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Criminal Justice (Scotland) Act 2016

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Evidential presumptions

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6(1)In any proceedings in relation to an offence under paragraph 1(1), the facts mentioned in sub-paragraph (2) are to be held as admitted unless challenged by preliminary objection before the person’s plea is recorded.

(2)The facts are—

(a)that the person breached an undertaking by reason of failing to appear at court as required by the terms of the undertaking,

(b)that the person was subject to a particular—

(i)investigative liberation condition, or

(ii)condition under the terms of an undertaking.

(3)In proceedings to which sub-paragraph (4) applies—

(a)something in writing, purporting to impose investigative liberation conditions and bearing to be signed by a constable, is sufficient evidence of the terms of the investigative liberation conditions imposed under section 16(2),

(b)something in writing, purporting to be an undertaking and bearing to be signed by the person said to have given it, is sufficient evidence of the terms of the undertaking at the time that it was given,

(c)a document purporting to be a notice (or a copy of a notice) under section 18, 27 or 28, is sufficient evidence of the terms of the notice.

(4)This sub-paragraph applies to proceedings—

(a)in relation to an offence under paragraph 1(1), or

(b)in which the fact mentioned in paragraph 3(1)(b) is specified in the complaint or indictment.

(5)In proceedings in which the fact mentioned in paragraph 3(1)(b) is specified in the complaint or indictment, that fact is to be held as admitted unless challenged—

(a)in summary proceedings, by preliminary objection before the person’s plea is recorded, or

(b)in the case of proceedings on indictment, by giving notice of a preliminary objection in accordance with section 71(2) or 72(6)(b)(i) of the 1995 Act.

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