Search Legislation

Criminal Procedure (Scotland) Act 1975

Changes to legislation:

There are currently no known outstanding effects for the Criminal Procedure (Scotland) Act 1975. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

  1. Introductory Text

  2. Part I Solemn Procedure

    1. Jurisdiction

      1. 1. Application of Part I of this Act.

      2. 2. Jurisdiction and powers of courts of solemn jurisdiction.

      3. 3. Jurisdiction of sheriff.

      4. 4. Boundaries of jurisdiction.

      5. 5. Procedure in case of crime in different districts.

      6. 6. Jurisdiction and procedure in respect of certain indictable offences committed abroad.

      7. 7. Theft outside Scotland.

      8. 8. Trial of certain crimes and offences in sheriff court.

      9. 9. Instructions by Lord Advocate as to reporting offences.

      10. 10. Intimation of proceedings in High Court to Lord Advocate.

      11. 11. Procedure after intimation.

  3. Procedure prior to Trial

    1. Arrest, Judicial Examination, Custody, Bail, Etc.

      1. 12. Petitions for Warrants.

      2. 13. Warrants for arrest of escaped prisoners and mental patients.

      3. 14. Warrant to search for or remove a child.

      4. 15. Warrants granted by justice may be executed throughout Scotland.

      5. 15A. Warrants for search and apprehension to be signed by judge.

      6. 16. Backing of certain warrants from the Isle of Man.

      7. 17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. 18. Power of constable to take offenders into custody.

      9. 19. Prisoners before examination to have access to solicitor.

      10. 20. Accused at examination need not emit a declaration.

      11. 20A. Accused at examination may be questioned by prosecutor.

      12. 20B. Record to be made of proceedings at examination.

      13. 21. Examination of accused on charges arising in different districts.

      14. 22. Committal until liberation in due course of law.

      15. 23. Remand and committal of persons under 21.

      16. 24. Committal of children to custody in place of safety.

      17. 25. Power of court to commit to hospital a person suffering from mental disorder.

      18. 26. Bail competent before committal.

      19. 27. Renewal of application for bail after committal.

      20. 28. Admission or refusal of bail after committal.

      21. 28A. No bail for persons charged with or convicted of homicide or rape after previous conviction of such offences.

      22. 29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      23. 30. Application for review of court’s decision on bail and caution.

      24. 30A. Application by prosecutor for review of court’s decision to grant bail.

      25. 31. Appeal in respect of bail.

      26. 32. No fees exigible against accused in respect of application for bail.

      27. 33. Liberation of applicant when appeal by public prosecutor.

      28. 34.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      29. 35. Right of Lord Advocate and High Court to admit a person to bail.

      30. 36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      31. 37. Power to order parent to give security for child’s good behaviour.

      32. 38. Separation of children from adults at courts, etc.

      33. 39. Attendance at court of parent of child charged with an offence, etc.

      34. 40. Notice to local authority of charge against a child.

    2. The Indictment

      1. 41. Indictment forms.

      2. 42. Resignation, death or demission of office of Lord Advocate.

      3. 43. Naming of accused.

      4. 44. Nomen juris unnecessary.

      5. 45. Case of two or more persons charged.

      6. 46.“Guilty, actor or art and part” unnecessary.

      7. 47.“All which or part” implied.

      8. 48. Qualifying words to be implied.

      9. 48A. Common law and statutory offences in same indictment.

      10. 48B. Description of offence in words of statute or order.

      11. 49. Quotation of statutes unnecessary.

      12. 50. Latitude as to time and place.

      13. 51. Latitude as to quantities, persons, things or modes.

      14. 52. Description of buildings, goods, money or other property.

      15. 53. Description of persons, goods, etc.

      16. 54.“Money” to include coin, bank notes and post office orders.

      17. 55. Setting forth documents unnecessary.

      18. 56. Declarations, etc., not averred.

      19. 57. Indictments, etc., written or printed or partly so.

      20. 58. Authentication of alterations to indictment, etc.

      21. 59. Reset.

      22. 60. Robbery, etc. to include reset, and theft to include breach of trust, etc.

      23. 60A. Proceedings under the Merchant Shipping Acts.

      24. 61. Procedure where more than one crime charged.

      25. 62. Mode of charging certain offences committed against two or more children under 17.

      26. 63. Attempt at crime.

      27. 64. Statutory offences which are offences at common law.

      28. 65. Superfluous particulars as to identity.

      29. 66. Proof of exceptions, qualifications, etc.

      30. 67. Offence committed in special capacity.

    3. Notice of previous convictions

      1. 68. Notice of previous convictions.

    4. Citation of Accused, Witnesses and Jurors

      1. 69. Warrants for citation.

      2. 70. Service of indictment and list of witnesses.

