (c) of this Act, the clerk of the court shall forthwith give copies of the order varying or revoking the restriction of liberty order to any person responsible for monitoring the offender’s compliance with that order and that person shall give a copy of the order to the offender.

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245J Breach of certain orders: adjourning hearing and remanding in custody etc.

(1) Where an offender appears before the court in respect of his apparent failure to comply with a requirement of, as the case may be, a community payback order, drug treatment and testing order, . . . or restriction of liberty order the court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with him, adjourn the hearing. (2) Where, under subsection (1) above, the court adjourns a hearing it shall remand the . . . offender in custody or on bail or ordain him to appear at the adjourned hearing. (3) A court shall not so adjourn a hearing for any single period exceeding four weeks or, on cause shown, eight weeks. The court may adjourn a hearing under subsection (1) for such period as it considers appropriate. (4) An offender remanded under this section may appeal against the refusal of bail, or against the conditions imposed, within 24 hours of his remand. (5) Any such appeal shall be to the appropriate Appeal Court by note of appeal, and the appropriate Appeal Court, either in court or in chambers, may after hearing . . . the appellant— (a) review the order appealed against and either grant bail on such conditions as it thinks fit or ordain the appellant to appear at the adjourned hearing; or (b) confirm the order. (6) A note of appeal under subsection (5) above is to be— (a) lodged with the clerk of the court from which the appeal is to be taken; and (b) sent without delay by that clerk (where not the clerk of the appropriate Appeal Court) to the clerk of the appropriate Appeal Court. (7) In this section— “appropriate Appeal Court” means— in the case of an appeal under subsection (4) against a decision of the High Court, that Court; in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and “the clerk of the appropriate Appeal Court” means— in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary; in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.

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245K Community reparation orders

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245L Community reparation order: notification

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245M Failure to comply with community reparation order: extension of 12 month period

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245N Failure to comply with community reparation order: powers of court

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245P Extension, variation and revocation of order

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245Q Sections 245L, 245N and 245P: meaning of “appropriate court”

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246 Admonition and absolute discharge.

(1) Subject to sections 205A and 205B of this Act, a court may, if it appears to meet the justice of the case, dismiss with an admonition any person convicted by the court of any offence. (2) Where a person is convicted on indictment of an offence (other than an offence the sentence for which is fixed by law), if it appears to the court, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment . . . it may instead of sentencing him make an order discharging him absolutely. (3) Where a person is charged before a court of summary jurisdiction with an offence (other than an offence the sentence for which is fixed by law) and the court is satisfied that he committed the offence, the court, if it is of the opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment . . . may without proceeding to conviction make an order discharging him absolutely.

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247 Effect of probation and absolute discharge.

(1) Subject to the following provisions of this section, a conviction of an offence for which an order is made discharging the offender absolutely shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of laying it before a court as a previous conviction in subsequent proceedings for another offence. (2) Without prejudice to subsection (1) above, the conviction of an offender who is ... discharged absolutely as aforesaid shall in any event be disregarded for the purposes of any enactment which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability. (3) Subsections (1) and (2) above shall not affect any right to appeal. (4) Where a person charged with an offence has at any time previously been discharged absolutely in respect of the commission by him of an offence it shall be competent, in the proceedings for that offence, to lay before the court the order of absolute discharge in like manner as if the order were a conviction. (5) Where an offender is discharged absolutely by a court of summary jurisdiction, he shall have the like right of appeal against the finding that he committed the offence as if that finding were a conviction. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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248 Disqualification where vehicle used to commit offence.

(1) Where a person is convicted of an offence (other than one triable only summarily) and the court which passes sentence is satisfied that a motor vehicle was used for the purposes of committing or facilitating the commission of that offence, the court may order him to be disqualified for such a period as the court thinks fit from holding or obtaining a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988. (2) A court which makes an order under subsection (1) above disqualifying a person from holding or obtaining a licence under Part III of the Road Traffic Act 1988 shall require him to produce— (a) any such licence; (b) any Community licence (within the meaning of that Part); and (c) any counterpart of a licence mentioned in paragraph (a) or (b) above, held by him. (3) Any reference in this section to facilitating the commission of an offence shall include a reference to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection. (4) In relation to licences , other than Community licences which came into force before 1st June 1990, the reference in subsection (2) above to the counterpart of a licence shall be disregarded.

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248A General power to disqualify offenders.

(1) Subject to subsection (2) below, the court by or before which a person is convicted of an offence may, in addition to or instead of dealing with him in any other way, order him to be disqualified from holding or obtaining a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988 for such period as it thinks fit. (2) Where the person is convicted of an offence for which the sentence is fixed by law, subsection (1) above shall have effect as if the words “or instead of” were omitted. (3) Subsections (2) and (4) of section 248 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.

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248B Power to disqualify fine defaulters.

(1) This section applies where the court has power to impose a period of imprisonment in default of payment of a fine, or any part or instalment of a fine. (2) Where this section applies, the court may, instead of imposing such a period of imprisonment as is mentioned in subsection (1) above, order that where the offender is in default he shall be disqualified from holding a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988 for such period not exceeding twelve months as the court thinks fit. (3) Where an order has been made under subsection (2) above in default of payment of any fine, or any part or instalment of a fine— (a) on payment of the fine to any person authorised to receive it, the order shall cease to have effect; and (b) on payment of any part of that fine to any such person, the period of disqualification to which the order relates shall be reduced (or, as the case may be, further reduced) by a number of days bearing as nearly as possible the same proportion to such period as the sum so paid bears to the amount of the fine outstanding at the commencement of that period. (4) Subsections (2) and (4) of section 248 of this Act shall apply for the purposes of this section as they apply for the purposes of that section. (5) Section 19 of the Road Traffic Offenders Act 1988 (proof of disqualification in Scottish proceedings) shall apply to an order under subsection (2) above as it applies to a conviction or extract conviction. (6) The Secretary of State may by order made by statutory instrument vary the period specified in subsection (2) above; but no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

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248C Application of sections 248A and 248B.

(1) The Secretary of State may by order prescribe which courts, or class or classes of courts, may make orders under section 248A or 248B of this Act .... (2) An order made under subsection (1) above shall be made by statutory instrument and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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248D Extension of disqualification where sentence of imprisonment also imposed

(1) This section applies where a person is convicted of an offence for which the court— (a) imposes a sentence of imprisonment, and (b) orders the person to be disqualified under section 248 or 248A of this Act from holding or obtaining a driving licence. (2) The order under section 248 or 248A of this Act must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period. (3) The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 248 or 248A of this Act. (4) The appropriate extension period is— (a) in the case of a life prisoner, a period equal to the punishment part of the life sentence; (aa) in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term; (ab) in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term; (ac) in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in the case of a person serving any other extended sentence, a period equal to half the custodial term; (ca) in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term; (cb) in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence; (d) in any other case, a period equal to half the sentence of imprisonment imposed. (5) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days. (6) For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence. (7) Subsection (8) applies where an amending order provides for a reference in section 1(1) or (3), 1AA(1) or 1AB(3)(a) of the 1993 Act to a particular proportion of a prisoner’s sentence to be construed as a reference to some other proportion (“the new proportion”) specified in the order. (8) The Secretary of State may by order provide that the proportion specified in subsection (4)(ac), (c), (ca), (cb) or (d) of this section is to be read, in the case of a sentence of imprisonment to which the amending order relates, as a reference to the new proportion. (9) An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament. (10) In this section— “amending order” means an order made by the Scottish Ministers under section 27(2)(b) of the 1993 Act; “appropriate custodial term”— in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act; in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section; “custodial term” has the meaning given by section 210A(2)(a) of this Act; ... ... “extended sentence” has the meaning given by section 210A of this Act; “life prisoner” has the meaning given by section 2(1) of the 1993 Act; “punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act; “sentence of imprisonment” includes— an order for detention in a residential establishment under section 44 of this Act, and a sentence of detention under section 205, 205ZA(7), 205ZC(4), 207 or 208 of this Act. “serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act;

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248E Effect of sentence of imprisonment in other cases

(1) This section applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under section 248 or 248A from holding or obtaining a driving licence and— (a) the court proposes to impose on the person a sentence of imprisonment for another offence, or (b) at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired. (2) In determining the period for which the person is to be disqualified under section 248 or 248A, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so. (3) The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment. (4) If the court proposes to order the person to be disqualified under section 248 or 248A and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2). (5) In this section “sentence of imprisonment” has the same meaning as in section 248D.

