Search Legislation

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

53Disclosure of previous offers

This section has no associated Explanatory Notes

(1)In section 69 (notice of previous convictions) of the 1995 Act, after subsection (5) there is added—

(6)This section applies in relation to the alternative disposals mentioned in subsection (7) below as it applies in relation to previous convictions.

(7)Those alternative disposals are—

(a)a—

(i)fixed penalty under section 302(1) of this Act;

(ii)compensation offer under section 302A(1) of this Act,

that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;

(b)a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged..

(2)In section 101 (previous convictions: solemn proceedings) of that Act, after subsection (8) there is added—

(9)This section, except subsection (2) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.

(10)Those alternative disposals are—

(a)a—

(i)fixed penalty under section 302(1) of this Act;

(ii)compensation offer under section 302A(1) of this Act,

that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;

(b)a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.

(11)Nothing in this section or in section 69 of this Act shall prevent the prosecutor, following conviction of an accused of an offence—

(a)to which a fixed penalty offer made under section 302(1) of this Act related;

(b)to which a compensation offer made under section 302A(1) of this Act related; or

(c)to which a work offer made under section 303ZA(1) of this Act related,

providing the judge with information about the making of the offer (including the terms of the offer)..

(3)In section 166 (previous convictions: summary proceedings) of that Act, after subsection (8) there is added—

(9)This section, except subsection (8) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.

(10)Those alternative disposals are—

(a)a—

(i)fixed penalty under section 302(1) of this Act;

(ii)compensation offer under section 302A(1) of this Act,

that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;

(b)a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.

(11)Nothing in this section shall prevent the prosecutor, following conviction of an accused of an offence—

(a)to which a fixed penalty offer made under section 302(1) of this Act related;

(b)to which a compensation offer made under section 302A(1) of this Act related; or

(c)to which a work offer made under section 303ZA(1) of this Act related,

providing the judge with information about the making of the offer (including the terms of the offer)..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources