# The Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008

S.S.I. 2008/108 · made 5 March 2008 · revised to 1 December 2025

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.

PDFs: Printed copy https://openlegislation.uk/criminal-procedure-scotland-act-1995-fixed-penalty-order-2008/pdf/ssi_20080108_en.pdf; Executive Note https://openlegislation.uk/criminal-procedure-scotland-act-1995-fixed-penalty-order-2008/pdf/ssien_20080108_en.pdf

## Introductory text

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 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.

## 1 Citation, commencement and saving

(1) 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.
(2) 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.

## 2 Scale 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.

## 3 Revocation

Subject to article 1(2) of this Order, the Criminal Justice (Scotland) Act 1987 Fixed Penalty Order 1996 is revoked.

## Signature

KENNY MACASKILL
A member of the Scottish Executive
St Andrew's House,
Edinburgh

## The scale of fixed penalties

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.

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Source: https://www.legislation.gov.uk/ssi/2008/108 (the official version)
Page: https://openlegislation.uk/criminal-procedure-scotland-act-1995-fixed-penalty-order-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.