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

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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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