Criminal Procedure (Scotland) Act 1975

[F1 50 Latitude as to time and place. S

(1) The latitude formerly in use to be taken in stating time in indictments at the instance of Her Majesty’s Advocate shall be implied in all statements of time where an exact time is not of the essence of the charge.

(2) The latitude formerly in use to be taken in stating any place in such indictments by adding to the word “at”, or to the word “in”, the words “or near”, or the words “or in the near neighbourhood thereof” or similar words, shall be implied in all statements of place where the actual place is not of the essence of the charge.

(3) Where the circumstances of the offence charged make it necessary to take an exceptional latitude in regard to time or place it shall not be necessary to set forth such circumstances in the indictment, or to set forth that the particular time or the particular place is to the prosecutor unknown:

Provided that where exceptional latitude is taken, the court shall, if satisfied that such exceptional latitude was not reasonable in the circumstances of the case, give such remedy to the person accused by adjournment of the trial or otherwise as shall seem just.

[F2 (4) Notwithstanding subsection (3) above, nothing in any rule of law shall prohibit the amendment of an indictment to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused.]]

Textual Amendments

F1 Act repealed (S.) (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 6(1), Sch. 5 (with savings in ss. 4, 6(2), Sch. 3 paras. 3, 16, Sch. 6)

F2 S. 50(4) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 20; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2