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249 Compensation order against convicted person.

(1) Where a person is convicted of an offence the court, instead of or in addition to dealing with him in any other way, may make an order (in this Part of this Act referred to as “a compensation order”) requiring him to pay compensation in favour of the victim for any— (a) personal injury, loss or damage caused directly or indirectly; or (b) alarm or distress caused directly, to the victim. (1A) For the purposes of subsection (1) above, “victim” means— (a) a person against whom; or (b) a person against whose property, the acts which constituted the offence were directed. (1B) Where a person is convicted of an offence, the court may (instead of or in addition to dealing with the person in any other way), in accordance with subsections (3A) to (3C), make a compensation order requiring the convicted person to pay compensation in favour of— (a) the victim, or (b) a person who is liable for funeral expenses in respect of which subsection (3C)(b) allows a compensation order to be made. (1C) For the purposes of subsection (1B)(a), “victim” means— (a) a person who has suffered personal injury, loss or damage in respect of which a compensation order may be made by virtue of subsection (3A), or (b) a relative (as defined in Schedule 1 to the Damages (Scotland) Act 1976 (c.13)) who has suffered bereavement in respect of which subsection (3C)(a) allows a compensation order to be made. (2) It shall not be competent for a court to make a compensation order— (a) where, under section 246(2) of this Act, it makes an order discharging him absolutely; (ab) where, under section 227A of this Act, it imposes a community payback order; (c) at the same time as, under section 202 of this Act, it defers sentence. (3) Where, in the case of an offence involving dishonest appropriation, or the unlawful taking and using of property or a contravention of section 178(1) of the Road Traffic Act 1988 (taking motor vehicle without authority etc.) the property is recovered, but has been damaged while out of the owner’s possession, that damage, however and by whomsoever it was in fact caused, shall be treated for the purposes of subsection (1) above as having been caused by the acts which constituted the offence. (3A) A compensation order may be made in respect of personal injury, loss or damage (apart from loss suffered by a person's dependents in consequence of a person's death) that was caused directly or indirectly by an accident arising out of the presence of a motor vehicle on a road if— (a) it was being used in contravention of section 143(1) of the Road Traffic Act 1988 (c.52), and (b) no compensation is payable under arrangements to which the Secretary of State is a party. (3B) Where a compensation order is made by virtue of subsection (3) or (3A), the order may include an amount representing the whole or part of any loss of (including reduction in) preferential rates of insurance if the loss is attributable to the accident. (3C) A compensation order may be made— (a) for bereavement in connection with a person's death resulting from the acts which constituted the offence, (b) for funeral expenses in connection with such a death, except where the death was due to an accident arising out of the presence of a motor vehicle on a road. (4) Unless (and to the extent that) subsections (3) to (3C) allow a compensation order to be made, no compensation order shall be made in respect of— (a) loss suffered in consequence of the death of any person; or (b) injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road .... (5) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such order, the court shall take into consideration his means so far as known to the court. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In solemn proceedings there shall be no limit on the amount which may be awarded under a compensation order. (8) In summary proceedings— (a) a sheriff ... . . . , shall have power to make a compensation order awarding in respect of each offence an amount not exceeding the prescribed sum; (b) a judge of a JP court ... shall have power to make a compensation order awarding in respect of each offence an amount not exceeding level 4 on the standard scale. (8A) In summary proceedings before the sheriff, where the fine or maximum fine to which a person is liable on summary conviction of an offence exceeds the prescribed sum, the sheriff may make a compensation order awarding in respect of the offence an amount not exceeding the amount of the fine to which the person is so liable. (9) Payment of any amount under a compensation order shall be made to the clerk of the court who shall account for the amount to the person entitled thereto. (10) Only the court shall have power to enforce a compensation order. (11) This section is subject to section 34 of the Regulatory Reform (Scotland) Act 2014.