      3. 71. Manner of service of indictment, etc.

      4. 72. Officers may cite jurors and witnesses, without witnesses and oath of officer sufficient evidence of citation.

      5. 73. Execution of citation of indictment.

      6. 74. Proceedings against bodies corporate.

    5. Fixing the Diets

      1. 75. Notice of trial diet.

      2. 75A. First diet.

      3. 76. Preliminary diet.

      4. 76A. Appeal in connection with preliminary diet.

      5. 77. Alteration of trial diet.

      6. 77A. Application for postponement of trial diet.

    6. Lodging of List of Witnesses, Productions, Special Defence, Etc.

      1. 78. Record copy of indictment and list of witnesses.

      2. 79. Description of witnesses.

      3. 80. Objection to witness.

      4. 81. Examination by prosecutor of witnesses, etc., not included in lists lodged.

      5. 82. Written notice of special defence and examination of witnesses and productions not included in lists lodged.

      6. 82A. Parties may examine each other’s witnesses etc.

      7. 83. Accused entitled to see productions.

      8. 84. Proof as to productions.

      9. 84A. Agreement of evidence.

    7. Preparation of Jury List, etc.

      1. 85. Number of jurors to be returned for trial.

      2. 86. Jurors for High Court at Edinburgh.

      3. 87, 88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 89. Jurors in inferior courts.

      5. 90. Order in which names of jurors are to be taken.

      6. 91. Names of jurors dying or becoming disqualified to be passed over in making returns of jurors.

      7. 92. Jurors as returned to serve on trials.

      8. 93. Names of jurors to be inserted in one roll.

      9. 94. One list of assize sufficient for all trials at the same diet in High Court.

      10. 95. No irregularity in lists, etc., to be an objection to jurors.

      11. 96. Note of jury list.

      12. 97. Sufficient jurors only to be summoned.

      13. 98. Jurors to be cited by registered letter or recorded delivery.

      14. 99. Fining of jurors for non-attendance.

      15. 100. No exemptions by sex or marriage from liability to serve as juror.

    8. Delay in trial

      1. 101. Prevention of delay in trials.

    9. Accelerated Trial

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

    10. First Diet

      1. 103. Pleas of guilty.

      2. 104. Remit to High Court for sentence.

      3. 105—107.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 108. Certain objections competent only at first diet.

      5. 109. Interlocutor of relevancy unnecessary.

      6. 110. Where sentence delayed, original warrant of commitment stands.

      7. 111. Postponement on old warrant where diet deserted.

      8. 111A. Computation of period.

    11. Sittings of High Court

      1. 112. Place of High Court Sittings.

      2. 113. Judges in High Court.

      3. 114. Fixing of High Court sittings.

      4. 114A. Transfer of sheriff court solemn proceedings.

      5. 115—119.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 120.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    12. Procedure at Trial

      1. 121, 122.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 123. Amendment of indictment.

      3. 124. On plea of guilty, jury to be dispensed with and sentence pronounced.

      4. 125. On plea of not guilty, plea to be recorded and jury balloted.

      5. 126. On plea of not guilty, the indictment need not be read over.

      6. 127. Procedure where trial does not take place.

      7. 128. Provision for death or illness of judge.

      8. 129. Jury to be chosen by ballot in open court.

      9. 130. Challenges and objections to jurors.

      10. 131. Juror without citation not to be objected to.

      11. 132. Jurors chosen for one trial may continue to serve.

      12. 133. Jurors may be excused.

      13. 134. Provision for death or illness of jurors.

      14. 135.(1.). Clerk to state charge, and swear jury.

      15. 136. Trial to be continuous.

      16. 137. Seclusion of jury.

      17. 137A. Verdict by judge alone.

      18. 138. Witnesses not to be excluded by reason of conviction, interest, etc.

      19. 139. Witnesses admissible notwithstanding relationship to parties.

      20. 139A. Power to permit witness to be in court during trial.

      21. 140. Presence in court not to disqualify witnesses in certain cases.

      22. 140A. No case to answer.

      23. 141. Accused and spouse competent witnesses for defence.

      24. 141ZA. Evidence of criminal record and character of accused.

      25. 141A. Evidence in relation to sexual offences.

      26. 141B. Exceptions to prohibition.

      27. 142. Evidence of accused.

      28. 143. Spouse to be competent witness.

      29. 144. Notice of spouse as witness.

      30. 145. Trial in open court.

      31. 146. Sheriff’s notes of evidence.

      32. 147. Witness may be examined, etc., as to having previously made a different statement.

      33. 148. Examination of witness.

      34. 148A. Recall of witnesses.

      35. 149. Additional evidence.

      36. 149A. Evidence in replication.

      37. 150. Admissions and agreements as to evidence.

