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Criminal Procedure (Amendment) (Scotland) Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Criminal Procedure (Amendment) (Scotland) Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. Part 1 - Proceedings in the High Court

      1. Section 1 - Preliminary hearings

        1. Amendment of section 66

        2. New section 72 – preliminary hearing: procedure up to appointment of trial diet

        3. New section 72A – preliminary hearing: appointment of trial diet

        4. New section 72B – power to dispense with preliminary hearing

        5. New section 72C – procedure where preliminary hearing does not proceed

        6. New section 72D – preliminary hearing: further provision

      2. Section 2 - Written record of state of preparation in certain cases

      3. Section 3 - Appeals

      4. Section 4 - Prohibition on accused conducting case in person in certain cases

      5. Section 5 - Continuation of trial diet

    2. Part 2 - Solemn Proceedings Generally

      1. Section 6 - Time limits

      2. Section 7 - Citation

      3. Section 8 - Engagement, dismissal and withdrawal of solicitor representing the accused

      4. Section 9 - Procedure where trial diet does not proceed

      5. Section 10 - Trial in absence of accused

      6. Section 11 - Obstructive witnesses

        1. New section 90A: apprehension of witnesses in proceedings on indictment

        2. New section 90B – orders in respect of witnesses apprehended under section 90A

        3. New section 90C – breach of bail under section 90B(1)(b)

        4. New section 90D – review of orders under section 90B(1)(a) or (b)

        5. New section 90E – appeals in respect of orders under section 90B(1)

      7. Section 12 - Service etc. on accused through solicitor

      8. Section 13 - Preliminary pleas and preliminary issues

      9. Section 14 - Objections to admissibility of evidence raised without due notice

      10. Section 15 - Alteration of diets

      11. Section 16 - Uncontroversial evidence

    3. Part 3 - Bail

      1. Section 17 - Bail conditions: remote monitoring of restriction on movements

        1. New section 24A – bail conditions: remote monitoring of restrictions on movements

        2. New sections 24B to 24E

      2. Section 18 - Bail review: rights of prosecutor to be heard

    4. Part 4 - Miscellaneous and General

      1. Section 19 - First diet in sheriff court solemn proceedings: witnesses and bail

      2.  Section 20 - Sentence following guilty plea

      3. Section 21 - Increase in extended sentence which may be passed by sheriff court in certain cases

      4. Section 22 - Citation of witnesses for precognition

      5. Section 23 - Admissibility of prior statements of witnesses

      6. Section 24 - Protection of Children (Scotland) Act 2003: references following conviction

      7. Section 25 - Further modifications of the 1995 Act

      8. Section 26 - Ancillary provision

      9. Section 27 - Commencement and short title

    5. Schedule - Further modifications of the 1995 Act.

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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