The Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008
S.S.I. 2008/108 · Made 5 March 2008 · Extends to Scotland
CRIMINAL LAW
Made 5th March 2008
Coming into force 10th March 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 302(7) and (8) of the Criminal Procedure (Scotland) Act 1995 M1 and all other powers enabling them to do so.
In accordance with section 302(8)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Marginal citations
- M1
1995 c. 46. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Section 302(7) of the Criminal Procedure (Scotland) Act 1995 will be amended by section 50(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). Section 50(1) will come into force on 10th March 2008.
Contents
- 1Citation, commencement and saving
- 2Scale of fixed penalties
- 3Revocation
- Signature
- Schedule The scale of fixed penalties
- Explanatory note
1Citation, commencement and saving
This Order may be cited as the Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008 and, subject to paragraph (2), comes into force on 10th March 2008.
This Order shall not apply in respect of any conditional offer (under section 302 of the Criminal Procedure (Scotland) Act 1995) made before 10th March 2008.
2Scale of fixed penalties
For the purposes of section 302 (fixed penalty: conditional offer by procurator fiscal) of the Criminal Procedure (Scotland) Act 1995 the scale of fixed penalties in the Schedule to this Order is prescribed.
3Revocation
Subject to article 1(2) of this Order, the Criminal Justice (Scotland) Act 1987 Fixed Penalty Order 1996 M1 is revoked.
Signature
KENNY MACASKILL
A member of the Scottish Executive
St Andrew's House,
Edinburgh
The scale of fixed penaltiesF1
| Level on the scale | Amount of fixed penalty |
|---|---|
| 1 | £50 |
| 2 | £75 |
| 3 | £100 |
| 4 | £150 |
| 5 | £200 |
| 6 | £250 |
| 7 | £300 |
| 8 | £400 |
| 9 | £500 |
Explanatory note
(This note is not part of the Order)
Section 50(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 amends section 302 (fixed penalty: conditional offer by procurator fiscal) of the Criminal Procedure (Scotland) Act 1995.
Section 50(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 will be brought into force on 10th March 2008.
Article 2 of and the Schedule to the Order prescribe the scale of fixed penalties from which a procurator fiscal may send a conditional offer to an alleged offender under section 302 of the Criminal Procedure (Scotland) Act 1995.
Article 3 of this Order revokes the previous Order prescribing a scale of fixed penalties: the Criminal Justice (Scotland) Act 1987 Fixed Penalty Order 1996, subject to the saving provisions in respect of conditional offers made before 10th March 2008.