      38. 151. Record of proceedings at examination to be received in evidence without being sworn to by witnesses.

      39. 152. Defence to speak last.

      40. 153. Seclusion of jury, etc., after retiral.

      41. 154. Oral verdicts to be returned by juries.

      42. 155. Verdicts may be returned by juries without retiring.

      43. 155A. Taking of other proceedings while jury out.

      44. 156. Interruption of trial for verdict in earlier trial.

      45. 157. Interruption of trial for plea or sentence in another cause.

      46. 158. No proceeding under section 156 or 157 of this Act to be deemed an irregularity.

      47. 159. Previous convictions.

      48. 160. Laying of previous convictions before jury.

      49. 161. Laying of previous convictions before judge.

      50. 162. Extract convictions to be received and manner of proof.

      51. 163. Extract conviction to be issued by clerk having record copy of indictment.

      52. 164. Proof of previous convictions by fingerprints.

    13. Procedure at trial involving children

      1. 165. Child under 14 not to be in court during trial of another person.

      2. 166. Power to clear court while child is giving evidence in certain cases.

      3. 167. Power to proceed with case in absence of person under 17.

      4. 168. Power of court, in respect of certain offences against a child, to refer child to Principal Reporter.

      5. 169. Restrictions on report of proceedings involving person under 16.

      6. 170. Age of criminal responsibility.

      7. 171. Presumption and determination of age of child.

      8. 172. Welfare of child.

      9. 173. Reference and remit of children’s cases by courts to children’s hearings.

    14. Procedure at trial of persons suffering from mental disorder

      1. 174. Insanity in bar of trial or as the ground of acquittal.

      2. 174ZA. Examination of facts.

      3. 174ZB. Examination of facts: supplementary provisions.

      4. 174ZC. Disposal of case where accused found to be insane.

      5. 174ZD. Appeal by accused in case involving insanity.

      6. 174ZE. Appeal by Lord Advocate in case involving insanity.

      7. 174A. Interim hospital orders.

      8. 175. Power of court to order hospital admission or guardianship.

      9. 176. Requirements as to medical evidence.

      10. 177. Supplementary provisions as to hospital orders.

      11. 178. Power of court to restrict discharge from hospital.

    15. Conviction and Sentence

      1. Adjournment and remand

        1. 179. Power of court to adjourn a case before sentence.

        2. 179A. Offence committed by person under supervision etc.: provision of local authority report.

        3. 180. Remand for inquiry into physical or mental condition.

      2. Admonition and discharge

        1. 181. Admonition.

        2. 182. Absolute discharge.

      3. Caution

        1. 182A. Caution.

      4. Probation

        1. 183. Probation.

        2. 184. Probation orders requiring treatment for mental condition.

        3. 185. Discharge and amendment of probation orders.

        4. 186. Failure to comply with requirement of probation order.

        5. 187. Commission of further offence.

        6. 188. Probation orders relating to persons residing in England.

        7. 189. Further provisions as to probation orders.

        8. 190. Supplementary provisions as to probation.

        9. 191. Effects of probation and absolute discharge.

        10. 192. Probation reports.

      5. Penalties for statutory offences

        1. 193. Power to mitigate penalties.

        2. 193A. Fines on conviction on indicment to be without limit.

        3. 193B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. Fines

        1. 194. Application of summary procedure provisions relating to fines.

        2. 195.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        3. 196. Fines, etc., may be enforced in other district.

        4. 197—202.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 203. Fines payable to H.M. Exchequer.

        6. 204.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. Imprisonment, etc.

        1. 205. Punishment for murder.

        2. 205A. Recommendation as to minimum period of detention for person convicted of murder.

        3. 206. Detention of children convicted on indictment.

        4. 206A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 207. Detention of young offenders.

        6. 208–211.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        7. 212. Recall to young offenders institution on re-conviction.

        8. 212A. Supervised release orders.

        9. 213.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        10. 214. Return to prison in case of breach of supervision.

        11. 215. Legal custody.

      8. Miscellaneous provisions as to conviction, sentence, etc.

        1. 216. Art and part guilt of statutory offence.

        2. 217. Form of sentence.

        3. 217A. Sentence following guilty plea.

        4. 218. Consideration of time spent in custody.

        5. 219. Deferred sentence.

        6. 220. Capital sentence not competent under this Act.

        7. 221. No penal servitude or hard labour.

        8. 222. No fees exigible.

        9. 223. Forfeiture of property.

        10. 223A. Disqualification in Scotland where vehicle used to commit offence.

        11. 224. Warrant of search for forfeited articles.

        12. 225. Interlocutors to be signed by clerk.

        13. 226. Record copies to be inserted in books of adjournal of High Court.

        14. 227. Indictment to be inserted in record book in sheriff court.

        15. 227A. Correction of entries.

