Criminal Procedure (Scotland) Act 1938
| Jurisdiction | UK Non-devolved |
| Citation | 1938 c. 48 |
Criminal Procedure (Scotland) Act, 1938
(1 & 2 Geo. 6.) CHAPTER 48.
An Act to amend the law of Scotland relating to criminal procedure and to the crime of incest, and to the duties of procurators fiscal in relation to fatal accident inquiries.
[29th July 1938]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Payment of fines by instalments.
(1) Where a court of summary jurisdiction imposes a fine on a person convicted of an offence, the court may, either at the same or at any subsequent time, order payment of the fine by instalments of such amounts, and at such times, as it may think fit, and where any instalment is not paid by the time so ordered, the accused shall be liable to imprisonment for such period as bears to the period appropriate to the total amount of the fine the same proportion, as nearly as may be, as the sum of the unpaid instalments bears to that amount. In this subsection the expression ‘period appropriate to the total amount of the fine’ means the period specified by the court in default of payment of the fine, or, if no such period is specified, the maximum period applicable to a fine of that amount in pursuance of section forty-eight of the Summary Jurisdiction (Scotland) Act, 1908 .
(2) In the application of the Fine or Imprisonment (Scotland and Ireland) Act, 1899 , to any person imprisoned in default of payment of any instalment of a fine, the sum of the unpaid instalments shall be deemed to be the sum adjudged to be paid.
2 Transfer of jurisdiction as to person fined.
(1) Where a court of summary jurisdiction has imposed a fine on a person convicted of an offence and it appears to the court that he is resident in a place outside the jurisdiction of the court and within the jurisdiction of some other court of summary jurisdiction, the first-mentioned court may, if it appears in the circumstances expedient to do so, make with respect to such fine an order for the purposes of this section. An order made for the purposes of this section shall be termed a ‘transfer of fine order,’ shall specify the court within whose jurisdiction the accused is resident, and shall be in such form as may be prescribed by Act of Adjournal. No such order shall be made except on the application of the person on whom the fine was imposed, and any such application may be made either in open court by that person or by a solicitor or a person, not being a solicitor, who satisfies the court as to his authority to do so, or in writing addressed to the clerk of the court.
(2) As from the date on which a transfer of fine order is made with respect to any fine, all functions in relation thereto which, if the order had not been made, would have been exercisable under any enactment (including this Act) by the court which imposed the fine or by the clerk of such court shall be exercisable by the court specified in the order or by the clerk thereof, as the case may be, and not otherwise:
Provided that any payment received by virtue of a transfer of fine order by the clerk of the court specified therein shall be forthwith transmitted by him to the clerk of the court which imposed the fine.
(3) Where it appears to the court specified in a transfer of fine order that the person on whom the fine was imposed is residing in a place outside the jurisdiction of such court and within the jurisdiction of some other court of summary jurisdiction, the court so specified may make a further transfer of fine order with respect to such fine and shall cause a copy thereof to be sent to the clerk of the court which imposed the fine.
(4) The court to be specified in a transfer of fine order shall, in any case where the fine was imposed by the sheriff court, be a sheriff court.
3 Amendment of 4 & 5 Geo. 5. c. 58, s. 42 \(2).
3. Section forty-two of the Criminal Justice Administration Act, 1914, shall have effect as if the words ‘within its jurisdiction’ in paragraph (a ) of the provisions directed by paragraph (2) of the said section to be substituted for section one of the Act, were omitted.
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