Criminal Justice (Scotland) Act 1995 (c. 20)

(The document as of February, 2008)

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(a) to have intimation sent to a solicitor that his professional assistance is required by such a person and informing him--

(i) of the place where the person is being detained;

(ii) whether the person is to be liberated; and

(iii) if the person is not to be liberated, the date on which he is to be taken to court and the court to which he is to be taken;

(b) to be told what rights there are under paragraph (a) above and subsections (2) and (3) below.

(2) Such solicitor shall be entitled to have a private interview with the person accused before he is examined on declaration, and to be present at such examination.

(3) It shall be in the power of the sheriff or justice to delay such examination for a period not exceeding 48 hours from and after the time of such person's arrest, in order to allow time for the attendance of such solicitor. " .

107 In section 309(1) (forms of procedure in summary proceedings), the words "Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect.

108 In section 310 (incidental applications)--

(a) the words "Part I of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect; and

(b) after the word "open" there shall be inserted "shut and".

109 In section 311 (complaint)--

(a) in subsection (1), the words from "in" where it first occurs to the end shall cease to have effect; and

(b) subsections (4) and (5) shall cease to have effect.

110 In section 312 (form of charge in complaint)--

(a) in paragraph (f), at the end there shall be inserted the words "provided also that nothing in the foregoing provisions of this paragraph or in any rule of law shall prohibit the amendment of a complaint to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused;"; and

(b) in paragraph (j), for the words from "all" to the end there shall be substituted "cheques, banknotes, postal orders, money orders and foreign currency;".

111 In section 314 (orders of court on complaint)--

(a) in subsection (1)(d), the words "or interim order" shall cease to have effect; and

(b) after subsection (4) there shall be inserted the following subsection--

" (4A) Where all the parties join in an application under subsection (4) above, the court may proceed under that subsection without hearing the parties. " .

112 In section 315(2) (citation), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect.

113 In section 316(3) (manner of citation of accused)--

(a) after the word "accused" in the first place where it occurs there shall be inserted "or a witness";

(b) after the words "prosecutor and" there shall be inserted--

" (a) in the case of the accused, " ;

(b) in the case of a witness, sent by ordinary post, " ; and

(d) after the word "accused" in the second place where it occurs there shall be inserted "or witness".

114 In section 318(2) (citation of offender), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 and the corresponding forms contained in" shall cease to have effect.

115 In section 319(1) (citation by post), the words "other than a witness" shall cease to have effect.

116 In section 320 (apprehension of witness), after the word "may" where it first occurs there shall be inserted ", if it is satisfied that he received the citation or that its contents came to his knowledge,".

117 In section 321 (warrants of apprehension and search)--

(a) in subsection (1), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect;

(b) in subsection (3), the words "either by way of trial or by way of remit to another court" shall cease to have effect;

" (a) the date fixed for the hearing of the case; or

(b) the date when security to the amount fixed under subsection (6) below is found,

whichever is the earlier. " ; and

(d) after subsection (5), there shall be inserted the following subsection--

" (6) A witness apprehended under a warrant under section 320 of this Act shall, wherever practicable, be brought immediately by the officer of law who executed that warrant before a justice, who shall fix such sum as he considers appropriate as security for the appearance of the witness at all diets. " .

118 In section 335(1) (amendment of complaint), the words "penalty or" shall cease to have effect.

119 Section 336 (record of plea of guilty) shall cease to have effect.

120 In section 338(1) (failure of accused to appear), after the word "cited" where it first occurs there shall be inserted "(other than a diet which, by virtue of section 337A(3) of this Act, he is not required to attend)".

121 In section 339 (alibi), for the words "prior to the examination of the first witness for the prosecution" there shall be substituted "at any time before the first witness is sworn".

122 In section 344(1) (punishment of witness for contempt), the words "or to produce documents in his possession when required by the court," shall cease to have effect.

123 Section 345 (administration of oath to same witness in case at same diet) shall cease to have effect.

124 For section 347 (evidence of the accused) there shall be substituted the following section--

" 347 Evidence of the accused

Where, in any trial, the accused is to be called as a witness he shall be so called as the first witness for the defence unless the court, on cause shown, otherwise directs. " .