    16. Appeal

      1. Procedure prior to hearing

        1. 228. Right of appeal.

        2. 228A. Appeal by Lord Advocate against sentence in solemn proceedings.

        3. 229.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. 230. Bill of suspension not competent.

        5. 230A. Leave to appeal.

        6. 231. Intimation of intention to appeal.

        7. 232.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        8. 233. Note of appeal.

        9. 234. Presentation of appeal in writing.

        10. 235. Applications may be made orally or in writing.

        11. 236. Proceedings in sheriff court to be furnished.

        12. 236A. Judge’s report.

        13. 236B. Computation of periods.

        14. 236C. Signing of documents.

        15. 237. Note of Proceedings.

        16. 238. Admission of appellant to bail.

        17. 239. Clerk to give notice of date of hearing.

        18. 240. Appellant may be present at hearing.

        19. 241. Notice to authorities, etc., of date of hearing.

        20. 242. Notice to Prison Commissionersof attendance of appellant at hearing.

        21. 242A.Special provision where appellant is Lord Advocate.

        22. 243. Warders to attend court.

        23. 244. Abandonment of appeal.

      2. Procedure at hearing

        1. 245. Quorum and sitting of High Court.

        2. 246. Sittings to be arranged by Lord Justice General.

        3. 247. Powers which may be exercised by a single judge.

        4. 248. Single judge may act wherever convenient.

        5. 249. Interlocutory proceedings.

        6. 250. Representation before single judge.

        7. 251. Appeal against refusal of application.

        8. 252. Powers of High Court.

        9. 253. Evidence in court or on commission.

        10. 254. Disposal of appeals.

        11. 254A. Sentencing guidelines.

        12. 254B. Convictions not to be quashed on certain grounds.

        13. 255. Supplementary provisions where High Court authorises new prosecution.

        14. 256. Frivolous appeals.

        15. 257. Failure to appear at hearing.

        16. 258. Appellant may be sentenced in absence.

        17. 259. Continuation of hearing.

        18. 260. Notice of decision of court on application.

        19. 261. Notice of determination of appeal.

        20. 262. Finality of proceedings.

      3. Further provisions as to appeals

        1. 263. Prerogative of mercy.

        2. 263A. Lord Advocate’s reference.

        3. 264. Disqualification, forfeiture, etc.

        4. 265. Fines and caution.

        5. 266. Expenses.

        6. 267. No fees exigible.

        7. 268. Reckoning of time spent pending appeal.

        8. 269. Extract convictions.

        9. 270. Custody of trial documents, etc.

        10. 271. Clerk of Justiciary to furnish forms, etc.

        11. 272. Note to be kept of appeal.

        12. 273. Register of appeals.

        13. 274.Record of trial.

        14. 275.Transcripts of record and documentary productions.

        15. 276. Declaration administered to shorthand writer.

        16. 277. Non-compliance with certain provisions may be waived.

        17. 278. Forms of procedure may be varied.

        18. 279. Interpretation of sections 228 to 278 of this Act.

        19. 280. Appeals against hospital orders, etc.

        20. 280A. Prosecution appeal by bill of advocation.

      4. Miscellaneous

        1. 281. High Court proceedings final.

        2. 282. Acts of Adjournal.

        3. 282A. Right of audience of solicitor before the High Court.

        4. 282B.Further provision as to rights of audience.

  4. Part II Summary Procedure

    1. Jurisdiction

      1. 283. Application of Part II of this Act.

      2. 283A. Offences which are to become triable only summarily.

      3. 284. Jurisdiction of inferior courts.

      4. 285. Certain crimes not to be tried in inferior courts.

      5. 286. Remit to higher court or other jurisdiction.

      6. 287. Boundaries of jurisdiction.

      7. 288. Jurisdiction of sheriff.

      8. 289. Summary powers of sheriff.

      9. 289A. Amendments relating to penalties (and mode of trial) for offences made triable only summarily.

      10. 289B. Penalties on summary conviction for offences triable either summarily or on indictment.

      11. 289C. Increase of fines for certain summary offences.

      12. 289D. Power to alter sums specified in certain provisions.

      13. 289E. Penalties for first and subsequent convictions of summary offences to be the same.

      14. 289F. Increase of fines for certain summary offences.

      15. 289G. The standard scale: amendment of enactments.

      16. 289GA. Statutory maximum as penalty in respect of summary conviction for offences in subordinate instruments.

      17. 289GB. Exceptionally high maximum fines.

      18. 289GC. Fines under secondary subordinate instruments–Scotland.

      19. 289GD. Fines on summary conviction for offences under subordinate instruments– conversion to references to levels on scale.

      20. 289H. Schedule 7D.

      21. 290. When six months’ imprisonment competent.

