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Criminal Procedure (Scotland) Act 1995 (c. 46)

1995 CHAPTER 46

ARRANGEMENT OF SECTIONS

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  1. Part I

    Criminal Courts

    1. Jurisdiction and Powers

      1. The High Court

        1. 1. Judges in the High Court.

        2. 2. Fixing of High Court sittings.

      2. Solemn courts: general

        1. 3. Jurisdiction and powers of solemn courts.

      3. The sheriff

        1. 4. Territorial jurisdiction of sheriff.

        2. 5. The sheriff: summary jurisdiction and powers.

      4. District courts

        1. 6. District courts: area, constitution and prosecutor.

        2. 7. District court: jurisdiction and powers.

      5. Sittings of sheriff and district courts

        1. 8. Sittings of sheriff and district courts.

      6. Territorial jurisdiction: general

        1. 9. Boundaries of jurisdiction.

        2. 10. Crimes committed in different districts.

        3. 11. Certain offences committed outside Scotland.

  2. Part II

    Police Functions

    1. Lord Advocate’s instructions

      1. 12. Instructions by Lord Advocate as to reporting of offences.

    2. Detention and questioning

      1. 13. Powers relating to suspects and potential witnesses.

      2. 14. Detention and questioning at police station.

      3. 15. Rights of person arrested or detained.

      4. 16. Drunken persons: power to take to designated place.

    3. Arrest: access to solicitor

      1. 17. Right of accused to have access to solicitor.

    4. Prints and samples

      1. 18. Prints, samples etc. in criminal investigations.

      2. 19. Prints, samples etc. in criminal investigations: supplementary provisions.

      3. 20. Use of prints, samples etc.

    5. Schedule 1 offences

      1. 21. Schedule 1 offences: power of constable to take offender into custody.

    6. Police liberation

      1. 22. Liberation by police.

  3. Part III

    Bail

    1. 23. Bail applications.

    2. 24. Bail and bail conditions.

    3. 25. Bail conditions: supplementary.

    4. 26. Bail: circumstances where not available.

    5. 27. Breach of bail conditions: offences.

    6. 28. Breach of bail conditions: arrest of offender, etc.

    7. 29. Bail: monetary conditions.

    8. 30. Bail review.

    9. 31. Bail review on prosecutor’s application.

    10. 32. Bail appeal.

    11. 33. Bail: no fees exigible.

  4. Part IV

    Petition Procedure

    1. Warrants

      1. 34. Petition for warrant.

    2. Judicial examination

      1. 35. Judicial examination.

      2. 36. Judicial examination: questioning by prosecutor.

      3. 37. Judicial examination: record of proceedings.

      4. 38. Judicial examination: rectification of record of proceedings.

      5. 39. Judicial examination: charges arising in different districts.

    3. Committal

      1. 40. Committal until liberated in due course of law.

  5. Part V

    Children and Young Persons

    1. 41. Age of criminal responsibility.

    2. 42. Prosecution of children.

    3. 43. Arrangements where children arrested.

    4. 44. Detention of children.

    5. 45. Security for child’s good behaviour.

    6. 46. Presumption and determination of age of child.

    7. 47. Restriction on report of proceedings involving children.

    8. 48. Power to refer certain children to reporter.

    9. 49. Reference or remit to children’s hearing.

    10. 50. Children and certain proceedings.

    11. 51. Remand and committal of children and young persons.

  6. Part VI

    Mental Disorder

    1. Committal of mentally disordered persons

      1. 52. Power of court to commit to hospital an accused suffering from mental disorder.

    2. Interim hospital orders

      1. 53. Interim hospital orders.

    3. Insanity in bar of trial

      1. 54. Insanity in bar of trial.

    4. Examination of facts

      1. 55. Examination of facts.

      2. 56. Examination of facts: supplementary provisions.

    5. Disposal in case of insanity

      1. 57. Disposal of case where accused found to be insane.

    6. Hospital orders and guardianship

      1. 58. Order for hospital admission or guardianship.

      2. 59. Hospital orders: restrictions on discharge.

      3. 60. Appeals against hospital orders.

    7. Medical evidence

      1. 61. Requirements as to medical evidence.

    8. Appeals under Part VI

      1. 62. Appeal by accused in case involving insanity.

      2. 63. Appeal by prosecutor in case involving insanity.

  7. Part VII

    Solemn Proceedings

    1. The indictment

      1. 64. Prosecution on indictment.

      2. 65. Prevention of delay in trials.

