PART XI

Sentencing

Restitution order

Restitution order, fine and compensation order: order of preference
253C
1
Subsection (2) applies where a court considers in relation to an offence that it would be appropriate—
a
to make a restitution order,
b
to impose a fine, and
c
to make a compensation order.
2
If the person convicted of the offence (“P”) has insufficient means to pay an appropriate amount under a restitution order, to pay an appropriate fine and to pay an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.
3
Subsection (4) applies where a court considers in relation to an offence that it would be appropriate—
a
to make a restitution order, and
b
to impose a fine or make a compensation order.
4
If P has insufficient means to pay an appropriate amount under a restitution order and to pay an appropriate fine or, as the case may be, an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.
Ss. 253A-253E and cross-heading inserted (25.8.2020 for the insertion of s. 253B for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 25, 34; S.S.I. 2020/237, art. 2; S.S.I. 2020/405, art. 2(b) (with art. 3)