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Fines

SENTENCING AND CRIMINAL PENALTIES IN SCOTLAND

Fines

Summary only Offences

The fine which is provided for in the statute creating the offence is not a mandatory fine, but a maximum fine. All summary-only fines should be on a five-point scale known as the standard scale, the monetary values of which the Scottish Ministers can change by Order or statute to ensure that they take account of inflation. The levels, which were last increased in 1992 by section 17 of the Criminal Justice Act 1991 are as follows:

Level 1

£200

Level 2

£500

Level 3

£l,000

Level 4

£2,500

Level 5

£5,000



Trial Summarily or on Indictment

Once it has been decided that an offence should be triable either summarily or on indictment, setting the maximum fine is a simple matter. When taken on indictment, the maximum is an unlimited fine. When taken summarily, the maximum, is the maximum available in the summary courts - the "statutory maximum" which is currently £5,000. Like the standard scale the statutory maximum can be varied by the Scottish Ministers. The statutory maximum and Level 5 are currently the same, and are likely to remain so.

Indictment only Offences

The financial penalty for such offences will be an unlimited fine.

Exceptional Summary Maxima

The sheriff court has the power to impose exceptionally high maximum fines (up to £50,000 in certain cases) for each complaint on summary conviction. These cases would be where the offence is serious enough to justify a penalty above the normal statutory maximum. The types of serious harm envisaged are: to public health, to the environment (e.g. relating to the disposal of waste) or serious public nuisance. For an exceptional summary fine to be justified the issues must be such that delay in trial could lead to risks to the public or risks of the offender absconding overseas and to provide a deterrent where large sums of money may be at stake. Approval will only be given exceptionally to these maxima. Otherwise, there would be a risk of blurring the distinction between summary trial and trial on indictment. Section 226 of the Criminal Procedure (Scotland) Act 1995 gives the Scottish Ministers the power by Order to inflation-proof existing and future exceptionally high maxima.

Page updated: Monday, August 2, 2004