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.