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250 Compensation orders: supplementary provisions.

(1) Where a court considers that in respect of an offence it would be appropriate to impose a fine and to make a compensation order but the convicted person has insufficient means to pay both an appropriate fine and an appropriate amount in compensation the court should prefer a compensation order. (2) Where a convicted person has both been fined and had a compensation order made against him in respect of the same offence or different offences in the same proceedings, a payment by the convicted person shall first be applied in satisfaction of the compensation order. (3) For the purposes of any appeal or review, a compensation order is a sentence. (4) Where a compensation order has been made against a person, a payment made to the court in respect of the order shall be retained until the determination of any appeal in relation to the order.

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251 Review of compensation order.

(1) Without prejudice to the power contained in section 213 of this Act, (as applied by section 252 of this Act), at any time before a compensation order has been complied with or fully complied with, the court, on the application of the person against whom the compensation order was made, may discharge the compensation order or reduce the amount that remains to be paid if it appears to the court that— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) that property the loss of which is reflected in the compensation order has been recovered. (1A) On the application of the prosecutor at any time before a compensation order has been complied with (or fully complied with), the court may increase the amount payable under the compensation order if it is satisfied that the person against whom it was made— (a) because of the availability of materially different information about financial circumstances, has more means than were made known to the court when the order was made, or (b) because of a material change of financial circumstances, has more means than the person had then. (2) In subsection (1) above “the court” means— (a) in a case where, as respects the compensation order, a transfer of fine order under section 222 of this Act (as applied by the said section 252) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or (b) in any other case, the court which made the compensation order or, where that court was the High Court, by which the order was first enforceable.

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252 Enforcement of compensation orders: application of provisions relating to fines.

(1) The provisions of this Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and section 91 of the Magistrates’ Courts Act 1980 and article 96 of the Magistrates’ Courts (Northern Ireland) Order 1981 shall be construed accordingly. (2) The provisions mentioned in subsection (1) above are— section 211(3), (4) and (7) to (9) (enforcement of fines); section 212 (fines in summary proceedings); section 213 (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section; section 214 (time for payment) with the omission of— (a) the words from “unless” to “its decision” in subsection (4); and (b) subsection (5); section 215 (further time for payment); section 216 (reasons for default); section 217 (supervision pending payment of fine); section 218 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings; subject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8) (maximum period of imprisonment for non-payment of fine); section 220 (payment of fine in part by prisoner); section 221 (recovery by civil diligence); section 222 (transfer of fine orders); section 223 (action of clerk of court on transfer of fine order); and section 224 (discharge from imprisonment to be specified) ; and. section 248B (driving disqualification for fine defaulters) so far as it relates to the power conferred by section 219(1)(b). (3) In the application of the provisions of section 219 of this Act mentioned in subsection (2) above for the purposes of subsection (1) above— (a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but not vice versa; and (b) where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of subsection (2) of the said section 219, be aggregated.

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253 Effect of compensation order on subsequent award of damages in civil proceedings.

(1) This section shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss , damage, alarm or distress and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined. (2) The damages in the civil proceedings shall be assessed without regard to the order or award; but where the whole or part of the amount awarded by the order or award has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order or award. (3) Where the whole or part of the amount awarded by the order or award remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order or award was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment— (a) if it is for an amount not exceeding the amount unpaid under the order or award, shall not be enforced; or (b) if it is for an amount exceeding the amount unpaid under the order or award, shall not be enforced except to the extent that it exceeds the amount unpaid, without the leave of the court. (4) In this section a “service compensation order or award” means— (a) an order requiring the payment of compensation under paragraph 11 of— (i) Schedule 5A to the Army Act 1955; (ii) Schedule 5A to the Air Force Act 1955; or (iii) Schedule 4A to the Naval Discipline Act 1957; or (b) an award of stoppages payable by way of compensation under any of those Acts.