      22. 291. Trial of certain offences.

      23. 292. Theft outside Scotland.

      24. 293. Instructions by Lord Advocate as to reporting offences.

    2. Procedure prior to trial

      1. 294. Power of constable to take offenders into custody.

      2. 295. Interim liberation by officer in charge of police station.

      3. 296. Police liberation or detention of children arrested.

      4. 297. Committal of children to custody in place of safety.

      5. 298. All offences to be bailable.

      6. 299. Application for review of court’s decision on bail and caution.

      7. 299A. Application by prosecutor for review of court’s decision to grant bail.

      8. 300. Appeal in respect of bail.

      9. 301, 302.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      10. 303. Caution and bail.

      11. 304. Power to order parents to give security for child’s good behaviour.

      12. 305. Right of accused to have access to solicitor.

      13. 306. Separation of children from adults at courts, etc.

      14. 307. Attendance at court of parent of child charged with an offence, etc.

      15. 308. Notice to local authority of charge against a child.

      16. 309. Forms of procedure.

      17. 310. Incidental applications.

      18. 310A. Abolition of private summary prosecutions.

      19. 311. Complaint.

      20. 312. Form of the charge in complaint.

      21. 313. Mode of charging certain offences committed against two or more children under 17.

      22. 314. Orders of court on complaint.

      23. 315. Citation.

      24. 316. Manner of citation.

      25. 317. Citation of probationer.

      26. 318. Citation of offender.

      27. 319. Citation by post.

      28. 320. Apprehension of witness.

      29. 321. Warrants of apprehension and search.

      30. 322. Warrants for arrest of escaped prisoners and mental patients.

      31. 323. Warrant to search for or remove a child.

      32. 324. Backing of certain warrants from the Isle of Man.

      33. 325.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      34. 326. Service of complaints, etc.

      35. 237. Warrants granted by justice may be executed throughout Scotland.

      36. 327. Sheriff’s warrant may be executed out of district.

      37. 328. Adjournment for inquiry, etc.

      38. 329. Remand and committal of persons under 21.

      39. 330. Power of court to commit to hospital a person suffering from mental disorder.

      40. 331. Statutory offences time-limit.

      41. 331A. Prevention of delay in trials.

      42. 331B. Death, illness or absence of judge.

      43. 332. Power to recover penalties.

      44. 333. Offences by companies, etc.

      45. 333A.Adjournment for inquiry at first calling.

      46. 333B. Agreement of evidence.

    3. Trial Procedure

      1. 334. Procedure at first diet, etc.

      2. 335. Amendment of complaint.

      3. 336. Plea of guilty.

      4. 337. Plea of not guilty.

      5. 337A. Intermediate diet.

      6. 337B. Removal of accused from court.

      7. 338. Failure of accused to appear.

      8. 338A. Desertion of trial diet.

      9. 339. Alibi.

      10. 340. Examination of witness.

      11. 341. Witnesses not to be excluded by reason of conviction, interest, etc.

      12. 342. Witnesses admissible notwithstanding relationship to parties.

      13. 342A. Power to permit witness to be in court during trial.

      14. 343. Presence in court not to disqualify witnesses in certain cases.

      15. 344. Punishment of witness for contempt.

      16. 345. Administration of oath to same witness in case at same diet.

      17. 345A. No case to answer.

      18. 346. Accused and spouse competent witnesses for defence.

      19. 346A. Evidence in relation to sexual offences.

      20. 346ZA. Evidence of criminal record and character of accused.

      21. 346B. Exceptions to prohibition.

      22. 347. Evidence of the accused.

      23. 348. Spouse to be competent witness.

      24. 349. Witness may be examined etc., as to having previously made a different statement.

      25. 349A. Recall of witnesses.

      26. 350. Additional evidence.

      27. 350A. Evidence in replication.

      28. 351. Defence to speak last.

      29. 352. Record of proceedings at examination to be received in evidence without being sworn to by witnesses.

      30. 353. Proof of official documents.

      31. 354. Admissions by parties.

      32. 355. Judges equally divided.

      33. 356. Previous convictions.

      34. 357. Laying of previous convictions before court.

      35. 358. Proof of previous convictions by fingerprints.

      36. 359. Record.

      37. 360. Proceedings written or printed.

    4. Interruption of proceedings

      1. 360A. Interruption of summary proceedings for verdict in earlier trial.

    5. Procedure at trial involving children

      1. 361. Child under 14 not to be in court during trial of another person.

      2. 362. Power to clear court while child is giving evidence in certain cases.

      3. 363. Power to proceed with case in absence of person under 17.

      4. 364. Power of court, in respect of certain offences against a child, to refer child to Principal Reporter.

      5. 365.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      6. 366. Procedure when sheriff sits summarily in respect of offence by child.

