# Antisocial Behaviour etc. (Scotland) Act 2004, Section 131: Effect of fixed penalty notice

Extent: S

(1) This section applies if a fixed penalty notice is given to a person (“A”) under section 129.
(2) Subject to subsection (3), proceedings may not be brought against A.
(3) If A asks to be tried for the alleged offence, proceedings may be brought against A.
(4) Such a request shall be made by a notice given by A—
(a) in the manner specified in the fixed penalty notice; and
(b) before the end of the period of 28 days beginning with the day on which the notice is given.
(5) If, by the end of the period mentioned in paragraph (b) of subsection (4)—
(a) the fixed penalty has not been paid in accordance with this Part; and
(b) A has not made a request in accordance with that subsection,
then A is liable to pay to the clerk of the justice of the peace court specified in the fixed penalty notice a sum equal to one and a half times the amount of the fixed penalty.
(6) A sum for which A is liable by virtue of subsection (5) shall be treated as if it were a fine imposed by the justice of the peace court specified in the fixed penalty notice.

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Source: https://www.legislation.gov.uk/asp/2004/8/section/131 (the official version)
Page: https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/section-131
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.