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National Objectives for Social Work Services in the Criminal Justice System: Standards - Supervised Attendance Orders
ANNEX 1 : LEGISLATION ON FINES CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 (FOR GENERAL REFERENCE, SEE CHAPTER 1, PARAGRAPHS 1.10-1.14 OF THESE STANDARDS)
aA court in determining the amount of any fine must take into consideration the means of the offender so far as they are known to the court. (section 211(7)).
bA court may at any time remit a fine in part or in whole (section 213(1)).
cA court shall allow at least 7 days for payment of a fine or the first instalment, except in specified circumstances where no time is allowed (section 214(1-2)).
dWhere a court allows time for payment of a fine or orders payment by instalment, the court may at the time it imposes the fine also impose an alternative of imprisonment in the event of future default. Where an offender defaults in these circumstances, there is no subsequent court appearance but (s)he is liable to arrest on an extract warrant and admitted direct to prison.
The court may only impose the alternative (of imprisonment) at the time the fine is imposed where (I) the offender is in court in person and (ii) the court believes it expedient to give the alternative due to the gravity of the offence(s), the character of the offender or to some other stated special reason (section 214(4)).
eWhere time has been allowed for payment of a fine, a court may allow further time to pay. The application may be made up, or on behalf of, the offender (section 214(7)).
fA court shall allow further time to pay a fine or instalments where such an application is made by the offender unless the court is satisfied the failure to pay has been wilful or there is no reasonable prospect of the offender being able to pay if further time is allowed (section 215(3)).
gWhere a court has imposed a fine and at that time has not imposed an alternative of imprisonment in the event of future default, it shall not impose imprisonment on the offender in the event of future default unless the court has subsequently "enquired into his presence the reason why the fine has not been paid" (ie. attendance at a Fines Inquiry Court).
The court may issue a citation for the offender to attend the Fines Inquiry Court or issue a warrant for apprehension to bring him to the Fines Inquiry Court. A warrant may be issued if a citation fails (section 216(1-3)).
hWhere a court has imposed a fine it may (on its own initiative or if requested by the offender) order payment by instalment of such amounts at such times as it thinks fit. The court may subsequently allow further time for the payment of any instalment(s), reduce the amount of each instalment or order longer intervals between payment.
The offender need not attend for these amendments (section 214).
iWhere a court allows time for a payment of a fine, it may either at the time the fine is imposed or subsequently order the offender to be placed under supervision "for the purpose of assisting and advising the offender in regards to payment of the fine" (ie. A Fine Supervision Order)(section 217(1)).
The court shall not order the custodial alternative in the event of default on any offender aged under 21 years unless he has first been subject to a Fine Supervision Order (unless it is impracticable to do so)(section 217(4)).
The court shall not impose imprisonment in default of payment of a fine in such cases, unless the court has obtained and considered a report on the offender's conduct and means from the officer supervising the Fine Supervision Order (i.e. A Fines Inquiry Report)(section 222).
jFines may be transferred to the court in the locality in which the offender lives, Cross-Border transfers are similarly competent (ie Transfer of Fine Order)(section 222).
kWhere a child would, if he were an adult, be liable to be imprisoned in default of payment of a fine, the court may if it considers that none of the other methods which the case may legally be dealt with are suitable order the child to be detained in a place chosen by the local authority. Such period must not exceed 1 month (section 216(7)).
lA court may (I) when imposing a fine, impose a period of imprisonment in default of payment, or, (ii) where no period of imprisonment in default of payment of a fine is made at the time the fine was imposed, impose a period of imprisonment following default in payment. In this latter case, (I) the offender must first appear in the Fines Court; (ii) the period of imprisonment may have immediate effect or may come into effect following further default (sections 214(4) , 216(1) and 219(1).
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