Draft Order laid before the Scottish Parliament under section 33(3) of the Victims and Witnesses (Scotland) Act 2014 for approval by resolution of the Scottish Parliament.
2021 No.
The Victims and Witnesses (Scotland) Act 2014 (Supplementary Provisions) Order 2021
Made
Coming into force in accordance with article 1(2)
The Scottish Ministers make the following Order in exercise of the power conferred by section 33 of the Victims and Witnesses (Scotland) Act 20141 and all other powers enabling them to do so.
In accordance with section 33(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement1
1
This Order may be cited as the Victims and Witnesses (Scotland) Act 2014 (Supplementary Provisions) Order 2021.
2
This Order comes into force on the day after the day on which it is made.
Amendment of the Criminal Procedure (Scotland) Act 19952
1
The Criminal Procedure (Scotland) Act 19952 is amended as follows.
2
In section 227H(5) (compensation requirement)3—
a
the “and” immediately following paragraph (c) is repealed,
b
after paragraph (d) insert—
e
section 253C,
f
section 253D, and
g
section 253H.
3
In section 253A (restitution order where conviction of police assault etc.)4, after subsection (5) insert—
6
A restitution order is to be treated as a sentence for the purposes of any appeal under this Act.
4
In section 253E(2) (enforcement: application of certain provisions relating to fines)5, before paragraph (a) insert—
za
section 121(4),
zb
section 193(3),
5
In section 253F(1)(b) (victim surcharge)6 after “order” insert “in respect of the same offence or a different offence in the same proceedings”.
6
In section 253J(2) (enforcement: application of certain provisions relating to fines)7, before paragraph (a) insert—
za
section 121(4),
zb
section 193(3),
7
In section 307(1) (interpretation)8, in the definition of “fine”—
a
the “or” immediately following paragraph (b) is repealed,
b
after paragraph (c) insert—
or
d
a restitution order;
(This note is not part of the Order)