Office of Public Sector Information
PART 3 continued
(4) A work offer may be made in respect of more than one relevant offence and shall, in such a case, state the total amount of work requiring to be performed in respect of the offences in relation to which it is made.
(5) An alleged offender accepts a work offer by giving notice to the procurator fiscal specified in the order before the expiry of 28 days, or such longer period as may be specified in the offer, beginning on the day on which the offer is made.
(6) If (and only if) the alleged offender accepts a work offer, the procurator fiscal may make an order (referred to in this section as a work order) against the alleged offender.
(7) Notice of a work order—
(a) shall be sent to the alleged offender as soon as reasonably practicable after acceptance of the work offer; and
(b) shall contain—
(i) the information mentioned in subsection (3)(b) above; and
(ii) the name and contact details of the person who is to act as supervisor (“the supervising officer”) in relation to the alleged offender.
(8) The procurator fiscal shall notify the local authority which will be responsible for supervision of an alleged offender of the terms of any work order sent to the alleged offender.
(9) Where a work order is made, the supervising officer shall—
(a) determine the nature of the work which the alleged offender requires to perform;
(b) determine the times and places at which the alleged offender is to perform that work;
(c) give directions to the alleged offender in relation to that work;
(d) provide the procurator fiscal with such information as the procurator fiscal may require in relation to the alleged offender’s conduct in connection with the requirements of the order.
(10) In giving directions under subsection (9)(c) above, a supervising officer shall, so far as practicable, avoid—
(a) any conflict with the alleged offender’s religious beliefs;
(b) any interference with the times at which the alleged offender normally—
(i) works (or carries out voluntary work); or
(ii) attends an educational establishment.
(11) The supervising officer shall, on or as soon as practicable after the date referred to in subsection (3)(b)(ii) above, notify the procurator fiscal whether or not the work has been performed to the supervising officer’s satisfaction.
(12) Where an alleged offender completes the work specified in the work order to the satisfaction of the supervising officer, no proceedings shall be brought against the alleged offender for the offence.
(13) The Scottish Ministers may, by regulations, make provision for the purposes of subsection (9) above (including, in particular, the kinds of activity of which the work requiring to be performed may (or may not) consist).
(14) Regulations under subsection (13) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(15) For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—
(a) the address to which a work offer was sent provided it is proved that the accused received the offer; or
(b) any address given, in connection with the offer, by the accused to the procurator fiscal specified in the offer.
(16) In this section, a “relevant offence” means any offence in respect of which an alleged offender could be tried summarily.”.
After section 303ZA (inserted by section 51 of this Act) of the 1995 Act there is inserted—
(1) Where this subsection applies, the procurator fiscal may set aside—
(a) a fixed penalty offer made under section 302(1) of this Act;
(b) a compensation offer made under section 302A(1) of this Act;
(c) a work offer made under section 303ZA(1) of this Act;
(d) a work order made under section 303ZA(6) of this Act.
(2) Subsection (1) above applies where, on the basis of information which comes to the procurator fiscal’s attention after the offer or (as the case may be) order has been made, the procurator fiscal considers that the offer or (as the case may be) order should not have been made in respect of the alleged offender.
(3) The procurator fiscal may act under subsection (1)(a) to (c) above even where the offer has been accepted (including, in the case of an offer mentioned in subsection (1)(a) or (b) above, deemed to have been accepted).
(4) Where the procurator fiscal acts under subsection (1) above, the procurator fiscal shall give the alleged offender notice—
(a) of the setting aside of the offer or (as the case may be) order; and
(b) indicating that any liability of the alleged offender to conviction of the alleged offence is discharged.”.
(1) In section 69 (notice of previous convictions) of the 1995 Act, after subsection (5) there is added—
“(6) This section applies in relation to the alternative disposals mentioned in subsection (7) below as it applies in relation to previous convictions.
(7) Those alternative disposals are—
(a) a—
(i) fixed penalty under section 302(1) of this Act;
(ii) compensation offer under section 302A(1) of this Act,
that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;
(b) a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.”.
(2) In section 101 (previous convictions: solemn proceedings) of that Act, after subsection (8) there is added—
“(9) This section, except subsection (2) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.
(10) Those alternative disposals are—
(a) a—
(i) fixed penalty under section 302(1) of this Act;
(ii) compensation offer under section 302A(1) of this Act,
that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;
(b) a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.
(11) Nothing in this section or in section 69 of this Act shall prevent the prosecutor, following conviction of an accused of an offence—
(a) to which a fixed penalty offer made under section 302(1) of this Act related;
(b) to which a compensation offer made under section 302A(1) of this Act related; or
(c) to which a work offer made under section 303ZA(1) of this Act related,
providing the judge with information about the making of the offer (including the terms of the offer).”.
