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

1995 CHAPTER 20

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    The Course of Justice

    1. Bail

      1. 1. Bail conditions.

      2. 2. Breach of bail conditions.

      3. 3. No bail in homicide or rape proceedings after previous conviction of such offences.

      4. 4. Right of prosecutor to seek review of grant of bail.

      5. 5. Bail pending appeal.

    2. Juries

      1. 6. Lists of potential jurors.

      2. 7. Jury service.

      3. 8. Challenges to jurors.

    3. Pre-trial procedure

      1. 9. Execution of warrants granted by sheriff, etc.

      2. 10. Judicial examination.

      3. 11. Requirement to give notice of defence of automatism or coercion.

      4. 12. Agreement of evidence.

      5. 13. First and preliminary diets in solemn proceedings.

      6. 14. Intermediate diet in summary proceedings.

    4. Delay in trial

      1. 15. Calculation of specified period where accused detained outside Scotland.

    5. Evidence

      1. 16. Uncontroversial evidence.

      2. 17. Exceptions to the rule that hearsay evidence is inadmissible.

      3. 18. Admissibility of prior statements of witnesses.

      4. 19. Statements by accused.

      5. 20. Construction of sections 17, 18 and 19.

      6. 21. Evidence of biological material.

      7. 22. Routine evidence.

      8. 23. Proof of custody of productions.

      9. 24. Evidence of criminal record and character of accused.

      10. 25. Evidence as to controlled drugs and medicinal products.

      11. 26. Evidence as to time and place of video surveillance recordings.

      12. 27. Evidence in relation to fingerprints.

      13. 28. Evidence in relation to sexual offences.

      14. 29. Proof of previous convictions.

    6. The trial

      1. 30. Death, illness or absence of trial judge.

      2. 31. Removal of accused from court.

      3. 32. Comment by prosecutor on accused’s failure to give evidence.

    7. Conviction and sentence

      1. 33. Sentence following guilty plea.

      2. 34. Sentencing guidelines.

      3. 35. Supervised attendance orders.

      4. 36. Supervised release orders: requirement for local authority report.

      5. 37. Offences committed by persons under supervision etc: provision of local authority report.

      6. 38. Probation orders to be made only after conviction.

      7. 39. Probation orders requiring treatment for mental condition.

      8. 40. Sentence for offence committed while subject to requirement to perform unpaid work.

      9. 41. Amendment of records of conviction and sentence in summary proceedings.

    8. Appeals

      1. 42. Leave to appeal.

      2. 43. Reduction in quorum of High Court for appeals against sentence etc.

      3. 44. Trial judge’s report.

      4. 45. Extension of certain time limits with respect to appeals.

      5. 46. New prosecution for same or similar offence.

    9. Mental disorder and criminal proceedings

      1. 47. Insanity in bar of trial.

      2. 48. Insanity as ground of acquittal in summary proceedings.

      3. 49. Examination of facts.

      4. 50. Disposal of case where accused found to be insane.

      5. 51. Appeal by accused in case involving insanity.

      6. 52. Appeal by prosecutor in case involving insanity.

      7. 53. Review of committal of mentally disordered accused to hospital.

      8. 54. Restriction orders to be without limit of time.

      9. 55. Committal to hospital for inquiry into mental condition.

    10. Miscellaneous

      1. 56. Criminal Courts Rules Council.

      2. 57. Information for financial and other purposes.

      3. 58. Prints, samples etc. in criminal investigations.

      4. 59. Calculation of period of detention at police station where person previously detained under another enactment etc.

      5. 60. Jurisdiction of district court in relation to statutory offences.

      6. 61. Conditional offer of fixed penalty by procurator fiscal.

      7. 62. Time limit for summary prosecution of statutory offences.

      8. 63. Abolition of private summary prosecutions.

      9. 64. Legal aid in case involving insanity in bar of trial.

      10. 65. Legal aid in criminal appeals.

      11. 66. Supervision and care of persons diverted from prosecution or subject to supervision requirement etc.

      12. 67. Transfer of fine orders.

      13. 68. Liability of bankrupt to pay fines and compensation orders.

      14. 69. Child detainees unlawfully at large.

  2. Part II

    Proceeds of Crime and Property used in Crime

    1. Chapter I

      Confiscation of the Proceeds of Crime

      1. Confiscation orders

        1. 70. General provision.

