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Criminal Procedure (Scotland) Act 1995, Section 218 is up to date with all changes known to be in force on or before 23 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where under the provisions of section 214 or 217 of this Act a court is required to state a special reason for its decision or the grounds on which it is satisfied that it is undesirable or impracticable to place an offender under supervision, the reason or, as the case may be, the grounds shall be entered in the record of the proceedings along with the finding and sentence.
(2)Any reference in the said sections 214 and 217 to imprisonment shall be construed, in the case of an offender on whom by reason of his age imprisonment may not lawfully be imposed, as a reference to the lawful form of detention in default of payment of a fine appropriate to that person, and any reference to prison shall be construed accordingly.
(3)Where a warrant has been issued for the apprehension of an offender for non-payment of a fine, the offender may, notwithstanding section 211(6) of this Act, pay such fine in full to a constable; and the warrant shall not then be enforced and the constable shall remit the fine to the clerk of court.
Modifications etc. (not altering text)
C1S. 218(2)(3) applied (with modifications) (1.4.1996) by 1995 c. 43, ss. 14(2)(e), 50(2)
S. 218(2)(3) applied (24.3.2006) by Proceeds of Crime Act 2002 (c. 29), ss. 118(1)(2)(e), 458; S.S.I. 2003/210, art. 2 (with transitional provisions in arts. 3-7)
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