E+W+S+N.I.

Criminal Justice (Scotland) Act 1980

1980 CHAPTER 62

An Act to make further provision as regards criminal justice in Scotland; and for connected purposes.

[13th November 1980]

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Commencement Information

I1 Act not in force at Royal Assent see s. 84(2); Act wholly in force at 15. 11. 1983 (so far as not repealed or superseded)

Part I S Police Powers

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F1 S. 1 repealed (1.4.1996) by 1995 c. 40 , ss. 6, 7(2), Sch 5 (with Sch. 3 Pt. II paras. 16, 17)

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F2 S. 2 repealed (1.4.1996) by 1995 c. 40 , ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F3 S. 3 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt II paras. 16, 17)

F4 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F4 Ss. 3A-3D repealed (19.2.2001) by 2000 c. 11, s. 125, Sch. 16 Pt. I; S.I. 2001/421, art. 2

F5 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F5 Ss. 3A-3D repealed (19.2.2001) by 2000 c. 11, s. 125, Sch. 16 Pt. I; S.I. 2001/421, art. 2

F6 3C Provisions relating to consultations and access in connection with terrorism. S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F6 Ss. 3A-3D repealed (19.2.2001) by 2000 c. 11, s. 125, Sch. 16 Pt. I; S.I. 2001/421, art. 2

F7 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F7 Ss. 3A-3D repealed (19.2.2001) by 2000 c. 11, s. 125, Sch. 16 Pt. I; S.I. 2001/421, art. 2

F8 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F8 Ss. 4-7 repealed (1.4.1996) by 1995 c. 40 ss. 6, 7(2), Sch. 5(with Sch. 3 Pt. II paras. 1, 16, 17)

F9 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F9 Ss. 4-7 repealed (1.4.1996) by 1995 c. 40 ss. 6, 7(2), Sch. 5(with Sch. 3 Pt. II paras. 1, 16, 17)

Part II E+W+S+N.I. Procedure and Evidence

Procedure E+W+S+N.I.

F10 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F10 Ss. 4-7 repealed (1.4.1996) by 1995 c. 40 ss. 6, 7(2), Sch. 5(with Sch. 3 Pt. II paras. 1, 16, 17)

F11 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F11 Ss. 4-7 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 S

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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.

Amendments (Textual)

F12 S. 8 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F13 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F13 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F14 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F14 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F15 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F15 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F16 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F16 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F17 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

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.

Amendments (Textual)

F17 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F18 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F18 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F19 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Annotations:

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.

Amendments (Textual)

F19 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F20 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F20 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F21 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F21 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F22 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F22 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F23 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F23 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch 3 Pt. II paras. 16, 17)

F24 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F24 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F25 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F25 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch 3 Pt. II paras. 16, 17)

F26 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S+N.I.

Annotations:

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.

Amendments (Textual)

F26 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F27 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F27 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F28 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F28 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F29 25 Interpretation of 1975 Act. S

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Amendments (Textual)

F29 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

Evidence S

F30 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F30 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F31 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F31 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F32 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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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.

Amendments (Textual)

F32 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F33 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F33 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F34 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F34 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 S

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Amendments (Textual)

F35 S. 31 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 and expressed to be repealed (1.4.1996) by 1995 c. 40, s. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F36 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F36 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F37 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F37 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

Appeals S

F38 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F38 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F39 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F39 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F40 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F40 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F41 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F41 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F42 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F42 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

Miscellaneous S

F43 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F43 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F44 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F44 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

Part III E+W+S+N.I. Penalties

F45 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F45 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F46 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F46 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F47 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F47 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 4, 6, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F48 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F48 Ss. 9-43 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7, Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49 S

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Amendments (Textual)

F49 Ss. 44, 45(2) repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

45 Detention of young defenders S

F50 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

(3) In the 1975 Act, sections 204 and 414 (Borstal training) and sections 209 and 418 (detention in detention centre) shall cease to have effect.

(4) Without prejudice to any specific amendment made by this Act, in Scotland a reference in any enactment to which this subsection applies—

(a) to a Borstal institution, shall be construed as a reference to a young offenders institution; and

(b) to a period of training in a Borstal institution, shall be construed as a reference to a period of detention in a young offenders institution.

(5) The enactments to which subsection (4) above applies are—

(a) any Act passed before, or during the same session as, this Act; and

(b) any subordinate legislation made before the commencement of this Act;

and in this subsection

“Act” and “subordinate legislation” have the same meanings as in the M1 Interpretation Act 1978.

