Summary Jurisdiction (Scotland) Act 1954

15 Complaint

(1) All proceedings under this Act for the trial of offences or recovery of penalties shall be instituted by complaint in the form as nearly as may be of the form contained in Part II of the Second Schedule to this Act.

(2) Such complaint shall be signed by the prosecutor or by any solicitor on behalf of a prosecutor other than the public prosecutor of a court.

(3) A solicitor may appear for and conduct any prosecution on behalf of a prosecutor other than the public prosecutor of a court.

(4) A complaint at the instance of a private prosecutor for an offence at common law or for a statutory offence where imprisonment without the option of a fine is competent shall, unless otherwise provided in any statute, require the concurrence of the public prosecutor of the court in which the complaint is brought.

(5) Where a complaint includes any statutory charge a notice in the form, as nearly as may be, of Form No. 1 of Part III of the Second Schedule to this Act shall be served on the accused with the complaint when he is cited to a diet, and where he is in custody the complaint and such a notice shall be served on him before he is asked to plead, and a copy of any notice so served shall, where the judge is satisfied that the charge is proved, be laid before him by the prosecutor, and shall be entered in the record of the proceedings.