Explanatory Notes

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

2007 asp 6

22 February 2007


Part 3 – Penalties

Penalties as alternative to prosecution

Section 54: Time bar where offer made
New section 136B – time limits where fixed penalty offer etc. made

318.This section inserts a new section 136B into the 1995 Act. The purpose of this section is to alter the operation of time bar in statutory cases where an alternative to prosecution has been offered. It is intended that this will avoid the situation where the time spent in offering an alternative which is then declined makes it difficult or impossible to take proceedings within statutory time limits.

319.Section 136B applies to conditional offers, compensation offers and work offers. Section 136B(1) provides that in connection with conditional offers and compensation offers, for the purpose of calculation of any period of time bar, the period between the date of any offer of an alternative, and the date of refusal of the offer or date of recall of deemed acceptance, is to be disregarded.

320.In the case of work offers, section 136B(1)(c) provides that the period between the date of the offer and the last date for acceptance of the offer is to be disregarded where the offer is refused. In addition, where the offer is accepted but not completed the time between the date of the offer and the date specified for completion of the order is to be disregarded.

321.Section 136B(2) provides that a prosecutor can certify the period of time which is to be disregarded for these purposes.