Search Legislation

Criminal Procedure (Scotland) Act 1975

Status:

This is the original version (as it was originally enacted).

  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 Procedure Prior to Trial

    2. 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.Sheriff's warrant may be executed out of district

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

      6. 17.Execution of Scottish warrants in England and vice versa

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

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

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

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

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

      12. 23.Remand and committal of persons under 21

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

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

      15. 26.Bail competent before committal

      16. 27.Renewal of application for bail after committal

      17. 28.Admission or refusal of bail after committal

      18. 29.Amount of bail

      19. 30.Application for review of court's decision on bail and caution

      20. 31.Appeal in respect of bail

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

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

      23. 34.Power of court to refund bail

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

      25. 36.Citation of persons liberated on bail at domiciles specified in bail bonds

      26. 37.Power to order parent to give security for child's good behaviour

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

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

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

    3. The Indictment

      1. 41.Indictment forms

      2. 42.Procedure on resignation, death or removal 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. 49.Quotation of statutes unnecessary

      10. 50.Latitude as to time and place

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

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

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

      14. 54." Money" to include coin, bank notes and post office orders

      15. 55.Setting forth documents unnecessary

      16. 56.Declarations, etc. not averred

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

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

      19. 59.Reset

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

      21. 61.Procedure where more than one crime charged

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

      23. 63.Attempt at crime

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

      25. 65.Superfluous particulars as to identity

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

      27. 67.Offence committed in special capacity

    4. Notice of previous convictions

      1. 68.Notice of previous convictions

    5. 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

    6. Fixing the Diets

      1. 75.Two diets

      2. 76.Notice for first diet

      3. 77.Alteration of diet

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

      1. 78.Record copy indictment and list of witnesses

      2. 79.Description of witnesses

      3. 80.Objection to witnesses

      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. 83.Accused entitled to see productions

      7. 84.Proof as to productions

    8. Preparation of Jury List, etc.

      1. 85.Forty-five jurors to be returned for trials

      2. 86.Jurors for High Court at Edinburgh

      3. 87.Jurors for High Court when on circuit

      4. 88.Area from which jury summoned to circuit court

      5. 89.Jurors in inferior courts

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

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

      8. 92.Jurors as returned to serve on trials

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

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

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

      12. 96.Notice of jury list

      13. 97.Sufficient jurors only to be summoned

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

      15. 99.Fining of jurors for non-attendance

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

    9. Delay in trial

      1. 101.Prevention of delay in trials

    10. Accelerated Trial

      1. 102.Procedure where accused desires to plead guilty

    11. First Diet

      1. 103.Sheriff court case

      2. 104.Remit to High Court for sentence

      3. 105.High Court case

      4. 106.Power to convict on plea of guilty to offence other than that charged in indictment

      5. 107.Solicitor of place of second diet may defend at both diets

      6. 108.Certain objections competent only at first diet

      7. 109.Interlocutor of relevancy unnecessary

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

      9. 111.Postponement on old warrant where diet deserted

    12. Sittings of High Court

      1. 112.Sittings of Court of Justiciary

      2. 113.Judges in High Court

      3. 114.Power to High Court to determine circuits, etc.

      4. 115.Sitting dispensed with

      5. 116.Adjournment of second diet

      6. 117.Sitting transferred where few cases

      7. 118.Trial on adjacent circuit

      8. 119.Place of certain trials

      9. 120.Notification after first diet of intention to plead guilty

    13. Procedure at Trial

      1. 121.Second diet-Transcript of procedure at first diet

      2. 122.Review at second diet in High Court

      3. 123.Amendment of indictment

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

      5. 125.On plea of not guilty, jury to be balloted and sworn

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

      7. 127.Procedure where trial does not take place

      8. 128.Provision for death or illness of judge

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

      10. 130.Challenges and objections to jurors

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

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

      13. 133.Jurors may be excused

      14. 134.Provision for death or illness of jurors

      15. 135.Clerk to state charge, and swear jury

      16. 136.Trial to be continuous

      17. 137.Seclusion of jury

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

      19. 139.Witnesses admissible notwithstanding relationship to parties

      20. 140.Presence in court not to disqualify witnesses in certain cases 141. Accused and spouse competent witnesses for defence

      21. 141.The accused and the spouse of the accused shall be...