        2. 71. Benefit from commission of offence.

        3. 72. Realisable property.

        4. 73. Gifts.

        5. 74. Making of confiscation orders.

        6. 75. Statements relevant to making confiscation orders.

        7. 76. Postponed confiscation orders.

        8. 77. Increase in benefit or realisable property.

        9. 78. Realisable property inadequate to meet payments under confiscation order.

        10. 79. Confiscation orders where proceeds of crime discovered at later date.

        11. 80. Application of provisions relating to fines to enforcement of confiscation orders.

        12. 81. Interest on sums unpaid under confiscation orders.

      2. Exercise of powers

        1. 82. Exercise of powers by court or administrator.

      3. Compensation

        1. 83. Compensation.

      4. Investigations and disclosure of information

        1. 84. Order to make material available.

        2. 85. Authority for search.

        3. 86. Disclosure of information held by government departments.

    2. Chapter II

      Forfeiture of Property used in Crime

      1. 87. Suspended forfeiture order.

      2. 88. Forfeiture: district court.

      3. 89. Warrant to search for and seize property.

      4. 90. Forfeiture of property subject to suspended forfeiture order.

      5. 91. Recall or variation of suspended forfeiture order.

      6. 92. Property wrongly forfeited: return or compensation.

      7. 93. Appeal against court decision under section 91(1) or 92(2).

    3. Chapter III

      Restraint Orders

      1. 94. Restraint orders.

      2. 95. Restraint orders in relation to realisable property.

      3. 96. Restraint orders in relation to forfeitable property.

      4. 97. Variation and recall of restraint orders.

      5. 98. Inhibition of property affected by restraint order or by interdict.

      6. 99. Arrestment of property affected by restraint order.

      7. 100. Administrators.

    4. Chapter IV

      Reciprocal Arrangements for Enforcement of Orders

      1. 101. Recognition and enforcement of orders made in England and Wales.

      2. 102. Provisions supplementary to section 101.

      3. 103. Inhibition of Scottish property affected by order registered under section 101.

      4. 104. Arrestment of Scottish property affected by order registered under section 101.

      5. 105. Enforcement of Northern Ireland orders.

      6. 106. Enforcement of orders made outside United Kingdom.

      7. 107. Registration of external confiscation orders.

      8. 108. Enforcement of Scottish orders in England and Wales.

      9. 109. Order in Council as regards taking of action in designated country.

    5. Chapter V

      Miscellaneous and General

      1. 110. Sequestration etc. of person holding realisable or forfeitable property.

      2. 111. Disposal of family home under Chapter I or II.

      3. 112. Forfeiture of property where accused has died.

      4. 113. Transitional provision, amendment of 1987 Act, etc.

      5. 114. Interpretation of Part II.

  3. Part III

    Supplementary

    1. 115. Interpretation.

    2. 116. Expenses.

    3. 117. Minor and consequential amendments and repeals.

    4. 118. Short title, commencement and extent.

    1. Schedule 1

      Certificates as to Proof of Certain Matters.

    2. Schedule 2

      Supervision and Treatment Orders: Schedule to be inserted in the 1975 Act.

      1. Part I

        Preliminary.

      2. Part II

        Making and Effect of Orders.

      3. Part III

        Revocation and Amendment of Orders.

    3. Schedule 3

      Administrators.

    4. Schedule 4

      Sequestration etc. of Persons Holding Realisable or Forfeitable Property.

    5. Schedule 5

      Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II.

    6. Schedule 6

      Minor and Consequential Amendments.

      1. Part I

        Amendments Relating to Part I.

      2. Part II

        Amendments Relating to Part II.

    7. Schedule 7

      Repeals.

      1. Part I

        Repeals Relating to Part I.

      2. Part II

        Repeals Relating to Part II.

An Act to amend the criminal justice system of Scotland as respects criminal proceedings, the investigation of offences, the sentences and other disposals applicable in respect of certain offences, legal aid in relation to certain appeals, and the treatment of offenders; to amend the law of Scotland in relation to confiscation of the proceeds of, and forfeiture of property used in, crime; to make further provision as respects Scotland in relation to the preparation of jury lists for the purposes of criminal and civil trials; and for connected purposes.

[19th July 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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