# Criminal Procedure (Scotland) Act 1995, Section 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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Source: https://www.legislation.gov.uk/ukpga/1995/46/section/253C (the official version)
Page: https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-253C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.