125 In section 352(2) (application to have all or part of record of proceedings at judicial examination not admitted as evidence)--

(a) after the words "competent for" there shall be inserted "the prosecutor or"; and

(b) for the words "the defence and for the prosecutor" there shall be substituted "either party".

126 In section 354(1) (admissions and agreements as to evidence in summary proceedings), the proviso shall cease to have effect.

127 In section 357 (proof of convictions)--

(a) in subsection (1)(a), the words "Form No. 2 or 3 of Part III of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or of" shall cease to have effect;

(b) in subsection (2)--

(i) for the words "An official" there shall be substituted "A prison officer"; and

(ii) for the word "official" in the second place where it occurs there shall be substituted "prison officer"; and

128 In section 359 (record of summary proceedings), after the words "than the complaint" there shall be inserted ", or a copy of the complaint certified as true by a procurator fiscal".

129 Section 360 (proceedings written or printed) shall cease to have effect.

130 In section 360A (interruption of summary proceedings for verdict in earlier trial)--

(a) in subsection (1)(b), the words from "as" to the end of the paragraph; and

(b) subsection (2),

shall cease to have effect.

131 In section 366 (procedure where sheriff sits summarily in respect of offence by child)--

(a) in subsection (1)(c), for the words "newspapers or news agencies" there shall be substituted "news gathering or reporting organisations present for the purpose of contemporaneous reports of the proceedings"; and

(b) subsection (2) shall cease to have effect.

132 In section 375(3) (insanity in bar of trial), for the word "called" there shall be substituted "sworn".

133 In section 376 (power of court to order hospital admission or guardianship)--

(a) subsection (2) shall cease to have effect; and

(b) in subsection (3), for the words "as aforesaid" there shall be substituted "summarily in the sheriff court with an act or omission constituting an offence".

134 In section 377 (requirements as to medical evidence)--

(a) in subsection (1), after the word "sections" there shall be inserted "375(2),";

(b) in subsection (2), for the word "section" in the first place where it occurs there shall be substituted "sections 375(2) and"; and

(c) in subsection (4), after the word "hospital" there shall be inserted "or, as respects a report for the purposes of section 375(2), remanded in custody".

135 In section 379(3) (restriction orders), for the words "section 62(1)" there shall be substituted "section 60(3)".

136 In section 392 (effects of probation and absolute discharge on right to appeal)--

(a) in subsection (4), the words "placed on probation or" shall cease to have effect; and

(b) in subsection (5), the words "placed on probation or" and "probation order or" shall cease to have effect.

137 In section 396(7) (time for payment of fine), the words ", subject to any rules under this Part of this Act" shall cease to have effect.

138 In section 398(1) (restriction on imprisonment after fine or caution)--

(a) after the word "fine" in the second place where it occurs there shall be inserted "or, as the case may be, to find caution"; and

(b) after the word "paid" there shall be inserted "or, as the case may be, caution has not been found".

139 In section 406 (substitution of custody for imprisonment where a child defaults on fine), the words "damages or expenses," shall cease to have effect.

140 In section 408 (discharge from imprisonment to be specified), for the words "for payment of a fine or for finding of" there shall be substituted "in default of payment of a fine or on failure to find".

141 In section 413(1) (detention of children in residential care)--

(a) after the word "authority" in the first place where it occurs there shall be inserted "for such period not exceeding one year as may be specified in the order"; and

(b) the words from "and shall" to the end shall cease to have effect.

142 In section 430 (consecutive sentences)--

(a) in subsection (1), the words "Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect; and

(b) for subsection (4) there shall be substituted the following subsection--

" (4) A court of summary jurisdiction may frame--

(a) a sentence following on conviction; or

(b) an order for committal in default of payment of any sum of money or for contempt of court,

so as to take effect on the expiry of any previous sentence or order which, at the date of the later conviction or order, the accused is undergoing. " .

143 In section 432(1) (deferred sentence), the words from "and", where it second occurs, to the end shall cease to have effect.

144 Section 435 (expenses) shall cease to have effect.

145 In section 440 (extract sufficient warrant for imprisonment), the words "Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect.

146 In section 441 (provision for court comprising more than one judge), the words from ", although" to "place," shall cease to have effect.