      7. 367. Powers of sheriff sitting summarily.

      8. 368. Presumption and determination of age of child.

      9. 369. Age of criminal responsibility.

      10. 370. Child charged jointly with person who is not a child.

      11. 371. Welfare of child.

      12. 372. Reference and remit of children’s cases by courts to children’s hearings.

      13. 373. Reference and remit of cases of certain young persons by courts to children’s hearings.

      14. 374. Restrictions on report of proceedings involving person under 16.

    6. Procedure at Trial of Persons suffering from Mental Disorder

      1. 375. Insanity in bar of trial.

      2. 375ZA. Examination of facts.

      3. 375ZB. Examination of facts: supplementary provisions.

      4. 375ZC. Disposal of case where accused found to be insane.

      5. 375ZD. Appeal by accused in case involving insanity.

      6. 375ZE. Appeal by prosecutor in case involving insanity.

      7. 375A. Interim hospital orders.

      8. 376. Power of court to order hospital admission or guardianship.

      9. 377. Requirements as to medical evidence.

      10. 378. Supplementary provisions as to hospital orders.

      11. 379. Power of court to restrict discharge from hospital.

    7. Conviction and Sentence

      1. Adjournment and remand

        1. 380. Power of court to adjourn case before sentence.

        2. 380A. Offence committed by person under supervision etc.: provision of local authority report.

        3. 381. Remand for inquiry into physical or mental condition.

      2. Admonition and discharge

        1. 382. Admonition.

        2. 383. Absolute discharge.

      3. Probation

        1. 384. Probation.

        2. 385. Probation orders requiring treatment for mental condition.

        3. 386. Discharge and amendment of probation orders.

        4. 387. Failure to comply with requirement of probation order.

        5. 388. Commission of further offence.

        6. 389. Probation orders relating to persons residing in England.

        7. 390. Further provisions as to probation orders.

        8. 391. Supplementary provisions as to probation.

        9. 392. Effects of probation and absolute discharge.

        10. 393. Probation reports.

      4. Penalties for Statutory Offences

        1. 394. Power to mitigate penalties.

      5. Fines

        1. 395. Provisions as to fines.

        2. 395A. Power to remit fines.

        3. 396. Time for payment.

        4. 397. Application for further time for payment of fine.

        5. 398. Restriction on imprisonment after fine or caution.

        6. 399. Payment by instalments.

        7. 400. Supervision pending payment of fine.

        8. 401. Supplementary provisions as to payment of fine.

        9. 402. Fines, etc., may be enforced in other district.

        10. 403. Transfer of fine orders.

        11. 404. Action of clerk of court on transfer of fine orders.

        12. 405.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        13. 406. Substitution of custody for imprisonment where a child defaults on fine.

        14. 407. Period of imprisonment for non-payment of fine.

        15. 408. Discharge from imprisonment to be specified.

        16. 409. Payment of fine in part by prisoner.

        17. 410.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        18. 411. Recovery by civil diligence.

        19. 412. Payment of fines to be made to clerk of court.

      6. Supervised attendance orders

        1. 412A. Supervised attendance orders in place of fines for 16 and 17 year olds.

        2. 412B. Supervised attendance orders where court allows further time to pay fine.

      7. Residential and Borstal Training

        1. 413. Detention of children.

        2. 414.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        3. 415. Detention of young offenders.

        4. 416.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        5. 417.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        6. 418.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        7. 419, 420.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        8. 421. Recall to young offenders institution on re-conviction.

        9. 422.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        10. 423. Return to prison in case of breach of supervision.

        11. 424. Detention in precincts of court.

        12. 425. No imprisonment for less than five days.

        13. 426. Legal custody.

      8. Miscellaneous provisions as to conviction, sentence, etc.

        1. 427. Conviction of part only of charge.

        2. 428. Art and part guilt of statutory offence.

        3. 429.“Conviction” and “sentence” not to be used in relation to a child.

        4. 430. Forms of finding and sentence.

        5. 430A. Sentence following guilty plea.

        6. 431. Consideration of time spent in custody.

        7. 432. Deferred sentence.

        8. 433. Sentence in open court.

        9. 434. Further provision as to sentence.

        10. 435. Expenses.

        11. 436. Forfeiture of property.

        12. 436A. Disqualification in Scotland where vehicle used to commit offence.

        13. 437. Warrant of search for forfeited articles.

        14. 438. Register of children found guilty of offences.

        15. 439. Correction of entries.

        16. 439A. Amendment of records of conviction and sentence in summary proceedings.

        17. 440. Extract sufficient warrant for imprisonment.

        18. 441. Provision for court comprising more than one judge.

      9. Review

        1. 442. Right of appeal.

        2. 442ZA. Leave to appeal against conviction etc.