      3. 66. Service and lodging of indictment, etc.

      4. 67. Witnesses.

      5. 68. Productions.

      6. 69. Notice of previous convictions.

      7. 70. Proceedings against bodies corporate.

    2. Pre-trial proceedings

      1. 71. First diet.

      2. 72. Preliminary diet: notice.

      3. 73. Preliminary diet: procedure.

      4. 74. Appeals in connection with preliminary diets.

      5. 75. Computation of certain periods.

    3. Plea of guilty

      1. 76. Procedure where accused desires to plead guilty.

      2. 77. Plea of guilty.

    4. Notice by accused

      1. 78. Special defences, incrimination and notice of witnesses, etc.

      2. 79. Preliminary pleas.

    5. Alteration, etc, of diet

      1. 80. Alteration and postponement of trial diet.

      2. 81. Procedure where trial does not take place.

      3. 82. Desertion or postponement where accused in custody.

      4. 83. Transfer of sheriff court solemn proceedings.

    6. Jurors for sittings

      1. 84. Juries: returns of jurors and preparation of lists.

      2. 85. Juries: citation and attendance of jurors.

      3. 86. Jurors: excusal and objections.

    7. Non-availability of judge

      1. 87. Non-availability of judge.

    8. Jury for trial

      1. 88. Plea of not guilty, balloting and swearing of jury, etc.

      2. 89. Jury to be informed of special defence.

      3. 90. Death or illness of jurors.

    9. Trial

      1. 91. Trial to be continuous.

      2. 92. Trial in presence of accused.

      3. 93. Record of trial.

      4. 94. Transcripts of record and documentary productions.

      5. 95. Verdict by judge alone.

      6. 96. Amendment of indictment.

      7. 97. No case to answer.

      8. 98. Defence to speak last.

      9. 99. Seclusion of jury to consider verdict.

    10. Verdict and conviction

      1. 100. Verdict of jury.

      2. 101. Previous convictions: solemn proceedings.

      3. 102. Interruption of trial for other proceedings.

  8. Part VIII

    Appeals from Solemn Proceedings

    1. 103. Appeal sittings.

    2. 104. Power of High Court in appeals.

    3. 105. Appeal against refusal of application.

    4. 106. Right of appeal.

    5. 107. Leave to appeal.

    6. 108. Lord Advocate’s appeal against sentence.

    7. 109. Intimation of intention to appeal.

    8. 110. Note of appeal.

    9. 111. Provisions supplementary to sections 109 and 110.

    10. 112. Admission of appellant to bail.

    11. 113. Judge’s report.

    12. 114. Applications made orally or in writing.

    13. 115. Presentation of appeal in writing.

    14. 116. Abandonment of appeal.

    15. 117. Presence of appellant or applicant at hearing.

    16. 118. Disposal of appeals.

    17. 119. Provision where High Court authorises new prosecution.

    18. 120. Appeals: supplementary provisions.

    19. 121. Suspension of disqualification, forfeiture, etc.

    20. 122. Fines and caution.

    21. 123. Lord Advocate’s reference.

    22. 124. Finality of proceedings and Secretary of State’s reference.

    23. 125. Reckoning of time spent pending appeal.

    24. 126. Extract convictions.

    25. 127. Forms in relation to appeals.

    26. 128. Fees and expenses.

    27. 129. Non-compliance with certain provisions may be waived.

    28. 130. Bill of suspension not competent.

    29. 131. Prosecution appeal by bill of advocation.

    30. 132. Interpretation of Part VIII.

  9. Part IX

    Summary Proceedings

    1. General

      1. 133. Application of Part IX of Act.

      2. 134. Incidental applications.

      3. 135. Warrants of apprehension and search.

      4. 136. Time limit for certain offences.

      5. 137. Alteration of diets.

    2. Complaints

      1. 138. Complaints.

      2. 139. Complaints: orders and warrants.

    3. Citation

      1. 140. Citation.

      2. 141. Manner of citation.

    4. Children

      1. 142. Summary proceedings against children.

    5. Companies

      1. 143. Prosecution of companies, etc.

    6. First diet

      1. 144. Procedure at first diet.

      2. 145. Adjournment for inquiry at first calling.

      3. 146. Plea of not guilty.

    7. Pre-trial procedure

      1. 147. Prevention of delay in trials.

      2. 148. Intermediate diet.

      3. 149. Alibi.

    8. Failure of accused to appear

      1. 150. Failure of accused to appear.