147 In section 443A (disqualification, forfeiture etc.), after subsection (2) there shall be inserted the following subsection--

" (3) Where, upon conviction, a fine has been imposed upon a person or a compensation order has been made against him under section 58 of the Criminal Justice (Scotland) Act 1980--

(a) the fine or compensation order shall not be enforced against him and he shall not be liable to make any payment in respect of the fine or compensation order; and

(b) any money paid under the compensation order shall not be paid by the clerk of court to the entitled person under section 60(1) of the Act of 1980,

pending the determination of any appeal against conviction or sentence (or disposal or order). " .

148 In section 444(1)(b) (contents of application for stated case), for the words "a statement of that fact" there shall be substituted "the ground of appeal against that sentence or disposal or order".

149 In section 446 (procedure in relation to appeal by stated case where appellant in custody)--

(a) in subsection (4), at the end there shall be inserted the words "or, on the application of the appellant, such earlier date as the court thinks fit, not being a date later than the date of expiry of any term or terms of imprisonment imposed subsequently to the conviction appealed against";

(b) in subsection (5)--

(i) after the words "person is" there shall be inserted "in custody or"; and

(ii) for the words "the term" there shall be substituted "any term"; and

" (6) The court shall not make an order under subsection (5) above to the effect that the sentence or, as the case may be, unexpired portion of the sentence shall run other than concurrently with the subsequently imposed term of imprisonment without first notifying the appellant of its intention to do so and considering any representations made by him or on his behalf. " .

150 In section 451(3) (computation of time) after the words "442(1)(a)(i)" there shall be inserted "or (in so far as it is against conviction) (iii)".

151 (1) Section 453 (prosecutor's consent to or application for setting aside of conviction) shall be amended as follows.

(2) In subsection (1)--

(a) at the beginning there shall be inserted "Without prejudice to section 442(1)(b) or (c) of this Act,";

(b) in paragraph (a)--

(i) for the words "442(1)(a)(i) or (iii)" there shall be substituted "442(1)(a)"; and

(ii) after the word "conviction" there shall be inserted "or sentence or, as the case may be, conviction and sentence ("sentence" being construed in this section as including disposal or order)"; and

(i) after the word "founded" there shall be inserted "or the sentence imposed following such conviction"; and

(ii) after the word "conviction" in the second place where it occurs there shall be inserted "or sentence or, as the case may be, conviction and sentence".

(3) In subsection (4)--

(a) in paragraph (a)--

(i) after the word "conviction" where it first occurs, there shall be inserted "or the sentence, or both,";

(ii) the word "and" at the end of sub-paragraph (i) shall cease to have effect;

(iii) at the end of sub-paragraph (ii) there shall be inserted-- " ; and

(iii) where the sentence is set aside, pass another (but not more severe) sentence; " ; and

(b) in paragraph (b), after the word "conviction" there shall be inserted " or sentence, or, as the case may be conviction and sentence, " .

152 In section 453B (appeals against sentence only), after subsection (4) there shall be inserted the following subsection--

" (4A) Subject to subsection (4) above, the report mentioned in subsection (3)(b) above shall be available only to the High Court, the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed. " .

153 In section 453D (disposal of appeal where appellant insane)--

(a) in subsection (1)(b), for the words "and ordering" to the end there shall be substituted " and--

(i) making, in respect of the appellant, any order mentioned in section 375ZC(2)(a) to (d) of this Act; or

(ii) making no order. " ; and

(b) for subsection (2) there shall be substituted the following subsection--

" (2) Subsection (3) of section 375ZC of this Act shall apply to an order made under subsection (1)(b)(i) above as it applies to an order made under subsection (2) of that section. " .

154 In section 454(1) (convictions not to be quashed on certain grounds), the words "at the trial by the solicitor of the accused" shall cease to have effect.

155 Section 457 (power to make Acts of Adjournal: summary procedure) shall cease to have effect.

156 Before section 457A there shall be inserted the following section--

" 457ZA Acts of Adjournal

(1) The High Court may by Act of Adjournal--

(a) regulate the practice and procedure in relation to criminal procedure; and

(b) make such rules and regulations as may be necessary or expedient to carry out the purposes and accomplish the objects of any enactment (including an enactment in this Act) in so far as it relates to criminal procedure,

provided that no rule, regulation or provision which affects the governor or any other officer of a prison shall be made by any such Act of Adjournal except with the consent of the Secretary of State.

