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Criminal Procedure (Scotland) Act 1995

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[F1225 Penalties: standard scale, prescribed sum and uprating.S
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Amendments (Textual)

F1Ss. 223A-223T and cross-headings 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. 3 (with art. 2)

(1)There shall be a standard scale of fines for offences triable only summarily, which shall be known as “the standard scale”.

(2)The standard scale is shown below—

Level on the scaleAmount of Fine
1£ 200
2£ 500
3£1,000
4£2,500
5£5,000

(3)Any reference in any enactment, whenever passed or made, to a specified level on the standard scale shall be construed as referring to the amount which corresponds to that level on the standard scale referred to in subsection (2) above.

(4)If it appears to the Secretary of State that there has been a change in the value of money since the relevant date, he may by order substitute for the sum or sums for the time being specified in the provisions mentioned in subsection (5) below such other sum or sums as appear to him justified by the change.

(5)The provisions referred to in subsection (4) above are—

(a)subsection (2) above;

(b)subsection (8) below;

(c)section 219(2) of this Act;

(d)column 5 or 6 of Schedule 4 to the M1Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the M2Criminal Justice and Public Order Act 1994.

(6)In subsection (4) above “the relevant date” means—

(a)in relation to the first order made under that subsection, the date the last order was made under section 289D(1) of the M3Criminal Procedure (Scotland) Act 1975; and

(b)in relation to each subsequent order, the date of the previous order.

(7)An order under subsection (4) above—

(a)shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and

(b)without prejudice to Schedule 14 to the M4Criminal Law Act 1977, shall not affect the punishment for an offence committed before that order comes into force.

(8)In this Act “the prescribed sum” means [F2£10,000]F2 or such sum as is for the time being substituted in this definition by an order in force under subsection (4) above.]

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Amendments (Textual)

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