216 Fines: restriction on imprisonment for default
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

216  Fines: restriction on imprisonment for default

(1)     Where a court has imposed a fine or ordered the finding of caution without imposing imprisonment in default of payment, subject to subsection (2) below, it shall not impose imprisonment on an offender for failing to make payment of the fine or, as the case may be, to find caution, unless on an occasion subsequent to that sentence the court has enquired into in his presence the reason why the fine has not been paid or, as the case may be, caution has not been found.

(2)     Subsection (1) above shall not apply where the offender is in prison.

(3)     A court may, for the purpose of enabling enquiry to be made under this section—

(a)     issue a citation

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