(3) In section 166 (previous convictions: summary proceedings) of that Act, after subsection (8) there is added—
“(9) This section, except subsection (8) above, applies in relation to the alternative disposals mentioned in subsection (10) below as it applies in relation to previous convictions.
(10) Those alternative disposals are—
(a) a—
(i) fixed penalty under section 302(1) of this Act;
(ii) compensation offer under section 302A(1) of this Act,
that has been accepted (or deemed to have been accepted) by the accused in the two years preceding the date of an offence charged;
(b) a work order under section 303ZA(6) of this Act that has been completed in the two years preceding the date of an offence charged.
(11) Nothing in this section shall prevent the prosecutor, following conviction of an accused of an offence—
(a) to which a fixed penalty offer made under section 302(1) of this Act related;
(b) to which a compensation offer made under section 302A(1) of this Act related; or
(c) to which a work offer made under section 303ZA(1) of this Act related,
providing the judge with information about the making of the offer (including the terms of the offer).”.
After section 136A of the 1995 Act (inserted by section 23 of this Act) there is inserted—
(1) For the purposes of section 136 of this Act, and any provision of any other enactment for a time limit within which proceedings are to be commenced, in calculating the period since a contravention occurred—
(a) where a fixed penalty offer is made under section 302(1) of this Act, the period between the date of the offer and—
(i) the receipt by the procurator fiscal of a notice under section 302(4) of this Act;
(ii) a recall of the fixed penalty by virtue of section 302C of this Act,
shall be disregarded;
(b) where a compensation offer is made under section 302A(1) of this Act, the period between the date of the offer and—
(i) the receipt by the procurator fiscal of a notice under section 302A(4) of this Act;
(ii) a recall of the offer by virtue of section 302C of this Act,
shall be disregarded;
(c) where a work offer is made under section 303ZA(1) of this Act, the period between the date of the offer and—
(i) if the alleged offender does not accept the offer in the manner described in section 303ZA(5) of this Act, the last date for notice of acceptance of the offer;
(ii) if the alleged offender accepts the offer as so described, but fails to complete the subsequent work order, the date specified for completion of the order,
shall be disregarded.
(2) A certificate purporting to be signed by or on behalf of the prosecutor which states a period to be disregarded by virtue of subsection (1) above is sufficient authority for the period to be disregarded.”.
After section 226 of the 1995 Act there is inserted—
(1) The Scottish Ministers may authorise persons (including classes of person) to act as fines enforcement officers for any or all of the purposes of this section and sections 226B to 226H of this Act.
(2) A FEO has the general functions of—
(a) providing information and advice to offenders as regards payment of relevant penalties;
(b) securing compliance of offenders with enforcement orders (including as varied under section 226C(1) of this Act).
(3) Where an offender is subject to two or more relevant penalties, a FEO—
(a) in exercising the function conferred by subsection (2)(b) above;
(b) in considering whether or not to vary an enforcement order under section 226C(1) of this Act,
shall have regard to that fact and to the total amount which the offender is liable to pay in respect of them.
(4) Where an enforcement order as respects an offender has been made in a sheriff court district other than that in which the offender resides, a FEO for the district in which the offender resides may (whether or not those districts are in the same sheriffdom) take responsibility for exercising functions in relation to the order.
(5) A FEO taking responsibility for exercising functions by virtue of subsection (4) above is to notify that fact to—
(a) the offender; and
(b) any FEO for the district in which the enforcement order was made.
(6) Notification under subsection (5)(b) above has the effect of transferring functions in relation to the enforcement order—
(a) from any FEO for the district in which the order was made; and
(b) to a FEO for the district in which the offender resides.
(7) The Scottish Ministers may by regulations make further provision as to FEOs and their functions.
(8) Regulations under subsection (7) above are not made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.
(1) When a court grants time to pay (or further time to pay) a relevant penalty (or an instalment of it) under section 214 or 215 of this Act, the court shall make an enforcement order under this subsection in relation to payment of the penalty.
(2) Despite subsection (1) above, a court need not make an enforcement order where it considers that it would not be appropriate to do so in the circumstances of the case.
(3) Where, by virtue of subsection (2) above, a court does not make an enforcement order under subsection (1) above, it may subsequently make an enforcement order under that subsection in relation to payment of the penalty.
