Criminal Procedure (Scotland) Act 1975

[F1 412B F2 Supervised attendance orders where court allows further time to pay fine. S

(1) Where a court, on an application to it under section 397(1) of this Act, allows a person further time for payment of a fine or instalments thereof it may, in addition, subject to paragraph 1 of Schedule 6 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (“the 1990 Act”), impose a supervised attendance order in default of payment of the fine or any instalment of it on the due date.

(2) A supervised attendance order made under subsection (1) above —

(a) shall, if the person fails to pay the fine or any instalment of it on the due date, come into force on the day after the due date; and

(b) shall, for the purposes of Schedule 6 to the 1990 Act, be deemed to be made on the date when it comes into force.

(3) Where, before the coming into force of a supervised attendance order under subsection (1) above, the person pays part of the fine, the period specified in the order shall be reduced by the proportion which the part of the fine paid bears to the whole fine, the resulting figure being rounded up or down to the nearest 10 hours; but this subsection shall not operate to reduce the period to less than 10 hours.

(4) In this section “supervised attendance order” means an order made in accordance with section 62(2), (5) and (6) of the 1990 Act.]

Textual Amendments

F1 Ss.412A, 412B inserted (26.9.1995 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, 35(11); S.I. 1995/2295, arts. 3(2), Sch. (with art. 4)

F2 Ss. 412A, 412B inserted (26.9.1995 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 35(11); S.I. 1995/2295, arts. 3(2), 4, Sch.