(2) The High Court may by Act of Adjournal modify, amend or repeal any enactment (including an enactment in this Act) in so far as that enactment relates to matters with respect to which an Act of Adjournal may be made under subsection (1) above. " .

157 (1) Section 462 (interpretation) shall be amended as follows.

(2) In subsection (1)--

(a) at the appropriate places, there shall be inserted the following definitions--

" "examination of facts" means an examination of facts held under section 174ZA or 375ZA of this Act; " ;

" "governor" means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, the director of the prison; " ; and

" "prison officer" and "officer of a prison" means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act; " ; and

(b) in the definition of "officer of law", after paragraph (ii) there shall be inserted the following paragraph--

" (iia) any person who is employed under section 9 of the Police (Scotland) Act 1967 for the assistance of the constables of a police force and who is authorised by the chief constable of that police force in relation to service and execution as mentioned above; " ; and

(c) in the definition of "prosecutor", the words "private prosecutor," in the second place where they occur shall cease to have effect.

(3) In subsection (6), for the words "Great Britain" there shall be substituted "the United Kingdom".

(4) Subsection (10) shall cease to have effect.

158 In Schedule 5 (discharge and amendment of probation orders), in paragraph 4--

(a) after the word "practitioner" where it first occurs there shall be inserted "or chartered psychologist"; and

(b) after the word "practitioner" where it second occurs there shall be inserted "or psychologist".

The Sexual Offences (Scotland) Act 1976 (c. 67)

159 In section 4 of the Sexual Offences (Scotland) Act 1976 (unlawful sexual intercourse with girl between 13 and 16)--

(a) in the proviso to subsection (1), the words "on indictment" shall cease to have effect; and

(b) after subsection (2) there shall be inserted the following subsection--

" (3) For the purposes of the proviso to subsection (1) above, a prosecution shall be deemed to commence on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay. " .

The Community Service by Offenders (Scotland) Act 1978 (c. 49)

160 The Community Service by Offenders (Scotland) Act 1978 shall be amended as follows.

161 In section 2 (offender to be provided with copy order)--

(a) in subsection (3)(a), after the word "give" there shall be inserted ", or send by registered post or the recorded delivery service,"; and

(b) after subsection (3) there shall be inserted the following subsection--

" (4) Where a copy of a community service order has, under subsection (3)(a) above, been sent by registered post or by the recorded delivery service, an acknowledgement or certificate of delivery of a letter containing the copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate. " .

162 In section 4(1) (failure to comply with requirements of community service orders), for the words "evidence on oath" there shall be substituted "information".

The Criminal Justice (Scotland) Act 1980 (c. 62)

163 In section 26(4) of the Criminal Justice (Scotland) Act 1980 (service of certificates, reports etc.)--

(a) for the words "either of those subsections" there shall be substituted "that subsection";

(b) for the words from "may", where it second occurs, to "service", where it first occurs, there shall be substituted "shall be served in such manner as may be prescribed by Act of Adjournal"; and

The Mental Health (Scotland) Act 1984 (c. 36)

164 The Mental Health (Scotland) Act 1984 shall be amended as follows.

165 In section 67(1) (application of sections 63 to 66 to certain persons treated as restricted patients)--

(a) paragraph (a)(ii) and the preceding "or"; and

(b) the words from "or the order" to the end,

shall cease to have effect.

166 In section 69(3) (persons ordered to be kept in custody during Her Majesty's pleasure), for the words from "an order" to the end there shall be substituted "a hospital order together with a restriction order".

167 In section 71(7)(a) (removal to hospital of persons serving sentences of imprisonment etc.), for the words "or 255" there shall be substituted ", 174ZC, 254, 375, 375ZC or 453D".

168 In section 73(1) (transfer order to cease to have effect where proceedings dropped or case disposed of)--

(a) after the word "section" in the third place where it occurs there shall be inserted "174ZC"; and

(b) after "178," there shall be inserted "375ZC,".

169 In section 125(4) interpretation)--

(a) after "174," there shall be inserted "174ZC,"; and

(b) after "375," there shall be inserted "375ZC,".