      22. 142.Evidence of accused

      23. 143.Spouse as witness in certain cases

      24. 144.Notice of spouse as witness

      25. 145.Trial in open court

      26. 146.Sheriff's notes of evidence

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

      28. 148.Examination of witness

      29. 149.Witness may be recalled

      30. 150.Admissions and agreements as to evidence

      31. 151.Declarations to be received in evidence without being sworn to by witnesses

      32. 152.Defence to speak last

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

      34. 154.Oral verdicts to be returned by juries

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

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

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

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

      39. 159.Previous convictions

      40. 160.Laying of previous convictions before jury

      41. 161.Laying of previous convictions before judge

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

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

      44. 164.Proof of previous convictions by fingerprints

    14. 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 reporter

      5. 169.Power to prohibit publication of certain matter

      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

    15. Procedure at trial of persons suffering from mental disorder

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

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

      3. 176.Requirements as to medical evidence

      4. 177.Supplementary provisions as to hospital orders

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

    16. Adjournment and remand

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

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

    17. Admonition and discharge

      1. 181.Admonition

      2. 182.Absolute discharge

    18. 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

    19. Penalties for statutory offences

      1. 193.Power to mitigate penalties

    20. Fines

      1. 194.Time for payment

      2. 195.Payment by instalments

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

      4. 197.Imprisonment in default of payment of fine

      5. 198.Substitution of custody for imprisonment where a child defaults on fine

      6. 199.Period of imprisonment for non-payment of fine

      7. 200.Discharge from imprisonment to be specified

      8. 201.Payment of fine in part by prisoner

      9. 202.Remission of fine where young offender detained

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

    21. Borstal training

      1. 204.Borstal training

    22. Imprisonment, etc.

      1. 205.Life imprisonment for murder

      2. 206.Punishment of person under 18

      3. 207.Restriction on imprisonment of person under 17

      4. 208.Restriction on detention of person under 21

      5. 209.Detention in detention centre

      6. 210.Term of detention in a detention centre

      7. 211.Recall to Borstal on re-conviction

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

      9. 213.Revocation of licence by court

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

      11. 215.Legal custody

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

      1. 216.Art and part guilt of statutory offence

      2. 217.Form of sentence

      3. 218.Consideration of time spent in custody

      4. 219.Deferred sentence

      5. 220.Capital sentence not competent under this Act

      6. 221.No penal servitude or hard labour

      7. 222.No fees exigible

      8. 223.Forfeiture of property

      9. 224.Warrant of search for forfeited articles

      10. 225.Interlocutors to be signed by clerk

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

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

    24. Procedure prior to hearing

      1. 228.Right of appeal

      2. 229.Certificate by judge that case appealable

      3. 230.Bill of suspension not competent

      4. 231.Time for appealing

      5. 232.Calculating days of appeal, etc.

      6. 233.Forms for appeal

      7. 234.Presentation of appeal in writing

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

      9. 236.Proceedings in sheriff court to be furnished

      10. 237.Judge's notes and report to be furnished

      11. 238.Admission of appellant to bail

      12. 239.Notice to appellant of date of hearing

      13. 240.Appellant may be present at hearing

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

      15. 242.Notice to Prison Commissioners of attendance of appellant at hearing

      16. 243.Warders to attend court

      17. 244.Abandonment of appeal

    25. 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.Supplemental powers of High Court

      9. 253.Evidence in court or on commission

      10. 254.Determination of appeals

      11. 255.Substitution of verdict

      12. 256.Frivolous appeals

      13. 257.Failure to appear at hearing

      14. 258.Appellant may be sentenced in absence

      15. 259.Continuation of hearing

      16. 260.Notice of decision of court on application

      17. 261.Notice of determination of appeal

      18. 262.Finality of proceedings

    26. Further provisions as to appeals

      1. 263.Prerogative of mercy

      2. 264.Disqualification, forfeiture, etc.

      3. 265.Fines and caution

      4. 266.Expenses

      5. 267.No fees exigible

      6. 268.Reckoning of time spent pending appeal

      7. 269.Extract convictions

      8. 270.Custody of trial documents, etc.

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

      10. 272.Note to be kept of appeal

      11. 273.Register of appeals

      12. 274.Shorthand notes of trial

      13. 275.Certification of shorthand notes, etc.

      14. 276.Declaration administered to shorthand writer

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

      16. 278.Forms of procedure may be varied

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

      18. 280.Appeals against hospital orders, etc.