(4) Where—
(a) a person has accepted (or is deemed to have accepted)—
(i) a fixed penalty offer under section 302(1) of this Act; or
(ii) a compensation offer under section 302A(1) of this Act; and
(b) payment (or payment of an instalment) has not been made as required by the offer,
the relevant court may make an enforcement order under this subsection in relation to the payment due.
(5) Where—
(a) a person is liable to pay—
(i) a fixed penalty notice given under section 54 (giving notices for fixed penalty offences), or section 62 (fixing notices to vehicles) of the Road Traffic Offenders Act 1988 (c. 53), which has been registered under section 71 of that Act; or
(ii) by virtue of section 131(5) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), a fixed penalty notice given under section 129 (fixed penalty notices) of that Act; and
(b) payment (or payment of an instalment) has not been made as required by the penalty,
the relevant court may make an enforcement order under this subsection in relation to the payment due.
(6) Where there is transferred to a court in Scotland a fine—
(a) imposed by a court in England and Wales; and
(b) in relation to which a collection order (within the meaning of Part 4 of Schedule 5 to the Courts Act 2003 (c. 39)) has been made,
the relevant court may make an enforcement order under this subsection in relation to payment of the fine.
(7) An enforcement order under subsection (4), (5) or (6) above may be made—
(a) on the oral or written application of the clerk of court; and
(b) without the offender being present.
(8) An enforcement order shall—
(a) state the amount of the relevant penalty;
(b) require payment of the relevant penalty in accordance with—
(i) such arrangements as to the amount of the instalments by which the relevant penalty should be paid and as to the intervals at which such instalments should be paid;
(ii) such other arrangements,
as the order may specify;
(c) provide contact details for the FEO dealing with the enforcement order;
(d) explain the effect of the enforcement order.
(9) Where a court makes (or is to make) an enforcement order in relation to a fine—
(a) a court may not impose imprisonment—
(i) under section 214(4) of this Act; or
(ii) under section 219(1) of this Act,
in respect of the fine;
(b) a court may not—
(i) allow further time for payment under subsection (9)(a) of section 214 of this Act; or
(ii) make an order under subsection (9)(b) of that section,
in respect of the fine;
(c) the offender may not make an application under section 215(1) of this Act in respect of the fine.
(10) Paragraphs (a) to (c) of subsection (9) above apply for so long as the enforcement order continues to have effect.
(11) An enforcement order ceases to have effect if—
(a) the relevant penalty is paid (including by application of any proceeds of enforcement action); or
(b) it is revoked under section 226G(9)(a) of this Act.
(1) A FEO dealing with an enforcement order may—
(a) on the application of the offender; and
(b) having regard to the circumstances of the offender,
vary the arrangements specified in the order for payment of the relevant penalty.
(2) That is, by—
(a) allowing the offender further time to pay the penalty (or any instalment of it);
(b) allowing the offender to pay the penalty by instalments of such lesser amounts, or at such longer intervals, as those specified in the enforcement order.
(3) An application by an offender for the purpose of subsection (1) above may be made orally or in writing.
(4) A FEO shall notify the offender concerned of any—
(a) variation under subsection (1) above;
(b) refusal of an application for variation under that subsection.
(1) A FEO may, for the purpose mentioned in subsection (2) below, direct that a motor vehicle belonging to the offender be—
(a) immobilised;
(b) impounded.
(2) The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.
(3) For the purposes of this section—
(a) a vehicle belongs to an offender if it is registered under the Vehicle Excise and Registration Act 1994 (c. 22) in the offender’s name;
(b) a reference—
(i) to a vehicle being immobilised is to its being fitted with an immobilisation device in accordance with regulations made under subsection (12) below;
(ii) to a vehicle being impounded is to its being taken to a place of custody in accordance with regulations made under that subsection;
(c) a direction under subsection (1) above is referred to as a “seizure order”.
(4) A FEO shall notify the offender concerned that a seizure order has been carried out.
(5) Where—
(a) a seizure order has been carried out; and
(b) at the end of such period as may be specified in regulations made under subsection (12) below, any part of the relevant penalty remains unpaid,
a FEO may apply to the relevant court for an order under subsection (6) below.
(6) The court may make an order under this subsection—
(a) for the sale or other disposal of the vehicle in accordance with regulations made under subsection (12) below;
(b) for any proceeds of the disposal to be applied in accordance with regulations made under that subsection in payment of or towards the unpaid amount of the relevant penalty;
(c) for any remainder of those proceeds to be applied in accordance with regulations made under that subsection in payment of or towards any reasonable expenses incurred by the FEO in relation to the seizure order;
(d) subject to paragraphs (b) and (c) above, for any balance to be given to the offender.
