PART 3 continued
(5) Where a reference is made under subsection (1) above, the relevant court shall enquire of the offender as to the reason why the relevant penalty (or an instalment of it) has not been paid.
(6) Subsection (5) above does not apply where the offender is in prison.
(7) Subsections (3) to (7) of section 216 of this Act apply in relation to subsection (5) above as they apply in relation to subsection (1) of that section.
(8) After the court has considered—
(a) the report provided by the FEO under subsection (3) above; and
(b) any information obtained by enquiry under subsection (5) above,
the court may dispose of the case as mentioned in subsection (9) below.
(9) That is, the court may—
(a) revoke the enforcement order and deal with the offender as if the enforcement order had never been made;
(b) vary the enforcement order;
(c) confirm the enforcement order as previously made;
(d) direct the FEO to take specified steps to secure payment of or towards the relevant penalty in accordance with the enforcement order (including as varied under paragraph (b) above);
(e) make such other order as it thinks fit.
(1) The offender may apply to the relevant court for review—
(a) in relation to an enforcement order—
(i) of any variation under section 226C(1) of this Act;
(ii) of any refusal of an application for variation under that section;
(b) of the making of a seizure order under section 226D(1) of this Act.
(2) An application under subsection (1) above requires to be made within 7 days of notification under section 226C(4) of this Act or (as the case may be) section 226D(4) of this Act.
(3) On an application under subsection (1) above, the relevant court may—
(a) confirm, vary or quash the decision of the FEO;
(b) make such other order as it thinks fit.
(1) In this section and sections 226A to 226H of this Act—
“enforcement order” is to be construed in accordance with section 226B(1) and (4) to (6) of this Act;
“FEO” means a fines enforcement officer;
“offender” means the person who is liable to pay a relevant penalty;
“relevant court”—
in the case of a fine or compensation order, means—
the court which imposed the penalty; or
where the penalty is transferred to another court, that other court;
in the case of another relevant penalty (apart from a penalty specified by order for the purposes of this section), means—
the court whose clerk is specified in the notice to the offender; or
where the penalty is transferred to another court, that other court;
in the case of a penalty specified by order for the purposes of this section, means—
the court whose clerk is specified in the notice to the offender;
where the penalty is transferred to another court, that other court; or
such other court as the order may specify for those purposes;
“relevant penalty” means—
a fine;
a compensation order imposed under section 249 of this Act;
a fixed penalty offer made under section 302(1) of this Act;
a compensation offer made under section 302A(1) of this Act;
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);
a fixed penalty notice given under section 129 (fixed penalty notices) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8);
such other penalty as the Scottish Ministers may by order specify for the purposes of this section.
(2) An order specifying a penalty or a court for the purpose of this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.”.
(1) The Scottish Ministers may by order make provision for the purposes of and in connection with implementing any obligations of the United Kingdom created by or arising under the Framework Decision (so far as they have effect in or as regards Scotland).
(2) The provision may, in particular, confer functions—
(a) on the Scottish Ministers,
(b) on other persons.
(3) The provision—
(a) must relate to fines and other financial penalties imposed by a court on conviction of an offence,
(b) may relate to financial penalties which are—
(i) accrued otherwise than on conviction of an offence, and
(ii) on default, enforced in the same manner as fines imposed by a court.
(4) The provision may not relate to—
(a) orders for the confiscation of instrumentalities or proceeds of crime,
(b) orders of a civil nature which—
(i) arise out of a claim for damages and restitution, and
(ii) are enforceable in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 (as amended) on jurisdiction and the recognition of judgements in civil and commercial matters.
(5) Expressions used in subsections (3) and (4) and in the Framework Decision are to be construed in accordance with that Decision.
(6) In this section, “the Framework Decision” is Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.
(1) In section 232 (probation orders: failure to comply with requirement) of the 1995 Act—
(a) in subsection (1), for the words “information from” there is substituted “the basis of a report made to it by”,
(b) after subsection (1) there is inserted—
“(1A) A copy of a report made under subsection (1) above shall be served on the probationer in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy.”.
(2) In section 239 (community service orders: requirements) of that Act—
(a) in subsection (4), for the words “information from” there is substituted “the basis of a report made to it by”,
(b) after subsection (4) there is inserted—
“(4ZA) A copy of a report made under subsection (4) above shall be served on the offender in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy, together with, where appropriate, a receipt issued by the postal operator shall be sufficient evidence of service of the copy.”.
In section 245F (breach of restriction of liberty order) of the 1995 Act, after subsection (2) there is inserted—
“(2A) For the purposes of subsection (2) above, evidence of one witness shall be sufficient evidence.”.