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Criminal Procedure (Scotland) Act 1975

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Section 461.

Schedule 10E+W+S Repeals and Revocations

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1The text of s. 461 and Schedule 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W+S Enactments Repealed

Session and ChapterShort TitleExtent of Repeal
1587 c. 54.The Jurors Act 1587.Section 10.
1587 c. 57.The Criminal Justice Act 1587.Sections 10 and 11.
1672 c. 40.The Courts Act 1672.Section 3.
Section 8.
Section 10.
1693 c. 43.The Criminal Procedure Act 1693.The whole Act.
1701 c. 6.The Criminal Procedure Act 1701.The words from “Our Sovereign” to “void and null”.
54 Geo. 3. c. 67.The Justiciary Courts (Scotland) Act 1814.Sections 1 to 4.
6 Geo. 4. c. 22.The Jurors (Scotland) Act 1825.Sections 8 and 9.
In section 14, the proviso.
Sections 15 and 16.
Section 17, so far as relating to criminal trials.
Section 18.
Section 20.
7 Geo. 4. c. 8.The Juries (Scotland) Act 1826.Sections 4 and 5 so far as relating to returns to criminal courts.
9 Geo. 4. c. 29.The Circuit Courts (Scotland) Act 1828.Section 2.
Section 5.
Section 7.
Section 10.
Section 12.
Section 14.
Section 17.
Section 21.
Section 23.
11 Geo. 4 & 1 Wm. 4. c. 37.The Criminal Law (Scotland) Act 1830.Section 8.
Section 12.
1 & 2 Vict. c. 119.The Sheriff Courts (Scotland) Act 1838.Section 25.
3 & 4 Vict. c. 59.The Evidence (Scotland) Act 1840.Sections 1, 3 and 4 so far as relating to criminal proceedings.
11 & 12 Vict. c. 79.The Justiciary (Scotland) Act 1848.Section 4.
Section 7.
Sections 11 and 12.
15 & 16 Vict. c. 27.The Evidence (Scotland) Act 1852.Sections 1, 3 and 4 so far as relating to criminal proceedings.
16 & 17 Vict. c. 80.The Sheriff Courts (Scotland) Act 1853.Section 34.
31 & 32 Vict. c. 95.The Court of Justiciary (Scotland) Act 1868.Section 1.
Section 10.
Section 16.
Section 18.
50 & 51 Vict. c. 35.The Criminal Procedure (Scotland) Act 1887.Sections 1 and 2.
In section 3, the words from “and all indictments” to the end of the section.
Sections 4 to 44.
Sections 47 to 76.
51 & 52 Vict. c. 36.The Bail (Scotland) Act 1888.The whole Act.
61 & 62 Vict. c. 36.The Criminal Evidence Act 1898.The whole Act, except so far as relating to courts-martial.
7 Edw. 7. c. 51.The Sheriff Courts (Scotland) Act 1907.Section 4 so far as relating to criminal proceedings.
8 Edw. 7. c. 65.The Summary Jurisdiction (Scotland) Act 1908.Section 2.
Section 10.
Section 19(3) and (5).
Section 30.
Section 43.
Sections 45 to 47.
Section 77.
6 & 7 Geo. 5. c. 50.The Larceny Act 1916.Section 39(2) and (3).
9 & 10 Geo. 5. c. 71.The Sex Disqualification (Removal) Act 1919.Sections 1 and 4(2) so far as relating to criminal proceedings.
11 & 12 Geo. 5. c. 50.The Criminal Procedure (Scotland) Act 1921.The whole Act.
15 & 16 Geo. 5. c. 81.The Circuit Courts and Criminal Procedure (Scotland) Act 1925.The whole Act
16 & 17 Geo. 5. c. 15.The Criminal Appeal (Scotland) Act 1926.Sections 1 to 3.
In section 4(1), the first and second sentences.
Sections 5 to 18.
23 & 24 Geo. 5. c. 41.The Administration of Justice (Scotland) Act 1933.Section 19.
Section 21.
1 Edw. 8 & 1 Geo. 6. c. 37.The Children and Young Persons (Scotland) Act 1937.Sections 24 and 25.
Sections 39 to 45.
Section 46 so far as relating to criminal proceedings.
Sections 47 to 55.
Section 57(1) and (2).
Section 58.
Section 58A(1).
Section 59(2), (3) and (4).
Section 63.
Section 67.
Section 103.
Schedule 1.
3 & 4 Geo. 6. c. 42.The Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.Section 8.
12, 13 & 14 Geo. 6. c. 94.The Criminal Justice (Scotland) Act 1949.Part I, except sections 21 and 42.
Section 67.
Section 79(2).
Schedule 2.
In Schedule 11, the entries relating to the Criminal Procedure (Scotland) Act 1887 and the Children and Young Persons (Scotland) Act 1937 (other than section 62 thereof).
2 & 3 Eliz. 2. c. 48.The Summary Jurisdiction (Scotland) Act 1954.Sections 1 to 73.
In section 74, in subsection (1), the first sentence, and subsection (2).
Section 75.
Section 76(1)(a), (b) and (c).
Section 77, except for the definition of “High Court”.
Section 78.
Schedule 1.
Schedule 4.
8 & 9 Eliz. 2. c. 23.The First Offenders (Scotland) Act 1960.The whole Act.
8 & 9 Eliz. 2. c. 61.The Mental Health (Scotland) Act 1960.Sections 54 and 55.
Section 57(1) to (4).
Section 59(1).
Section 60(1), (2) and (4).
Sections 62 and 63.
Section 96(5).
In Schedule 4, the entry relating to the Criminal Justice (Scotland) Act 1949.
1963 c. 37.The Children and Young Persons Act 1963.In section 57, subsection (2) and, in subsection (4), the words “and 54”.
1963 c. 39.The Criminal Justice (Scotland) Act 1963.Section 1.
Section 2(2).
Section 3.
Sections 6 to 8.
Section 13.
Sections 16 and 17.
Sections 23 to 25.
Section 26(1).
Sections 27 to 47.
In section 53(1), the words “sections 39 and 40”.
In section 53(3), the words “section 38”.
In Schedule 1, paragraphs 4 to 10.
In Schedule 3, Part I.
In Schedule 5, the entries relating to the Summary Jurisdiction (Scotland) Act 1954 and the First Offenders (Scotland) Act 1960.
1965 c. 39.The Criminal Procedure (Scotland) Act 1965.The whole Act.
1965 c. 71.The Murder (Abolition of Death Penalty) Act 1965.Section 1(1), (2), (3) and (5) except so far as relating to courts-martial.
1966 c. 19.The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966.Section 9.
1967 c. 80.The Criminal Justice Act 1967.Section 48(1).
Section 54(6) and (8).
Section 62(8).
Section 64(2)(c).
Section 68.
Section 72(1) to (4).
Section 93(3).
In Schedule 6, paragraph 21.
1968 c. 49.The Social Work (Scotland) Act 1968.Section 56, except subsection (5).
Section 57(1).
In Schedule 2, in Part I, in paragraph 2, the words “(except in section 54)”.
In Schedule 2, Part II, except in paragraph 16, section 58A(2) and (3) of the Children and Young Persons (Scotland) Act 1937, and paragraphs 7 and 18.
In Schedule 8, paragraphs 1, 22 to 31, 55, 56 and 69 to 72.
1969 c. 54.The Children and Young Persons Act 1969.In Schedule 5, paragraphs 25, 26, 67 and 68.
In Schedule 5, in paragraph 65(2), the words “and 13”.
1972 c. 71.The Criminal Justice Act 1972.Section 23.
1973 c. 62.The Powers of Criminal Courts Act 1973.In section 53, the words from “or under” to “1949”.
In section 58(a), the word “53”.
In Schedule 5, paragraphs 3, 8, 11, 18 and 19.
1973 c. 65.The Local Government (Scotland) Act 1973.In Schedule 27, paragraphs 6, 7 and 15.

