PART IIIFixed Penalties

Fixed penalty offences and fixed penalty notices

40Court procedure in fixed penalty cases in Scotland

(1)

Where, in relation to an offence committed in Scotland, a person is given a fixed penalty notice under section 27(1) of this Act in respect of an offence he may be given written notification specifying the court at which and the date on which the case will first call if that person gives notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice; and such written notification may be either—

(a)

included in the fixed penalty notice ; or

(b)

given to the person in question at the time when he is given the fixed penalty notice.

(2)

Where—

(a)

a person has been notified in accordance with this section of the court and date of first calling of a case concerning an offence in respect of which he has been given a fixed penalty notice ; and

(b)

that person has given notice requesting a hearing in respect of the offence as permitted by the fixed penalty notice;

the following provisions of this section shall apply for the purpose of any proceedings in respect of the offence.

(3)

The notification of the court and date of first calling shall have effect as if it were a citation to an accused person by virtue of section 315 of the M1Criminal Procedure (Scotland) Act 1975 notwithstanding that such notification may not be in the form referred to in subsection (2) of that section.

(4)

A copy of the fixed penalty notice given under section 27(1) of this Act shall have effect as if it were a complaint under Part II of the said Act of 1975, and the provisions of that Part of that Act shall accordingly apply—

(a)

to the copy fixed penalty notice as if it were a complaint ; and

(b)

to the fixed penalty notice as if it were a copy complaint served on the accused under that Part of that Act.

(5)

For the purposes of subsection (4) above—

(a)

it shall not be necessary for the fixed penalty notice to be signed by the prosecutor or by a solicitor on behalf of a prosecutor other than the public prosecutor of a court;

(b)

a copy fixed penalty notice having effect as if it were a complaint shall not be held to be irrelevant by reason only—

(i)

that the charge in the fixed penalty notice is not in the form referred to in section 312 of the said Act of 1975; or

(ii)

that no further specification is given than the specification required for a fixed penalty notice by section 29 (6) (a) of this Act;

and without prejudice to the generality of subsection (4) above, paragraphs (a) to (z) of the said section 312 shall apply in respect of the charge referred to in sub-paragraph (i) above; and

(c)

section 311(5) of the said Act of 1975 shall not apply in respect of a copy fixed penalty notice having effect as if it were a complaint, but there shall be given to the alleged offender along with the fixed penalty notice a notice stating the penalties to which he would be liable in the event of his conviction for the offence.