§ Mr. Buchananasked the Secretary of State for Scotland whether he is aware of the hardship which often poor persons are faced with in payment of fines for small offences; and if it is his intention to introduce a measure for Scotland similar to the Money Payments (Justices Procedure) Act, 1935, which applies to England, and, if so, when?
§ Mr. ElliotUnder the existing law, a Summary Court is required in fixing fines to take into consideration the means of offenders so far as the means appear or are known to the court, and the court has power, at any time before imprisonment follows on a sentence, to reduce a fine if it comes to the knowledge of the court that the fine is too high having regard to the ability of the offender to pay. Since October last the courts have also had power to deal with applications for further time for the payment of fines irrespective of whether the time originally allowed has expired or not, and have been required, in dealing with such applications, to allow further time unless satisfied that the failure to pay has been wilful or that the offender has no reasonable prospect of being able to pay if further time is allowed. Further legislative provision on the enforcement of fines in Scotland is under consideration but I am not in a position to say more.