PART XIII

Miscellaneous

Fixed penalties

Recall of fixed penalty or compensation offer
302C
1
Where an alleged offender is deemed to have accepted—
a
a fixed penalty offer by virtue of section 302(2)(ca)(ii) of this Act; or
b
a compensation offer by virtue of section 302A(2)(d)(ii) of this Act,
the alleged offender may request that it be recalled.
2
A request for recall under subsection (1) above is valid only if—
a
the alleged offender claims that he—
i
did not receive the offer concerned; and
ii
would (if he had received it) have refused the offer; or
b
the alleged offender claims that—
i
although he received the offer concerned, it was not practicable by reason of exceptional circumstances for him to give notice of refusal of the offer; and
ii
he would (but for those circumstances) have refused the offer.
3
A request for recall of a fixed penalty offer or a compensation offer requires to be made—
a
to the clerk of court referred to in the offer; and
b
no later than 7 days after the expiry of the period specified in the offer for payment of the fixed penalty or compensation offer or, where a notice is sent in pursuance of section 303(1A)(a) of this Act, no later than 7 days after it is sent.
4
The clerk of court may, on cause shown by reference to subsection (2) above, consider a request for recall of such an offer despite its being made outwith the time limit applying by virtue of subsection (3)(b) above.
5
The clerk of court may, following receipt of such a request—
a
uphold the fixed penalty offer or compensation offer; or
b
recall it.
6
The alleged offender may, within 7 days of a decision under subsection (5)(a) above, apply to the court specified in the offer for a review of the decision (including as it involves a question which arose by reference to subsections (2) to (4) above).
7
In a review under subsection (6) above, the court may—
a
confirm or quash the decision of the clerk;
b
in either case, give such direction to the clerk as the court considers appropriate.
8
The decision of the court in a review under subsection (6) above shall be final.
9
The clerk of court shall, without delay, notify the procurator fiscal of—
a
a request for recall under subsection (1) above;
b
an application for review under subsection (6) above;
c
any decision under subsection (5) or (7) above.
10
For the purposes of this section, a certificate given by the procurator fiscal as to the date on which a fixed penalty offer or compensation order was sent shall be sufficient evidence of that fact.
Ss. 302A-302C inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 50(2), 84; S.S.I. 2008/42, art. 3, Sch.