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Criminal Procedure (Scotland) Act 1995

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222 Transfer of fine orders.S

(1)Where a court has imposed a fine on a person convicted of an offence and it appears to [F1the clerk of court] that he is residing—

(a)within the jurisdiction of another court in Scotland; or

(b)in any petty sessions area in England and Wales; or

(c)in any petty sessions district in Northern Ireland,

[F2that clerk] may order that payment of the fine shall be enforceable by that other court or in that petty sessions area or petty sessions district as the case may be.

[F3(1A)Where a court has imposed a fine on a person convicted of an offence, and it appears to the clerk of court that there is a fine imposed by another court (of whatever kind) in the same sheriffdom, that clerk may order that payment of the fine is to be enforceable by that other court.]

(2)An order under this section (in this section referred to as a “transfer of fine order”) shall specify the court by which or the petty sessions area or petty sessions district in which payment is to be enforceable and, where the court to be specified in a transfer of fine order is a court of summary jurisdiction, it shall, in any case where the order is made by [F4the sheriff clerk], be a sheriff court.

(3)Subject to subsections (4) and (5) below, where a transfer of fine order is made with respect to any fine under this section, any functions under any enactment relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable.

(4)Where [F5, in relation to a transfer of fine order made under subsection (1)(a) above]

(a)the [F6clerk of the court specified in the order] is satisfied, after inquiry, that the offender is not residing within the jurisdiction of that court; and

(b)the clerk of that court, within 14 days of receiving the notice required by section 223(1) of this Act, sends to the clerk of the court which made the order notice to that effect,

the order shall cease to have effect.

(5)Where a transfer of fine order ceases to have effect by virtue of subsection (4) above, the functions referred to in subsection (3) above shall again be exercisable by the court which made the order or, as the case may be, by the clerk of that court.

(6)Where a transfer of fine order under this section, section 90 of the M1Magistrates’ Courts Act 1980 or Article 95 of the M2Magistrates’ Courts (Northern Ireland) Order 1981 specifies a court of summary jurisdiction in Scotland, that court and the clerk of that court shall have all the like functions under this Part of this Act in respect of the fine or the sum in respect of which that order was made (including the power to make any further order under this section) as if the fine or the sum were a fine imposed by that court and as if any order made under this section, the said Act of 1980 or the said Order of 1981 in respect of the fine or the sum before the making of the transfer of fine order had been made by that court.

(7)The functions of the court to which subsection (6) above relates shall be deemed to include the court’s power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the M3Criminal Justice Act 1991 (power to deduct fines etc from income support).

(8)Where a transfer of fine order under section 90 of the Magistrates’ Courts Act 1980, Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981, or this section provides for the enforcement by a sheriff court in Scotland of a fine imposed by the Crown Court, the term of imprisonment which may be imposed under this Part of this Act shall be the term fixed in pursuance of [F7section 139 of the Powers of Criminal Courts (Sentencing) Act 2000] by the Crown Court or a term which bears the same proportion to the term so fixed as the amount of the fine remaining due bears to the amount of the fine imposed by that court, notwithstanding that the term exceeds the period applicable to the case under section 219 of this Act.

Textual Amendments

F3S. 222(1A) inserted (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. 20(3)(b); 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

Modifications etc. (not altering text)

C1S. 222 applied (with modifications) (1.4.1996) by 1995 c. 43, ss. 14(2)(i), 50(2)

S. 222 applied (with modifications) (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 118(1)(2)(i), 458; S.S.I. 2003/210, art. 2 (with transitional provisions in arts. 3-7)

C3S. 222(8) modified by 2002 c. 29, s. 118(2C)(2D) (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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