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253A Restitution order where conviction of police assault etc.

(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. (6) A restitution order is to be treated as a sentence for the purposes of any appeal under this Act.

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253B The Restitution Fund

(1) A person to whom any amount is paid under section 253A in respect of a restitution order must pay the amount to the Scottish Ministers. (2) The Scottish Ministers must pay any amount received by virtue of subsection (1) into a fund to be known as the Restitution Fund. (3) The Scottish Ministers must establish, maintain and administer the Restitution Fund for the purpose of securing the provision of support services for persons who have been assaulted as mentioned in section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (“victims”). (4) Any payment out of the fund may be made only to— (a) a person who provides or secures the provision of support services for victims, or (b) the Scottish Ministers or, with the consent of the Scottish Ministers, a person specified by order by virtue of subsection (5) in respect of outlays incurred in administering the fund. (5) The Scottish Ministers may delegate to such person as they may specify by order the duties imposed on them by subsection (3) of establishing, maintaining and administering the Restitution Fund. (6) The Scottish Ministers may by order make further provision about the administration of the Restitution Fund including provision for or in connection with— (a) specifying persons or classes of person to or in respect of whom payments may be made out of the fund (but subject to subsection (4)), (b) the making of payments out of the fund, (c) requiring financial or other records to be kept, (d) the making of reports to the Scottish Government containing such information and in respect of such periods as may be specified. (7) An order under subsection (5) or (6) is subject to the affirmative procedure. (8) In this section, “support services”, in relation to a victim, means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim.

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253C Restitution order, fine and compensation order: order of preference

(1) Subsection (2) applies where a court considers in relation to an offence that it would be appropriate— (a) to make a restitution order, (b) to impose a fine, and (c) to make a compensation order. (2) If the person convicted of the offence (“P”) has insufficient means to pay an appropriate amount under a restitution order, to pay an appropriate fine and to pay an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine. (3) Subsection (4) applies where a court considers in relation to an offence that it would be appropriate— (a) to make a restitution order, and (b) to impose a fine or make a compensation order. (4) If P has insufficient means to pay an appropriate amount under a restitution order and to pay an appropriate fine or, as the case may be, an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.

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253D Application of receipts

(1) This section applies where the court makes a restitution order in relation to a person (“P”) convicted of an offence and also in respect of the same offence or different offences in the same proceedings— (a) imposes a fine and makes a compensation order, or (b) imposes a fine or makes a compensation order. (2) A payment by P must be applied in the following order— (a) the payment must first be applied in satisfaction of the compensation order, (b) the payment must next be applied in satisfaction of the restitution order, (c) the payment must then be applied in satisfaction of the fine.

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253E Enforcement: application of certain provisions relating to fines

(1) The provisions of this Act specified in subsection (2) apply in relation to restitution orders as they apply in relation to fines but subject to the modifications mentioned in subsection (2) and to any other necessary modifications. (2) The provisions are— (za) section 121(4), (zb) section 193(3), (a) section 211(3) and (7), (b) section 212, (c) section 213 (with the modification that subsection (2) is to be read as if the words “or (4)” were omitted), (d) section 214(1) to (4) and (6) to (9) (with the modification that subsection (4) is to be read as if the words from “unless” to “decision” were omitted), (e) sections 215 to 217, (f) subject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8), (g) sections 220 to 224, (h) section 248B. (3) In the application of the provisions of section 219 mentioned in subsection (2)(f) for the purposes of subsection (1)— (a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a restitution order but not vice versa, (b) where a court imposes imprisonment both in respect of a fine and a restitution order, the amounts in respect of which imprisonment is imposed are to be aggregated for the purposes of section 219(2).