    9. Non-availability of judge

      1. 151. Death, illness or absence of judge.

    10. Trial diet

      1. 152. Desertion of diet.

      2. 153. Trial in presence of accused.

      3. 154. Proof of official documents.

      4. 155. Punishment of witness for contempt.

      5. 156. Apprehension of witness.

      6. 157. Record of proceedings.

      7. 158. Interruption of summary proceedings for verdict in earlier trial.

      8. 159. Amendment of complaint.

      9. 160. No case to answer.

      10. 161. Defence to speak last.

    11. Verdict and conviction

      1. 162. Judges equally divided.

      2. 163. Conviction: miscellaneous provisions.

      3. 164. Conviction of part of charge.

      4. 165. “Conviction” and “sentence” not to be used for children.

      5. 166. Previous convictions: summary proceedings

      6. 167. Forms of finding and sentence.

      7. 168. Caution.

      8. 169. Detention in precincts of court.

    12. Miscellaneous

      1. 170. Damages in respect of summary proceedings.

      2. 171. Recovery of penalties.

      3. 172. Forms of procedure.

  10. Part X

    Appeals from Summary Proceedings

    1. General

      1. 173. Quorum of High Court in relation to appeals.

      2. 174. Appeals relating to preliminary pleas.

      3. 175. Right of appeal.

    2. Stated case

      1. 176. Stated case: manner and time of appeal.

      2. 177. Procedure where appellant in custody.

      3. 178. Stated case: preparation of draft.

      4. 179. Stated case: adjustment and signature.

      5. 180. Leave to appeal against conviction etc.

      6. 181. Stated case: directions by High Court.

      7. 182. Stated case: hearing of appeal.

      8. 183. Stated case: disposal of appeal.

      9. 184. Abandonment of appeal.

    3. New prosecution

      1. 185. Authorisation of new prosecution.

    4. Appeals against sentence

      1. 186. Appeals against sentence only.

      2. 187. Leave to appeal against sentence.

    5. Disposal of appeals

      1. 188. Setting aside conviction or sentence: prosecutor’s consent or application.

      2. 189. Disposal of appeal against sentence.

      3. 190. Disposal of appeal where appellant insane.

    6. Miscellaneous

      1. 191. Appeal by suspension or advocation on ground of miscarriage of justice.

      2. 192. Appeals: miscellaneous provisions.

      3. 193. Suspension of disqualification, forfeiture etc.

      4. 194. Computation of time.

  11. Part XI

    Sentencing

    1. General

      1. 195. Remit to High Court for sentence.

      2. 196. Sentence following guilty plea.

      3. 197. Sentencing guidelines.

      4. 198. Form of sentence.

      5. 199. Power to mitigate penalties.

    2. Pre-sentencing procedure

      1. 200. Remand for inquiry into physical or mental condition.

      2. 201. Power of court to adjourn case before sentence.

      3. 202. Deferred sentence.

      4. 203. Reports.

    3. Imprisonment, etc.

      1. 204. Restrictions on passing sentence of imprisonment or detention.

      2. 205. Punishment for murder.

      3. 206. Minimum periods of imprisonment.

      4. 207. Detention of young offenders.

      5. 208. Detention of children convicted on indictment.

      6. 209. Supervised release orders.

      7. 210. Consideration of time spent in custody.

    4. Fines

      1. 211. Fines.

      2. 212. Fines in summary proceedings.

      3. 213. Remission of fines.

      4. 214. Fines: time for payment and payment by instalments.

      5. 215. Application for further time to pay fine.

      6. 216. Fines: restriction on imprisonment for default.

      7. 217. Fines: supervision pending payment.

      8. 218. Fines: supplementary provisions as to payment.

      9. 219. Fines: periods of imprisonment for non-payment.

      10. 220. Fines: part payment by prisoners.

      11. 221. Fines: recovery by civil diligence.

      12. 222. Transfer of fine orders.

      13. 223. Transfer of fines: procedure for clerk of court.

      14. 224. Discharge from imprisonment to be specified.

      15. 225. Penalties: standard scale, prescribed sum and uprating.

      16. 226. Penalties: exceptionally high maximum fines.

    5. Caution

      1. 227. Caution.

    6. Probation

      1. 228. Probation orders.

      2. 229. Probation orders: additional requirements.

      3. 230. Probation orders: requirement of treatment for mental condition.

      4. 231. Probation orders: amendment and discharge.

      5. 232. Probation orders: failure to comply with requirement.

