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Criminal Procedure (Scotland) Act 1975

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This is the original version (as it was originally enacted).

285Certain crimes not to be tried in inferior courts

A court of summary jurisdiction other than the sheriff court shall not have jurisdiction to try or to pronounce sentence in, but shall, to the extent and in the manner mentioned in the next following section, be entitled to take cognizance of the case of any person—

(a)found within the jurisdiction of such court, and brought before it accused or suspected of having committed at any place beyond the jurisdiction of such court any offence, or

(b)brought before such court accused or suspected of having committed within the jurisdiction thereof any of the following offences:—

(i)murder, culpable homicide, robbery, rape, wilful fire-raising, or attempt at wilful fire-raising:

(ii)stouthrief, theft by housebreaking, or housebreaking with intent to steal:

(iii)theft or reset of theft, falsehood fraud or wilful imposition, breach of trust or embezzlement, all to an amount exceeding £25:

(iv)any of the offences specified in the last foregoing head, or any attempt thereat, where the accused is known to have been previously convicted of any offence inferring dishonest appropriation of property :

(v)assault whereby any limb has been fractured, or assault with intent to ravish, or assault to the danger of life, or assault by stabbing:

(vi)uttering forged documents or uttering forged bank or banker's notes, or offences under the Acts relating to coinage :

Provided that a person who has been dismissed with an admonition or in whose case a probation order has been made without any sentence having been subsequently pronounced, shall for the purposes of this section be deemed not to have been convicted.

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