Part IIS Acts of Adjournal Revoked

Year and date or numberTitleExtent of revocation
1815 (June 26).Act of adjournal—High Court (Scotland) Fines and Forfeited Penalties—1815 (June 26).The words from “all fines imposed” (where those words first occur) to “otherwise disposed of”.
1817 (Sep. 9).Act of adjournal—Swearing the same Assize on different trials—1817 (Sep. 9).The whole Act.
1821 (July 9).Act of Adjournal—Doubles of Indictments and Criminal Letters—1821 (July 9).The whole Act.
1849 (Aug. 1)Act of adjournal—Procedure and Records in the High Court—1849 (Aug. 1).Sections III and V.
1879 (Feb. 22).Act of Adjournal—Sentences of Imprisonment—1879 (Feb. 22).The whole Act.
1887 (Nov. 3).Act of Adjournal—Summoning of Jurors and Report under Public Record (Scotland) Act 1809—1887 (Nov. 3).Section 3(3).
1900 (Mar 20).Act of Adjournal—Fine or Imprisonment (Scotland and Ireland) Act 1899—1900 (Mar. 20).The whole Act.
1909 (Mar. 20).Act of Adjournal—Appeals under section 63 of the Summary Jurisdiction (Scotland) Act 1908—1909 (Mar. 20).The whole Act.
1920 No.2462.Act of Adjournal—Return of Jurors for Sittings of High Court at Edinburgh—1920 No.2462.The whole Act.
1921 No.167.Act of Adjournal—Sex Disqualification (Removal) Act 1919 and Jurors (Enrolment of Women) (Scotland) Act 1920—1921 No.167.The whole Act.
1925 No.366.Act of Adjournal—Absent Jurors, Application and Remissions of Fines—1925 No. 366.The whole Act.
1926 No.1373.Act of Adjournal—Criminal Appeal (Scotland) Act 1926—1926 No.1373.The whole Act, except section 19(b) and the Schedule.
1935 (Mar. 22).Act of Adjournal—Shorthand Notes at Criminal Trials—1935 (Mar. 22).The whole Act.
1936 No.1151.Act of Adjournal—Verdicts and Sentences—1936 No.1151.The whole Act.
1950 (June 15).Act of Adjournal Fines on Indictments (Payment by Instalments) 1950 (1950 (June 15)).The whole Act.
S.I. 1964/249.Act of Adjournal (Summary Procedure) 1964 (1964 No.249).The whole Act, except sections 13 and 14 and the Schedule.
S.I. 1966/694.Act of Adjournal (Procedure in Criminal Trials Amendment) 1966 (1966 No.694).The whole Act.

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