      6. 233. Probation orders: commission of further offence.

      7. 234. Probation orders: persons residing in England and Wales.

    7. Supervised attendance

      1. 235. Supervised attendance orders.

      2. 236. Supervised attendance orders in place of fines for 16 and 17 year olds.

      3. 237. Supervised attendance orders where court allows further time to pay fine.

    8. Community service by offenders

      1. 238. Community service orders.

      2. 239. Community service orders: requirements.

      3. 240. Community service orders: amendment and revocation etc.

      4. 241. Community service order: commission of offence while order in force.

      5. 242. Community service orders: persons residing in England and Wales.

      6. 243. Community service orders: persons residing in Northern Ireland.

      7. 244. Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.

      8. 245. Community service orders: rules, annual report and interpretation.

    9. Admonition and absolute discharge

      1. 246. Admonition and absolute discharge.

      2. 247. Effect of probation and absolute discharge.

    10. Disqualification

      1. 248. Disqualification where vehicle used to commit offence.

    11. Compensation

      1. 249. Compensation order against convicted person.

      2. 250. Compensation orders: supplementary provisions.

      3. 251. Review of compensation order.

      4. 252. Enforcement of compensation orders: application of provisions relating to fines.

      5. 253. Effect of compensation order on subsequent award of damages in civil proceedings.

    12. Forfeiture

      1. 254. Search warrant for forfeited articles.

  12. Part XII

    Evidence

    1. Special capacity

      1. 255. Special capacity.

    2. Agreed evidence

      1. 256. Agreements and admissions as to evidence.

      2. 257. Duty to seek agreement of evidence.

      3. 258. Uncontroversial evidence.

    3. Hearsay

      1. 259. Exceptions to the rule that hearsay evidence is inadmissible.

      2. 260. Admissibility of prior statements of witnesses.

      3. 261. Statements by accused.

      4. 262. Construction of sections 259 to 261.

    4. Witnesses

      1. 263. Examination of witnesses.

      2. 264. Spouse of accused a competent witness.

      3. 265. Witnesses not excluded for conviction, interest, relationship, etc.

      4. 266. Accused as witness.

      5. 267. Witnesses in court during trial.

    5. Additional evidence, etc.

      1. 268. Additional evidence.

      2. 269. Evidence in replication.

      3. 270. Evidence of criminal record and character of accused.

    6. Evidence of children

      1. 271. Evidence of children: special provisions.

    7. Evidence on commission and from abroad

      1. 272. Evidence by letter of request or on commission.

      2. 273. Television link evidence from abroad.

    8. Evidence relating to sexual offences

      1. 274. Restrictions on evidence relating to sexual offences.

      2. 275. Exceptions to restrictions under section 274.

    9. Biological material

      1. 276. Evidence of biological material.

    10. Transcripts and records

      1. 277. Transcript of police interview sufficient evidence.

      2. 278. Record of proceedings at examination as evidence.

    11. Documentary evidence

      1. 279. Evidence from documents.

    12. Routine evidence

      1. 280. Routine evidence.

      2. 281. Routine evidence: autopsy and forensic science reports.

    13. Sufficient evidence

      1. 282. Evidence as to controlled drugs and medicinal products.

      2. 283. Evidence as to time and place of video surveillance recordings.

      3. 284. Evidence in relation to fingerprints.

    14. Proof of previous convictions

      1. 285. Previous convictions: proof, general.

      2. 286. Previous convictions: proof in support of substantive charge.

  13. Part XIII

    Miscellaneous

    1. Lord Advocate

      1. 287. Demission of office by Lord Advocate.

      2. 288. Intimation of proceedings in High Court to Lord Advocate.

    2. Treason trials

      1. 289. Procedure and evidence in trials for treason.

    3. Certain rights of accused

      1. 290. Accused’s right to request identification parade.

      2. 291. Precognition on oath of defence witnesses.

    4. Mode of trial

      1. 292. Mode of trial of certain offences.

    5. Art and part and attempt

      1. 293. Statutory offences: art and part and aiding and abetting.

      2. 294. Attempt at crime.

    6. Legal custody

      1. 295. Legal custody.

    7. Warrants

      1. 296. Warrants for search and apprehension to be signed by judge.

      2. 297. Execution of warrants and service of complaints, etc.

    8. Trial judge’s report

      1. 298. Trial judge’s report.

    9. Correction of entries

      1. 299. Correction of entries.

      2. 300. Amendment of records of conviction and sentence in summary proceedings.

