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Criminal Procedure (Scotland) Act 1995

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219 Fines: periods of imprisonment for non-payment.S

(1)Subject to sections 214 to 218 of this Act [F1and subsection (1A) below]

(a)a court may, when imposing a fine, impose a period of imprisonment in default of payment; or

(b)where no order has been made under paragraph (a) above and a person fails to pay a fine, or any part or instalment of a fine, by the time ordered by the court (or, where section 214(2) of this Act applies, immediately) the court may, subject to section 235(1) of this Act, impose a period of imprisonment for such failure either with immediate effect or to take effect in the event of the person failing to pay the fine or any part or instalment of it by such further time as the court may order,

whether or not the fine is imposed under an enactment which makes provision for its enforcement or recovery.

[F2(1A)Subsection (1) shall not apply to a fine imposed for an offence under section 107 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).]

(2)Subject to the following subsections of this section, the maximum period of imprisonment which may be imposed under subsection (1) above or for failure to find caution, shall be as follows—

Amount of Fine or CautionMaximum Period of Imprisonment
Not exceeding £200....................7 days
Exceeding £200 but not exceeding £500....................14 days
Exceeding £500 but not exceeding £1,000....................28 days
Exceeding £1,000 but not exceeding £2,500....................45 days
Exceeding £2,500 but not exceeding £5,000....................3 months
Exceeding £5,000 but not exceeding £10,000....................6 months
Exceeding £10,000 but not exceeding £20,000....................12 months
Exceeding £20,000 but not exceeding £50,000....................18 months
Exceeding £50,000 but not exceeding £100,000....................2 years
Exceeding £100,000 but not exceeding £250,000....................3 years
Exceeding £250,000 but not exceeding £1 Million....................5 years
Exceeding £1 Million....................10 years

(3)Where an offender is fined on the same day before the same court for offences charged in the same indictment or complaint or in separate indictments or complaints, the amount of the fine shall, for the purposes of this section, be taken to be the total of the fines imposed.

(4)Where a court has imposed a period of imprisonment in default of payment of a fine, and—

(a)an instalment of the fine is not paid at the time ordered; or

(b)part only of the fine has been paid within the time allowed for payment,

the offender shall be liable to imprisonment for a period which bears to the period so imposed the same proportion, as nearly as may be, as the amount outstanding at the time when warrant is issued for imprisonment of the offender in default bears to the original fine.

(5)Where no period of imprisonment in default of payment of a fine has been imposed and—

(a)an instalment of the fine is not paid at the time ordered; or

(b)part only of the fine has been paid within the time allowed for payment,

the offender shall be liable to imprisonment for a maximum period which bears, as nearly as may be, the same proportion to the maximum period of imprisonment which could have been imposed by virtue of the Table in subsection (2) above in default of payment of the original fine as the amount outstanding at the time when he appears before the court bears to the original fine.

(6)If in any sentence or extract sentence the period of imprisonment inserted in default of payment of a fine or on failure to find caution is in excess of that competent under this Part of this Act, such period of imprisonment shall be reduced to the maximum period under this Part of this Act applicable to such default or failure, and the judge who pronounced the sentence shall have power to order the sentence or extract to be corrected accordingly.

(7)The provisions of this section shall be without prejudice to the operation of section 220 of this Act.

(8)Where in any case—

(a)the sheriff considers that the imposition of imprisonment for the number of years for the time being specified in section 3(3) of this Act would be inadequate; and

(b)the maximum period of imprisonment which may be imposed under subsection (1) above (or under that subsection as read with either or both of sections 252(2) of this Act and section [F3118(2) [F4, (2A) and (2B)] of the Proceeds of Crime Act 2002] exceeds that number of years,

he shall remit the case to the High Court for sentence.

Textual Amendments

F3Words in s. 219(8)(b) substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458, Sch. 11 para. 29(4); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

F4Words in s. 219(8)(b) inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(3), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3)

Modifications etc. (not altering text)

C1S. 219 applied (with modifications) (1.4.1996) by 1995 c. 43, ss. 14(2)(f), 50(2)

S. 219 applied (with modifications) (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 118(1)(2)(f)(5), 458; S.S.I. 2003/210, art. 2 (subject to arts. 3-7)

C2S. 219(2)(2A): power to amend conferred by 2002 c. 29, s. 118(2B)(a)(b) (as inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(1)(b), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3))

C3S. 219(2) modified by 2002 c. 29, s. 118(2A) (as inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(1)(b), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3))

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