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Criminal Procedure (Scotland) Act 1995

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211 Fines.S

(1)Where an accused who is convicted on indictment of any offence (whether triable only on indictment or triable either on indictment or summarily other than by virtue of section 292(6) of this Act) would apart from this subsection be liable to a fine of or not exceeding a specified amount, he shall by virtue of this subsection be liable to a fine of any amount.

(2)Where any Act confers a power by subordinate instrument to make a person liable on conviction on indictment of any offence mentioned in subsection (1) above to a fine or a maximum fine of a specified amount, or which shall not exceed a specified amount, the fine which may be imposed in the exercise of that power shall by virtue of this subsection be a fine of an unlimited amount.

(3)Any sentence or decree for any fine or expenses pronounced by a sheriff court or [F1JP court] may be enforced against the person or effects of any party against whom the sentence or decree was awarded—

(a)in the district where the sentence or decree was pronounced; or

(b)in any other such district.

(4)A fine imposed by the High Court shall be remitted for enforcement to, and shall be enforceable as if it had been imposed by—

(a)where the person upon whom the fine was imposed resides in Scotland, the sheriff for the district where that person resides; and

(b)where that person resides outwith Scotland, the sheriff before whom he was brought for examination in relation to the offence for which the fine was imposed.

(5)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F3Except where the provisions of section 223R(2) apply,] all fines and expenses imposed in F4. . . proceedings under this Act shall be paid to the [F5clerk of any court, or to any other person (or class of person) authorised by the Scottish Ministers for the purpose,] to be accounted for F6. . . to the person entitled to such fines and expenses, and it shall not be necessary to specify in any sentence the person entitled to payment of such fines or expenses unless it is necessary to provide for the division of the penalty.

(7)A court in determining the amount of any fine to be imposed on an offender shall take into consideration, amongst other things, the means of the offender so far as known to the court.

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Amendments (Textual)

F1Words in s. 211(3) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 26(j); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

F3Words in s. 211(6) inserted (12.10.2009) by The Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) Order 2009 (S.S.I. 2009/342), art. 7 (with art. 2)

F5Words in s. 211(6) substituted (10.3.2008 for certain purposes and otherwise prosp.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 20(1)(b)(ii); S.S.I. 2008/42, art. 3, Sch.

Modifications etc. (not altering text)

C1S. 211(3)-(6) applied (1.4.1996) by 1995 c. 43, ss. 14(1), 34, 50(2), Sch. 1 para. 4(4)

S. 211(3)-(6) applied (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 118(1)(2)(a), 458; S.S.I. 2003/210, art. 2 (subject to transitional provisions in arts. 3-7)

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