    10. Rights of audience

      1. 301. Rights of audience.

    11. Fixed penalties

      1. 302. Fixed penalty: conditional offer by procurator fiscal.

      2. 303. Fixed penalty: enforcement.

  14. Part XIV

    General

    1. 304. Criminal Courts Rules Council.

    2. 305. Acts of Adjournal.

    3. 306. Information for financial and other purposes.

    4. 307. Interpretation.

    5. 308. Construction of enactments referring to detention etc.

    6. 309. Short title, commencement and extent.

  15. SCHEDULES:

    1. Schedule 1

      Offences Against Children Under the Age of 17 Years to which Special Provisions Apply.

    2. Schedule 2

      Examples of Indictments.

    3. Schedule 3

      Indictments and Complaints.

    4. Schedule 4

      Supervision and Treatment Orders.

      1. Part I

        Preliminary.

      2. Part II

        Making and Effect of Orders.

      3. Part III

        Revocation and Amendment of Orders.

    5. Schedule 5

      Forms of Complaint and Charges.

    6. Schedule 6

      Discharge of and Amendment to Probation Orders.

    7. Schedule 7

      Supervised Attendance Orders: Further Provisions.

    8. Schedule 8

      Documentary Evidence in Criminal Proceedings.

    9. Schedule 9

      Certificates as to Proof of Certain Routine Matters.

    10. Schedule 10

      Certain Offences Triable only Summarily.

An Act to consolidate certain enactments relating to criminal procedure in Scotland.

[8th November 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:—

Part I Criminal Courts

Jurisdiction and Powers

The High Court

1 Judges in the High Court

(1) The Lord President of the Court of Session shall be the Lord Justice General and shall perform his duties as the presiding judge of the High Court.

(2) Every person who is appointed to the office of one of the Senators of the College of Justice in Scotland shall, by virtue of such appointment, be a Lord Commissioner of Justiciary in Scotland.

(3) If any difference arises as to the rotation of judges in the High Court, it shall be determined by the Lord Justice General, whom failing by the Lord Justice Clerk.

(4) Any Lord Commissioner of Justiciary may preside alone at the trial of an accused before the High Court.

(5) Without prejudice to subsection (4) above, in any trial of difficulty or importance it shall be competent for two or more judges in the High Court to preside for the whole or any part of the trial.

2 Fixing of High Court sittings

(1) The High Court shall sit at such times and places as the Lord Justice General, whom failing the Lord Justice Clerk, may, after consultation with the Lord Advocate, determine.

(2) Without prejudice to subsection (1) above, the High Court shall hold such additional sittings as the Lord Advocate may require.

(3) Where an accused has been cited to attend a sitting of the High Court, the prosecutor may, at any time before the commencement of his trial, apply to the Court to transfer the case to another sitting of the High Court; and a single judge of the High Court may—

(a) after giving the accused or his counsel an opportunity to be heard; or

(b) on the joint application of all parties,

make an order for the transfer of the case.

(4) Where no cases have been indicted for a sitting of the High Court or if it is no longer expedient that a sitting should take place, it shall not be necessary for the sitting to take place.

(5) If any case remains indicted for a sitting which does not take place in pursuance of subsection (4) above, subsection (3) above shall apply in relation to the transfer of any other such case to another sitting.

Solemn courts: general

3 Jurisdiction and powers of solemn courts

(1) The jurisdiction and powers of all courts of solemn jurisdiction, except so far as altered or modified by any enactment passed after the commencement of this Act, shall remain as at the commencement of this Act.

(2) Any crime or offence which is triable on indictment may be tried by the High Court sitting at any place in Scotland.

(3) The sheriff shall, without prejudice to any other or wider power conferred by statute, not be entitled, on the conviction on indictment of an accused, to pass a sentence of imprisonment for a term exceeding three years.

(4) Subject to subsection (5) below, where under any enactment passed or made before 1st January 1988 (the date of commencement of section 58 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987) an offence is punishable on conviction on indictment by imprisonment for a term exceeding two years but the enactment either expressly or impliedly restricts the power of the sheriff to impose a sentence of imprisonment for a term exceeding two years, it shall be competent for the sheriff to impose a sentence of imprisonment for a term exceeding two but not exceeding three years.

(5) Nothing in subsection (4) above shall authorise the imposition by the sheriff of a sentence in excess of the sentence specified by the enactment as the maximum sentence which may be imposed on conviction of the offence.

(6) S