What is an Enforcement Order?
An Enforcement Order (EO) gives the Fine Enforcement Officer the authority to enforce fines administratively (Criminal Proceedings etc (Reform) (Scotland) 2007 Act). This cuts the amount of court time spent dealing with fines enforcement.
The Order sets out the payment terms and explains whether the fine is to be paid by a set date or by instalments. The Enforcement Order allows the Fine Enforcement Officer to meet and agree realistic payment plans with fine payers. This should help fine payers to keep to the terms of the Enforcement Order.
When is an Enforcement Order Made?
An Enforcement Order is made when a fine is imposed or when the court is granting further time to pay a fine.
What will happen if an Enforcement Order is not made on my fine? In cases where it is not suitable to make an Enforcement Order, the court can still:
- Impose the alternative period of imprisonment or Supervised Attendance Order in default of payment;
- Allow more time to pay or change the instalment rate; or
- Consider an application by you for more time to pay/change of instalment rate.
Will I receive a copy of the Enforcement Order?
Yes, whenever the court makes an Enforcement Order, the clerk of court must tell you in writing. It does not matter if you are personally present or not when the order is made. The clerk of court does this by either sending you a copy of the Enforcement Order or handing you a copy of the Enforcement Order in court.
Can a Fine Enforcement Officer apply for an Enforcement Order to be made without me being present?
Yes, a Fine Enforcement Officer may apply to the court for an Enforcement Order, without you being present:
- If a conditional offer by the Procurator Fiscal has been treated as accepted and the alleged offender hasn't applied for a recall;
- If the alleged offender defaults in payment of a conditional offer he has accepted; or
- If a fine is transferred from England or Wales, and a collection order has already been made by the Magistrates' Court.
Who can I contact?
Click here to contact the Fines Enforcement Team