    27. Miscellaneous

      1. 281.High Court proceedings final

      2. 282.Acts of Adjournal

  3. Part II Summary Procedure

    1. Jurisdiction

      1. 283.Application of Part II of this Act

      2. 284.Jurisdiction of inferior courts

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

      4. 286.Remit to higher court or other jurisdiction

      5. 287.Boundaries of jurisdiction

      6. 288.Jurisdiction of sheriff

      7. 289.Summary powers of sheriff

      8. 290.When six months' imprisonment competent

      9. 291.Trial of certain offences

      10. 292.Theft outside Scotland

      11. 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.Chief constable may in certain cases accept bail

      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. 300.Appeal in respect of bail

      8. 301.Power of court to refund bail

      9. 302.Citation of persons liberated on bail at domiciles specified in bail bonds

      10. 303.Caution and bail

      11. 304.Power to order parent to give security for child's good behaviour

      12. 305.Intimation 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. 311.Complaint

      19. 312.Form of the charge in complaint

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

      21. 314.Orders of court on complaint

      22. 315.Citation

      23. 316.Manner of citation

      24. 317.Citation of probationer

      25. 318.Citation of offender

      26. 319.Citation by post

      27. 320.Apprehension of witness

      28. 321.Warrants of apprehension and search

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

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

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

      32. 325.Execution of Scottish warrants in England and vice versa

      33. 326.Service of complaints, etc.

      34. 327.Sheriff's warrant may be executed out of district

      35. 328.Adjournment for inquiry, etc.

      36. 329.Remand and committal of persons under 21

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

      38. 331.Statutory offences time-limit

      39. 332.Power to recover penalties

      40. 333.Offences by companies, etc.

    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. 338.Failure of accused to appear

      6. 339.Alibi

      7. 340.Examination of witness

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

      9. 342.Witnesses admissible notwithstanding relationship to parties

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

      11. 344.Punishment of witness for contempt

      12. 345.Administration of oath to same witness in cases at same diet

      13. 346.Accused and spouse competent witness for defence

      14. 347.Evidence of accused

      15. 348.Spouse as witness in certain cases

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

      17. 350.Witness may be recalled

      18. 351.Defence to speak last

      19. 352.Declaration of accused

      20. 353.Proof of official documents

      21. 354.Admissions by parties

      22. 355.Judges equally divided

      23. 356.Previous convictions

      24. 357.Laying of previous convictions before court

      25. 358.Proof of previous convictions by fingerprints

      26. 359.Record

      27. 360.Proceedings written or printed

    4. 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 reporter

      5. 365.Power to prohibit publication of certain matter

      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 child

    5. Procedure at Trial of Persons suffering from Mental Disorder

      1. 375.Insanity in bar of trial

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

      3. 377.Requirements as to medical evidence

      4. 378.Supplementary provisions as to hospital orders

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

    6. Adjournment and remand

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

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

    7. Admonition and discharge

      1. 382.Admonition

      2. 383.Absolute discharge

    8. 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

    9. Penalties for Statutory Offences

      1. 394.Power to mitigate penalties

    10. Fines

      1. 395.Provisions as to fines

      2. 396.Time for payment

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

      4. 398.Restriction on imprisonment after fine or caution

      5. 399.Payment by instalments

      6. 400.Supervision pending payment of fine

      7. 401.Supplementary provisions as to payment of fine

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

      9. 403.Transfer of fine orders

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

      11. 405.Imprisonment in default of payment of fine

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

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

      14. 408.Discharge from imprisonment to be specified

      15. 409.Payment of fine in part by prisoner

      16. 410.Remission of fine where young offender detained

      17. 411.Recovery by civil diligence

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

    11. Residential and Borstal Training

      1. 413.Committal for residential training

      2. 414.Borstal training

    12. Imprisonment, etc.

      1. 415.Restriction on imprisonment of person under 17

      2. 416.Restriction on detention of person under 21

      3. 417.Restriction on imprisonment of first offenders

      4. 418.Detention in a detention centre

      5. 419.Term of detention in a detention centre

      6. 420.Recall to Borstal on re-conviction

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

      8. 422.Revocation of licence by court

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

      10. 424.Detention in precincts of court

      11. 425.No imprisonment for less than five days

      12. 426.Legal custody

    13. 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. 431.Consideration of time spent in custody

      6. 432.Deferred sentence

      7. 433.Sentence in open court

      8. 434.Further provision as to sentence

      9. 435.Expenses

      10. 436.Forfeiture of implements

      11. 437.Warrant of search for forfeited articles

      12. 438.Register of children found guilty of offences

      13. 439.Correction of errors

      14. 440.Extract sufficient warrant for imprisonment

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

    14. Review

      1. 442.Appeal by stated case

      2. 443.Appeals against hospital orders, etc.

