Criminal Procedure (Scotland) Act 1975

20 Accused at examination need not emit a declaration. S

(1) Where the accused is brought before the sheriff for examination on any charge and he or his solicitor intimates that he does not desire to emit a declaration in regard to such charge, it shall be unnecessary to take a declaration, and [F1 subject to section 20A of this Act] the accused may be committed for further examination or until liberated in due course of law without a declaration being taken.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The foregoing provisions of this section shall not prejudice the right of the accused subsequently to emit a declaration on intimating to the prosecutor his desire to do so [F3 ; and that declaration shall be taken in further examination.]

[F4 (3A) An accused person may, where subsequent to examination (or further examination) on any charge the prosecutor desires to question him as regards an extrajudicial confession (whether or not a full admission) allegedly made by him, to or in the hearing of an officer of police, which is relevant to the charge and as regards which he has not previously been examined, be brought before the sheriff for further examination.

(3B) Where the accused is brought before the sheriff for further examination it shall be in the power of the sheriff to delay that examination for a period not exceeding 24 hours in order to allow time for the attendance of the accused’s solicitor.

(3C) Any proceedings before the sheriff in examination or further examination shall be conducted in chambers and outwith the presence of any co-accused.]

(4) The provisions of this section shall apply to procedure under indictment, without prejudice to the accused being tried summarily by the sheriff for any offence in respect of which he has been committed until liberated in due course of law.

Textual Amendments

F1 Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 6(1)(a), Sch. 6 para. 1

F2 S. 20(2) repealed (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 12, Sch. 7 Pt. I; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F3 Words added by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 6(1)(b), Sch. 6 para. 1

F4 S. 20(3A)–(3C) inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 6(1)(c), Sch. 6 para. 1