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253F Victim surcharge

(1) This section applies where— (a) a person (“P”) is convicted of an offence other than an offence, or offence of a class, that is prescribed by regulations by the Scottish Ministers, (b) the court does not make a restitution order in respect of the same offence or a different offence in the same proceedings, and (c) the court imposes a sentence, or sentence of a class, that is so prescribed. (2) Except in such circumstances as may be prescribed by regulations by the Scottish Ministers, the court, in addition to dealing with P in any other way, must order P to pay a victim surcharge of such amount as may be so prescribed. (3) Despite subsection (2), if P is convicted of two or more offences in the same proceedings, the court must order P to pay only one victim surcharge in respect of both or, as the case may be, all the offences. (4) Any sum paid in respect of a victim surcharge 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 this section may make different provision for different cases and in particular may include provision— (a) prescribing different amounts for different descriptions of offender, (b) prescribing different amounts for different circumstances. (6) Where provision is made by virtue of subsection (5), the Scottish Ministers may by regulations make provision for determining which victim surcharge is payable in the circumstances mentioned in subsection (3). (7) Regulations under this section are subject to the affirmative procedure.

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253G The Victim Surcharge Fund

(1) A person to whom any sum is paid under section 253F(4) in respect of a victim surcharge must pay the sum to the Scottish Ministers. (2) The Scottish Ministers must pay any sum received by virtue of subsection (1) into a fund to be known as the Victim Surcharge Fund. (3) The Scottish Ministers must establish, maintain and administer the Victim Surcharge Fund for the purpose of securing the provision of support services for persons who are or appear to be the victims of crime and prescribed relatives of such persons. (4) Any payment out of the fund may be made only to— (a) a person who is or appears to be the victim of crime, (b) a prescribed relative of a person who is or appears to be the victim of crime, (c) a person who provides or secures the provision of support services for persons who are or appear to be victims of crime, or (d) the Scottish Ministers or, with the consent of the Scottish Ministers, a person specified by order by virtue of subsection (5) in respect of outlays incurred in administering the fund. (5) The Scottish Ministers may delegate to such person as they may specify by order the duties imposed on them by subsection (3) of establishing, maintaining and administering the Victim Surcharge Fund. (6) The Scottish Ministers may by regulations make further provision about the administration of the Victim Surcharge Fund including provision for or in connection with— (a) the making of payments out of the fund, (b) the keeping of financial and other records, (c) the making of reports to the Scottish Government containing such information and in respect of such periods as may be specified. (7) An order under subsection (5) and regulations under subsection (6) are subject to the affirmative procedure. (8) In this section— “prescribed” means prescribed by the Scottish Ministers by regulations, “support services”, in relation to a person who is or appears to be the victim of crime, means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the person or a prescribed relative of the person. (9) Regulations under subsections (3), (4) and (8) are subject to the negative procedure.

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253H Application of receipts

(1) This section applies where the court orders the payment of a victim surcharge in relation to a person (“P”) convicted of an offence and also in respect of the same offence or different offences in the same proceedings— (a) imposes a fine and makes a compensation order, or (b) imposes a fine or makes a compensation order. (2) A payment by P must be applied in the following order— (a) the payment must first be applied in satisfaction of the compensation order, (b) the payment must next be applied in satisfaction of the victim surcharge, (c) the payment must then be applied in satisfaction of the fine.

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253J Enforcement: application of certain provisions relating to fines

(1) The provisions of this Act specified in subsection (2) apply in relation to victim surcharges as they apply in relation to fines but subject to the modifications mentioned in subsection (2) and to any other necessary modifications. (2) The provisions are— (za) section 121(4), (zb) section 193(3), (a) section 211(3) and (4), (b) section 212, (c) section 213 (with the modification that subsection (2) is to be read as if the words “or (4)” were omitted), (d) section 214(1) to (4) and (6) to (9) (with the modification that subsection (4) is to be read as if the words from “unless” to “decision” were omitted), (e) sections 215 to 218, (f) subject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8), (g) sections 220 to 224, (h) section 248B. (3) In the application of the provisions of section 219 mentioned in subsection (2)(f) for the purposes of subsection (1)— (a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a victim surcharge but not vice versa, (b) where a court imposes imprisonment both in respect of a fine and a victim surcharge, the amounts in respect of which imprisonment is imposed are to be aggregated for the purposes of section 219(2).

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