Search Legislation

Criminal Procedure (Amendment) (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

7Citation

This section has no associated Explanatory Notes

(1)Section 66 (service and lodging of indictment, etc.) of the 1995 Act is amended as follows.

(2)For subsection (1) substitute—

(1)This Act shall be sufficient warrant for—

(a)the citation of the accused and witnesses to—

(i)any diet of the High Court to be held on any day, and at any place, the Court is sitting;

(ii)any diet of the sheriff court to be held on any day the court is sitting; or

(iii)any adjournment of a diet specified in sub-paragraph (i) or (ii) above; and

(b)the citation of jurors for any trial to be held—

(i)in the High Court; or

(ii)under solemn procedure in the sheriff court..

(3)In subsection (4), in paragraph (b)—

(a)at the beginning insert “if the accused, at the time of citation, is not in custody,”, and

(b)for “accused’s dwelling-house or place of business” substitute “relevant premises”.

(4)After subsection (4) insert—

(4ZA)In subsection (4)(b) above, “the relevant premises” means—

(a)where the accused, at the time of citation, has been admitted to bail, his proper domicile of citation as specified for the purposes of section 25 of this Act; or

(b)in any other case, any premises which the constable reasonably believes to be the accused’s dwelling-house or place of business..

(5)After subsection (6B) insert—

(6C)An accused shall be taken to be served with—

(a)the indictment and lists of witnesses and productions; and

(b)the notice referred to in subsection (6) above,

if they are served on the solicitor specified in subsection (6D) below at that solicitor’s place of business.

(6D)The solicitor referred to in subsection (6C) above is any solicitor who—

(a)has notified in writing the procurator fiscal for the district in which the charge against the accused was being investigated that he is engaged by the accused for the purposes of his defence; and

(b)has not informed that procurator fiscal that he has been dismissed by, or has withdrawn from acting for, the accused.

(6E)It is the duty of a solicitor who has, before service of an indictment, notified a procurator fiscal that he is engaged by the accused for the purposes of his defence to inform that procurator fiscal in writing forthwith if he is dismissed by, or withdraws from acting for, the accused..

(6)Subsection (8) is repealed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources