302 Fixed penalty: conditional offer by procurator fiscal
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Fixed penalties

302  Fixed penalty: conditional offer by procurator fiscal

(1)     Where a procurator fiscal receives a report that a relevant offence has been committed he may send to the alleged offender a notice under this section (referred to in this section as a conditional offer); and where he issues a conditional offer the procurator fiscal shall notify the clerk of court specified in it of the issue of the conditional offer and of its terms.

(2)     A conditional offer—

(a)     shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

(b)     shall state—

(i)     the amount of the appropriate fixed penalty for that offence;

[(ii)     if the penalty is to be payable by instalments, the amount of the instalments and the intervals at which they should be paid;] . . .

(iii)     . . .

(c)     shall indicate that if, within 28 days of the date on which the conditional offer was issued, or such longer period as may be specified in the conditional offer, the alleged offender accepts the offer by making payment [in respect of the fixed penalty] to the clerk of court

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