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Coronavirus (Recovery and Reform) (Scotland) Act 2022

Part 2: Fiscal fines

248.Paragraph 13(2) makes similar provision to the temporary modifications to the Criminal Procedure (Scotland) Act 1995 and the Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008 (S.S.I. 2008/108) made by paragraph 7 of schedule 4 of the Coronavirus (Scotland) Act 2020. It provides that the maximum available fixed penalty that may be offered by the procurator fiscal under section 302 of the 1995 Act is £500. Prior to the temporary modifications made by the Coronavirus (Scotland) Act 2020, the maximum penalty was £300.

249.Paragraph 14(2) substitutes the scale of fixed penalties in S.S.I. 2008/108 with a new scale. This scale is different to the scale that operated by virtue of the Coronavirus (Scotland) Act 2020. The main difference is that although the maximum penalty is the same there are now 9 levels instead of 7. The amounts in levels 1 to 7 are identical to the scale that operated prior to the temporary modifications made by the Coronavirus (Scotland) Act 2020 (i.e. £50 to £300). The 2 additional levels provide for the amounts of £400 and £500.

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