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Amendments (Textual)

F50 S. 45(1)repealed (1.4.1996) by 1995 c. 40, ss. 4, 6 Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F51 Ss. 44, 45(2) repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

Modifications etc. (not altering text)

C1 The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) 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.

Marginal Citations

M1 1978 c. 13.

F52 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F52 S. 46 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F53 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F53 S. 47 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F54 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F54 S. 48 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F55 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F55 S. 49 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F56 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F56 S. 50 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

51 Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine. E+W+S+N.I.

After section 38 of the Criminal Law Act 1977 there shall be inserted the following section—

“38A Execution in different parts of the United Kingdom of warrants for imprisonment for non-payment of fine.

(1) Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested—

(a) in England and Wales, by any constable acting within his police area ;

(b) in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve ;

and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest.

(2) Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable appointed for a police area, in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine.

(3) A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested ; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom.

(4) An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851.

(5) In this section—

“fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution ;

“imprisonment” includes,in the case of a person who is under the age of 21 years, detention ;

“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland ;

“prison” means—

(i) in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution ; and

(ii) in the case of a person under that age arrested in Northern Ireland, a young offenders centre ; and

“sum adjudged to be paid by a conviction”has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964.

(6) This section shall not apply to the arrest of persons under the age of 17 years.”.

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Modifications etc. (not altering text)

C2 The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) 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.

F57 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F57 S. 52 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F58 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F58 S. 53 repealed (1.4.1996) by 1995 c. 40, s. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F59 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F59 S. 54 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 S

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Amendments (Textual)

F60 S. 55 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1, Sch. 4 paras 1, 2

56 Penalties for drunkenness. S

(1) In section 70 of the M2 Licensing (Scotland) Act 1903 (penalties for drunkenness, etc.)—

(a) in the first paragraph of subsection (1) for the words from “and may be taken” to the end of that paragraph there shall be substituted the words “ and shall be liable on summary conviction to a fine not exceeding £50 ”;

(b) in the second paragraph of that subsection for the words from “forty” to the end of that paragraph there shall be substituted the words “ £50 ” ;

(c) after that subsection there shall be inserted the following subsection—

“(1A) A constable may arrest without warrant any person who he has reasonable grounds for suspecting is committing an offence under subsection (1) above.”; and

(d) in subsection (2) for the words from “forty” to the end of the first sentence there shall be substituted the words “ £50 ”.

(2) Section 382 of the M3 Burgh Police (Scotland) Act 1892 shall cease to have effect.

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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)

C3 The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) 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.

Marginal Citations

M2 1903 c. 25.

M3 1892 c. 25.

57 Penalty for second conviction of assault on constable. S

In section 41(1)(ii) of the M4 Police (Scotland) Act 1967 (assaults on constables, etc.), at the end there shall be added the words “ or to a fine not exceeding the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975, or to both. ”.

Annotations:

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)

C4 The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) 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.

Marginal Citations

M4 1967 c. 77.

F61 Part IV E+W+S+N.I. Compensation by Offenders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

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Amendments (Textual)

F61 Part IV (ss. 58-67) repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

F66 Part V S Sporting Events: Control of Alcohol Etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F66 Part V (ss. 68-77) repealed (1.4.1996) by 1995 c. 40, ss. 4, 6 Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

Part VI E+W+S+N.I. Miscellaneous and General

F86 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F86 S. 78 repealed (1.4.1996) by 1995 c. 40, ss. 4, 6, Sch. 5 (with Sch. 3 Pt. II paras. 16, 17)

79 Grants in respect of hostel accomodation for persons under supervision. S

After section 27A of the M15 Social Work (Scotland) Act 1968 there shall be inserted the following section—

“27B Grants in respect of hostel accomodation for persons under supervision.

The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority under this Act in—

(a) providing ; or

(b) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in sub-paragraphs (i) and (ii) of section 27(1)(b) of this Act.”.

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Modifications etc. (not altering text)

C12 The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) 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.

Marginal Citations

M15 1968 c. 49.

F87 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F87 S. 80 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 16, 17) and s. 80(10) subject to an amendment by 1995 c. 40, s. 5, Sch. 4 para. 33

81 Interpretation etc. S

(1) In this Act—

• “the 1975 Act” means the M16 Criminal Procedure (Scotland) Act 1975;

• “constable” means a constable within the meaning of the M17 Police (Scotland) Act 1967.

