Section 61 Conditional offer of fixed penalty by procurator fiscal.I1

Section 56 of the M1Criminal Justice (Scotland) Act 1987 (conditional offer of fixed penalty by procurator fiscal) shall be amended as follows.

After subsection (2) there shall be inserted the following subsection—

“(2A)

In this section “the appropriate fixed penalty” means such fixed penalty on the scale prescribed under subsection (7) below as the procurator fiscal thinks fit having regard to the circumstances of the case.”.

In subsection (3)(b)(i), after the word “the” in the second place where it occurs there shall be inserted “ appropriate ”.

After subsection (3) there shall be inserted the following subsection—

“(3A)

A conditional offer may be made in respect of more than one relevant offence and shall, in such a case, state the amount of the appropriate fixed penalty for all the offences in respect of which it is made.”.

In each of subsections (4) and (6), after the words “payment of the” there shall be inserted “ appropriate ”.

For subsection (7) there shall be substituted the following subsections—

“(7)

The Secretary of State shall, by order, prescribe a scale of fixed penalties for the purposes of this section, the amount of the maximum penalty on the scale being a sum not exceeding level 1 on the standard scale.

(7A)

An order under subsection (7) above—

(a)

may contain provision as to the payment of fixed penalties by instalments; and

(b)

shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

In subsection (8), after the words “instalment of the” there shall be inserted “ appropriate ”.