        3. 442A. Method of appeal against conviction or conviction and sentence.

        4. 442B. Method of appeal against sentence alone.

        5. 443. Appeals against hospital orders, etc.

        6. 443A. Suspension of disqualification, forfeiture, etc.

        7. 444. Manner and time of appeal.

        8. 445.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        9. 446. Procedure where appellant in custody.

        10. 447. Draft stated case to be prepared.

        11. 448. Adjustment and signature of case.

        12. 449. Abandonment of appeal.

        13. 450. Record of procedure in appeal.

        14. 451. Computation of time.

        15. 451A. Quorum of High Court in relation to appeals.

        16. 452. Hearing of appeal.

        17. 452A. Disposal of stated case appeal.

        18. 452B. Supplementary provisions where High Court authorises new prosecution.

        19. 453.Prosecutor’s consent to or application for setting aside of conviction.

        20. 453A. Appeal by bill of suspension or advocation on ground of miscarriage of justice.

        21. 453AA. Leave to appeal against sentence.

        22. 453B. Appeals against sentence only.

        23. 453C. Disposal of appeal by note of appeal.

        24. 453D. Disposal of appeal where appellant insane.

        25. 453E. Failure of appellant who has been granted bail to appear personally.

        26. 454. Convictions not to be quashed on certain grounds.

        27. 455. Other modes of appeal.

        28. 455A. Sentencing guidelines.

      10. Miscellaneous

        1. 456. Actions of damages in respect of proceedings under this Part of this Act.

        2. 457. Acts of Adjournal.

  5. Part III General

    1. 457ZA. Acts of Adjournal.

    2. 457A. Mode of trial of certain offences.

    3. 458. Construction of enactments referring to sentence of detention.

    4. 459. Construction of enactments referring to detention.

    5. 460. Transitional provisions and savings.

    6. 461. Consequential amendments, repeals and revocations.

    7. 462. Interpretation.

    8. 463. Extent.

    9. 464. Short title and commencement.

  6. SCHEDULES

    1. SCHEDULE 1

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

      1. (a) Any offence under the Sexual Offences (Scotland) Act 1976...

    2. SCHEDULE 2

      1. . . . . . . . . . ....

    3. SCHEDULE 3

      Composition of Juries

      1. Summoning of Jurors.—Lists of Assize

        1. 1.Where a list of assize falls to be returned upon...

      2. Jury of Men only, or of Women only

        1. 2.Any application by a prosecutor or by the accused in...

        2. 3.The judge’s decision under the foregoing rule shall be recorded...

        3. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. 5.Notwithstanding anything herein contained, it shall nevertheless be competent, in...

      3. Summoning of Jurors.—Citation

        1. 6.(1) If, prior to the date of citation of the...

      4. Selection of Jurors from the Panel

        1. 7.(1) Where any case shall be remitted to an assize...

      5. Exemptions

        1. 8.Any woman summoned to serve on a jury shall be...

        2. 9.Every citation upon a woman to attend as a juror...

        3. 10.Nothing herein contained shall prejudice— (a) the right of the...

    4. SCHEDULE 4

      1. . . . . . . . . . ....

    5. SCHEDULE 5

      Discharge and Amendment of Probation Orders

      1. Discharge

        1. 1.A probation order may on the application of the officer...

      2. Amendment

        1. 2.(1) If the court by which a probation order was...

        2. 3.Without prejudice to the provisions of the last foregoing paragraph,...

        3. 4.Where the medical practitioner or chartered psychologistby whom or under...

      3. General

        1. 5.Where the court which made the order or the appropriate...

        2. 6.On the making of an order discharging or amending a...

    6. Schedule 5A

      Supervision and Treatment Orders

      1. Part I Preliminary

        1. 1.(1) In this Schedule “ supervision and treatment order ”...

      2. Part II Making and Effect of Orders

        1. Circumstances in which orders may be made

          1. 2.(1) The court shall not make a supervision and treatment...

        2. Making of orders and general requirements

          1. 3.(1) A supervision and treatment order shall specify the local...

        3. Obligatory requirements as to medical treatment

          1. 4.(1) A supervision and treatment order shall include a requirement...

        4. Optional requirements as to residence

          1. 5.(1) Subject to sub-paragraphs (2) to (4) below, a supervision...

      3. Part III Revocation and Amendment of Orders

        1. Revocation of order in interests of health or welfare

          1. 6.Where a supervision and treatment order is in force in...

        2. Amendment of order by reason of change of residence

          1. 7.(1) This paragraph applies where, at any time while a...

        3. Amendment of requirements of order

          1. 8.(1) Without prejudice to the provisions of paragraph 7 above,...

        4. Amendment of requirements in pursuance of medical report

          1. 9.(1) Where the medical practitioner by whom or under whose...

        5. Supplemental

          1. 10.(1) On the making under paragraph 6 above of an...

          2. 11.(1) On the making under paragraph 7 or 8 above...

          3. 12.On the making, revocation or amendment of a supervision and...

    7. SCHEDULE 6

      Fines on Indictment—Payment by Instalments

      1. 1.Where a court imposes a fine on a person convicted...

      2. 2.An application, other than one made at the time the...

      3. 3.Where an application has been made as aforesaid, the Clerk...

      4. 4.The determination of any such application shall be entered in...

    8. SCHEDULE 7

      Application of Sums Paid as Part of Fine Under Section 409 of this Act

      1. All sums paid under section 409 of this Act shall...

    9. SCHEDULE 7A

      Offences Made Triable Only Summarily, and Related Amendments

    10. SCHEDULE 7B

      Alteration of Penalties on Summary Conviction of Certain Offences

      1. 1.(1) The Misuse of Drugs Act 1971 shall be amended...

      2. 2.In Schedule 4 to the Road Traffic Act 1972 (prosecution...

    11. SCHEDULE 7C

      Increase of fines for certain summary offences

    12. SCHEDULE 7D

      Fines to be Altered other than in Accordance with Sections 289E and 289F

    13. SCHEDULE 8

      Provisions of this Act referred to in section 460(8) of this Act

      1. The following are the provisions of this Act referred to...

    14. SCHEDULE 9

      Amendment of Other Enactments

      1. The Jurors (Scotland) Act 1825 (1825 c. 22)

        1. 1.In section 7, for the words from the beginning to...

        2. 2.In section 10, for the words “court whatsoever” there shall...

        3. 3.In section 13, after the word “several” there shall be...

        4. 4.In section 19, after the word “several” there shall be...

      2. The Criminal Law (Scotland) Act 1830 (1830 c. 37)

        1. 5.In section 7, for the words from “cause” to “criminal”...

        2. 6.. . . . . . . . . ....

      3. The Children and Young Persons (Scotland) Act 1937 (1937 c. 37.)

        1. 7.In section 57(3), for the words “this section” there shall...

        2. 8.In section 58A(2), for the words “this section” there shall...

        3. 9.In section 62(b), for the words from “subsection (2)” to...

        4. 10.In section 87, in subsections (1) and (3), after the...

        5. 11.In section 105(1), for the words from “provided” to the...

        6. 12.In section 110(1), the definitions of “commit for trial” and...

      4. The Law Officers Act 1944 (1944 c. 25.)

        1. 13.In section 2, in the proviso, at the end there...

      5. The Criminal Justice (Scotland) Act 1949 (1949 c. 94.)

        1. 14.In section 42(2), for the words “the Summary Jurisdiction (Scotland)...

        2. 15.. . . . . . . . . ....

        3. 16.. . . . . . . . . ....

        4. 17—29.. . . . . . . . . ....

      6. The Criminal Justice Act 1961 (1961 c. 39.)

        1. 30.In section 32(2), after paragraph (h) there shall be inserted...

      7. The Criminal Justice (Scotland) Act 1963 (1963 c. 39)

        1. 31—35.. . . . . . . . . ....

        2. 36.In Schedule 1, in paragraph 11, for the words “paragraphs...

        3. 37.In Schedule 1, in paragraph 13, for the words from...

        4. 38.In Schedule 1, in paragraph 14, after the word “Schedule”...

        5. 39.In Schedule 1, in paragraph 15, for the words “Part...

        6. 40.. . . . . . . . . ....

        7. 41.. . . . . . . . . ....

      8. The Social Work (Scotland) Act 1968 (1968 c. 49)

        1. 42.In section 37, in subsection (2), for the words from...

        2. 43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        3. 44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. The Children and Young Persons Act 1969 (1969 c. 54)

        1. 45.In Schedule 5, in paragraph 53, for the words “The...

        2. 46.In Schedule 5, in paragraph 78, for the words from...

      10. The Immigration Act 1971 (1971 c. 77)

        1. 47.In section 6(2), for the words “section 26 of the...

      11. The Criminal Justice Act 1972 (1972 c. 71)

        1. 48.In section 24, for subsection (4) there shall be substituted...

        2. 49.In section 51(2), for the words “section 39(1) of the...

      12. The Powers of Criminal Courts Act 1973 (1973 c. 62)

        1. [50.In section 10— (a) in subsection (3)(a), for the words...

      13. The Health and Safety at Work etc. Act 1974 (1974 c. 37)

        1. 51.In section 34(5)(b), for the words “23(2) of the Summary...

    15. Schedule 10

      Repeals and Revocations

      1. Part I Enactments Repealed

      2. Part II Acts of Adjournal Revoked

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Opening Options

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

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 enactedversion 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