The Criminal Justice (Scotland) Act 1987 (c. 41)

170 In section 60(3) of the Criminal Justice (Scotland) Act 1987 (service of documents relating to police interview)--

(a) for the words from "may" to "service", where it first occurs, there shall be substituted "shall be served in such manner as may be prescribed by Act of Adjournal"; and

(b) for the words from "a post" to "letter" there shall be substituted "the relevant post office receipt".

The Road Traffic Offenders Act 1988 (c. 53)

171 In section 19 of the Road Traffic Offenders Act 1988 (evidence of disqualification in Scotland)--

(a) the existing provision shall become subsection (1);

(b) in that subsection for the words "less than six days before his trial" there shall be substituted "more than seven days after the date of service of the copy"; and

" (2) A copy of a conviction or extract conviction served on the accused under subsection (1) above shall be served in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served such copy conviction or extract conviction together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy. " .

172 In section 20 of that Act (admissibility of certain evidence regarding speeding offences etc.), after subsection (8) there shall be inserted the following subsection--

" (8A) As respects proceedings in Scotland, a copy of a document served on a person under subsection (8) above shall be served in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served such copy document together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy. " .

173 In sections 31(2) (court may take account of particulars endorsed on licence) and 32(6) (court may take account of extract from licensing records) of that Act--

(a) for the words "sections 311(5) and" there shall be substituted "section"; and

(b) the words "penalties and" shall cease to have effect.

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

174 The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall be amended as follows.

175 In section 56 (evidence of children through television link in criminal trials)--

(a) in subsection (1), after the word "been" there shall be inserted "or is likely to be"; and

(b) in subsection (2)--

(i) the word "and" immediately following paragraph (a) shall cease to have effect; and

(ii) after paragraph (b) there shall be inserted " ; and

176 In section 58 (prior identification of accused by child witness), the words "cited to give evidence in a trial" shall cease to have effect.

177 In Schedule 6 (supervised attendance orders)--

(a) in paragraph 2--

(i) in sub-paragraph (3)(a), after the word "give" there shall be inserted ", or send by registered post or by the recorded delivery service,"; and

(ii) after sub-paragraph (3) there shall be inserted the following sub-paragraph--

" (4) Where a copy of a supervised attendance order has, under sub-paragraph (3)(a) above, been sent by registered post or by the recorded delivery service, an acknowledgement or certificate of delivery of a letter containing the copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate. " ; and

(b) in paragraph 4(1) (failure to comply with supervised attendance orders), for the words "evidence on oath" there shall be substituted "information".

The Criminal Justice Act 1991 (c. 53)

178 In Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), in paragraph 6(5)(a)(i), for the words "evidence on oath" there shall be substituted "information".

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

179 (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

(2) In section 11(3)(b) (duration of licence), for the words from "the" in the second place where it occurs to the end there shall be substituted-- " there has elapsed--

(i) a period (reckoned from the date on which he was ordered to be returned to prison under or by virtue of subsection (2)(a) of that section) equal in length to the period between the date on which the new offence was committed and the date on which he would (but for his release) have served the original sentence in full; or

(ii) subject to subsection (4) below, a total period equal in length to the period for which he was so ordered to be returned to prison together with, so far as not concurrent with that period, any term of imprisonment to which he was sentenced in respect of the new offence,

whichever results in the later date.

(4) In subsection (3)(b) above, "the original sentence" and "the new offence" have the same meanings as in section 16 of this Act. " .

(3) For section 16(7) (application of early release provisions where further offence committed by released prisoner) there shall be substituted the following subsection--

" (7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence--

(a) the making of the order shall have the effect of revoking the licence; and

(b) if the sentence comprising--

(i) the period for which the person is ordered to be returned to prison; and

(ii) so far as not concurrent with that period, any term of imprisonment to which he is sentenced in respect of the new offence,

is six months or more but less than four years, section 1(1) of this Act shall apply in respect of that sentence as if for the word "unconditionally" there were substituted the words "on licence". " .

(4) In section 18(1) (breach of supervised release order), for the words from the beginning to "by" where it second occurs, there shall be substituted "Where it appears to the court which imposed a supervised release order on a person, on information from".

(5) In section 28(3) (destruction of prints and impressions), the words "or 384(1) (probation)" shall cease to have effect.

(6) In section 33 (evidence of children on commission)--

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