Draft Order laid before the Scottish Parliament under section 302(8)(b) of the Criminal Procedure (Scotland) Act 1995, for approval by resolution of the Scottish Parliament.

2008 No.

CRIMINAL LAW

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

Made

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 302(7) of the Criminal Procedure (Scotland) Act 19951 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.

Citation, commencement and saving1

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 Proceedings (Scotland) Act 1995) made before 10th March 2008.

Scale of fixed penalties2

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.

Revocation3

Subject to article 1(2) of this Order, the Criminal Justice (Scotland) Act 1987 Fixed Penalty Order 19962 is revoked.

A member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULETHE SCALE OF FIXED PENALTIES

Article 2

Level on the scale

Amount of fixed penalty

1

£50

2

£75

3

£100

4

£150

5

£200

6

£250

7

£300

(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 by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement No. 3 and Transitional Provisions and Savings) Order 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.