      3. 444.Manner and time of appeal

      4. 445.Caution by appellant

      5. 446.Procedure where appellant in custody

      6. 447.Draft stated case to be prepared

      7. 448.Adjustment and signature of case

      8. 449.Abandonment of appeal

      9. 450.Record of procedure in appeal

      10. 451.Computation of time

      11. 452.Hearing of appeal

      12. 453.Consent by prosecutor to set aside conviction

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

      14. 455.Other modes of appeal

    15. Miscellaneous

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

      2. 457.Acts of Adjournal

  4. Part III General

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

    2. 459.Construction of enactments referring to detention

    3. 460.Transitional provisions and savings

    4. 461.Consequential amendments, repeals and revocations

    5. 462.Interpretation

    6. 463.Extent

    7. 464.Short title and commencement

  5. Schedules

    1. Schedule 1

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

      1. a.Any offence under the Criminal Law Amendment Act 1885.

      2. b.Any offence in respect of a child under the age...

      3. c.Any offence under section 12, 13, 14, 15, 22 or...

      4. d.Any other offence involving bodily injury to a child under...

    2. Schedule 2

      Remission of Fines on Jurors

      1. 1.Applications for remission of fines imposed at any sitting of...

      2. 2.No fees or dues of court or expenses shall be...

      3. 3.No such fine shall be reported by the Clerk of...

      4. 4.In case the judge dealing with any such application shall...

      5. 5.A record of all such applications shall be entered in...

      6. 6.Medical certificates and reasons for non-attendance as jurors either (a)...

    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.If the second diet is appointed to be held in...

        3. 4.In all cases in which such an application shall be...

        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

      Enactments referred to in sections 143 and 348 of this Act

    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 by whom or under whose direction...

      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 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...

    7. Schedule 7

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

    8. Schedule 8

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

    9. 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 "...

        3. 3.In section 13, after the word " several" there shall...

        4. 4.In section 19, after the word " several" there shall...

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

        1. 5.In section 7, for the words from " cause "...

      3. The Interpretation Act 1889 (1889 c. 63)

        1. 6.In section 13(8), at the end there shall be added...

      4. 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 "...

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

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

        5. 11.In section 105(1), for the words from " provided "...

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

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

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

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

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

      7. The Magistrates' Courts Act 1952 (1952 c. 55)

        1. 15.In section 72J3— (a) in subsection (1), for the words...

      8. The Prisons (Scotland) Act 1952 (1952 c. 61)

        1. 16.In section 32(2), after the words " Act of 1963...

      9. The Mental Health (Scotland) Act 1960 (1960 c. 61)

        1. 17.In section 58(1), after the words " hospital order "...

        2. 18.In section 58(2), after the word " order " there...

        3. 19.In section 58(4), for the words " subsection (4) of...

        4. 20.In section 59(2), for the words " said period of...

        5. 21.In section 60(3), after the word "discharge" there shall be...

        6. 22.In section 60(5), for the words " the last foregoing...

        7. 23.In section 64(3), for the words from " subsection "...

        8. 24.In section 66(7)(a), for the words from " section 63...

        9. 25.In section 67, in subsection (1), after the words "...

        10. 26.In section 68, in subsection (1), for the words "...

        11. 27.In section 72(3), the words " and (4) " shall...

        12. 28.In section 111(1), in the definition of "hospital order" and...

        13. 29.In section 111(4), after the words "Part V of this...

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

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

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

        1. 31.In section 2(1), in paragraph (d), after the words "Act...

        2. 32.In section 9(2), after the words " purposes of this...

        3. 33.In section 10(3), after the words "this Act" there shall...

        4. 34.In section 11(1) and in proviso (b) to section 11(2),...

        5. 35.In section 26(2), paragraph (a) shall be omitted, and for...

        6. 36.In Schedule 1, in paragraph 11, for the words "...

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

        8. 38.In Schedule 1, in paragraph 14, after the word "Schedule"...

        9. 39.In Schedule 1, in paragraph 15, for the words "Part...

      12. The Criminal Justice Act 1967 (1967 c. 80)

        1. 40.In section 61(4)(a), for the words " section 57 and...

        2. 41.In section 62, in subsections (9) and (10), after the...

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

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

        2. 43.In section 56(5), for the words " as aforesaid "...

        3. 44.In section 57(2), for the words " the foregoing subsection...

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

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

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

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

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

      16. 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...

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

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

      18. 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...

    10. 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 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