(7) Where, before a vehicle which is the subject of a seizure order is disposed of—
(a) a third party claims to own the vehicle; and
(b) either—
(i) a FEO is satisfied that the claim is valid (and that there are no reasonable grounds for believing that the claim is disputed by the offender or any other person from whose possession the vehicle was taken); or
(ii) the sheriff, on an application by the third party, makes an order that the sheriff is so satisfied,
the seizure order ceases to have effect.
(8) An application for the purposes of subsection (7)(b)(ii) above does not preclude any other proceedings for recovery of the vehicle.
(9) A person commits an offence if, without lawful authority or reasonable excuse, the person removes or attempts to remove—
(a) an immobilisation device fitted;
(b) a notice fixed,
to a motor vehicle in pursuance of a seizure order.
(10) A person guilty of an offence under subsection (9) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) A seizure order must not be made in respect of a vehicle—
(a) which displays a valid disabled person’s badge; or
(b) in relation to which there are reasonable grounds for believing that it is used primarily for the carriage of a disabled person.
(12) The Scottish Ministers may make regulations for the purposes of and in connection with this section.
(13) Regulations under subsection (12) above may, in particular, include provision—
(a) as to circumstances in which a seizure order may (or may not) be made;
(b) as regards the value of a vehicle seizable compared to the amount of a relevant penalty which is unpaid;
(c) by reference to subsection (3)(a) and (7) above or otherwise, for protecting the interests of owners of vehicles apart from offenders;
(d) relating to subsections (3)(b), (5)(b) and (6) above;
(e) as to the fixing of notices to vehicles to which an immobilisation device has been fitted;
(f) as to the keeping and release of vehicles immobilised or impounded (including as to conditions of release);
(g) as to the payment of reasonable fees, charges or other costs in relation to—
(i) the immobilisation or impounding of vehicles;
(ii) the keeping, release or disposal of vehicles immobilised or impounded.
(14) Regulations under subsection (12) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(15) In this section—
“disabled person’s badge” means a badge issued, or having effect as if issued, under regulations made under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44);
“immobilisation device” has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (c. 27);
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads (except that section 189 of the Road Traffic Act 1988 (c. 52) applies for the purposes of this section as it applies for the purposes of that Act).
(1) A FEO may, for the purpose mentioned in subsection (2) below, request the relevant court to make an application under regulations made under section 24(1)(a) of the Criminal Justice Act 1991 (c. 53) for deductions as described in that section.
(2) The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.
(1) When a court makes an enforcement order, it shall grant a warrant for civil diligence in the form prescribed by Act of Adjournal.
(2) A warrant granted under subsection (1) above authorises a FEO to execute the types of diligence mentioned in subsection (3) below for the purpose mentioned in subsection (4) below.
(3) The types of diligence are—
(a) arrestment of earnings; and
(b) arrestment of funds standing in accounts held at any bank or other financial institution.
(4) The purpose is of obtaining the amount of a relevant penalty which has not been paid in accordance with an enforcement order.
(5) The types of diligence mentioned in subsection (3) above may (whatever the amount of the relevant penalty concerned) be executed by an FEO in the same manner as if authorised by a warrant granted by the sheriff in a summary cause.
(6) However, the power of FEOs to execute the types of diligence mentioned in subsection (3) above is subject to such provision as the Scottish Ministers may by regulations make.
(7) Provision in regulations under subsection (6) above may, in particular—
(a) specify circumstances in which the types of diligence mentioned in subsection (3) above are (or are not) to be executed by a FEO;
(b) modify the application of any enactment (including subsection (5) above) or rule of law applying in relation to those types of diligence in so far as they may be executed by a FEO.
(8) Regulations under subsection (6) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(1) A FEO may refer an enforcement order to the relevant court where—
(a) the FEO believes that payment of a relevant penalty, or any remaining part of a relevant penalty, to which an enforcement order relates is unlikely to be obtained;
(b) for any other reason (including failure of the offender to co-operate with the FEO) the FEO considers it expedient to do so.
(2) A FEO may make a reference under subsection (1) above at any time from the day after the enforcement order is made.
(3) When making a reference under subsection (1) above, the FEO shall provide the court with a report on the circumstances of the case.
(4) A report under subsection (3) above shall include, in particular—
(a) a copy of any report from a supervising officer received by the FEO under section 217(9) of this Act; and
(b) information about—
(i) the steps taken by the enforcement officer to obtain payment of or towards the relevant penalty; and
(ii) any effort (or lack of effort) made by the offender to make payment of or towards the penalty.
Criminal Proceedings etc (Reform) (Scotland) Act 2007