(2) Except where the context otherwise requires, expressions used in this Act and in the 1975 Act shall have the same meanings in this Act as in that Act.

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Marginal Citations

M16 1975 c. 21.

M17 1967 c. 77.

82 Financial provisions. S

There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

83 Transitional provisions, consequential amendments and repeals. S

(1) Schedule 6 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

(2) The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified, being minor amendments or amendments consequential on the provisions of this Act.

(3) The enactments specified in Schedule 8 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

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Modifications etc. (not altering text)

C13 The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) 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.

84 Short title, commencement and extent. E+W+S+N.I.

(1) This Act may be cited as the Criminal Justice (Scotland) Act 1980.

(2) This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument; and different dates may be so appointed for different provisions or different purposes.

(3) Any order under subsection (2) above may make such transitional provision as appears to the Secretary of State to be expedient in connection with the provisions thereby brought into force.

(4) Subject to subsections (5) to (7) below, this Act extends to Scotland only.

(5) This section and the following provisions extend to England and Wales—

• section 22;

• section 51;

• section 66 for the purposes of the construction mentioned in subsection (1) of that section;

• paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6;

• paragraphs 6(a), 7 to 12, 24, 58 and 79 of Schedule 7; and

• Schedule 8 so far as relating to the M18 Criminal Justice Act 1961 and to section 365 of the 1975 Act.

(6) This section, section 22, section 51, section 66 for the purposes of the construction mentioned in subsection (1) of that section, paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6, paragraphs 6(a), 7 to 12 and 77 of Schedule 7, and Schedule 8 so far as relating to the Criminal Justice Act 1961 extend to Northern Ireland.

(7) This section, paragraphs 6(a) and 10 (a) of Schedule 7, and Schedule 8 so far as relating to section 32(2)(b) of the Criminal Justice Act 1961, extend to the Channel Islands and the Isle of Man.

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Modifications etc. (not altering text)

C14 Power of appointment conferred by s. 84(2) exercised by S.I. 1981/50, 444, 766, 1751 and 1983/1580 (in the explanatory Note to S.I. 1983/1580 it is stated that the Act is commenced in its entirety with the exception of certain repealed provisions and certain provisions which have been superseded)

Marginal Citations

M18 1961 c. 39.

SCHEDULES

F88 SCHEDULE 1 S

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Amendments (Textual)

F88 Schs. 1- 4 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17) and subject to an amendment (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22, para. 35; S.I. 1996/186, art. 3 (with s. 7(6), s. 115, s. 117)

F89 SCHEDULE 2 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F89 Schs. 1-4 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F90 SCHEDULE 3 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F90 Schs. 1-4 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F92 SCHEDULE 4 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F92 Sch. 1- 4 repealed (1.4.1996) by 1995 c. 40, s. 4, 6, Sch. 5 (with Sch. 3 Pt. II, paras. 1, 16, 17)

SCHEDULE 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

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Amendments (Textual)

F94 Sch. 5, Sch. 7 paras. 1–6, 14, 15, 17–20 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

Section 83(1).

SCHEDULE 6 E+W+S+N.I. Transitional Provisions

1 A provision contained in any of sections 6, 12 to 17, 26, 28, 29, 31, 36, 40 to 42 and 46(1)(b) of, and Schedules 1 and 4 to, this Act and any related amendment or repeal provided for in Schedule 7 or 8 to this Act, shall not apply in relation to proceedings which have been instituted before the coming into force of that provision; and, for the purposes of this paragraph, proceedings shall be taken to have been instituted on the day on which the petition or complaint is served on the accused. S

2 A provision contained in any of sections 18(2), 19, 21, 22, 27, 30 and 39 of this Act, and any such related amendment or repeal, shall not apply in relation to a trial which has commenced before the coming into force of that provision; and, for the purposes of this paragraph, a trial shall be taken to commence— E+W+S+N.I.

(a) in the case of solemn proceedings, when the oath is administered to the jury;

(b) in the case of summary proceedings, when the first witness is sworn.

3 A provision contained in any of sections 47, 48, 50 and 52 of this Act, and any such related amendment or repeal, shall not apply in relation to the enforcement of any fine or caution imposed before the coming into force of that provision. S

4 A provision contained in any of sections 46(1)(a), (c) and (d), 56(1) and 57 of this Act shall not affect the punishment for an offence committed before the coming into force of that provision. S

5 A person serving a sentence of borstal training on the date when section 45 of this Act comes into force, shall be liable to be detained in a young offenders institution, but in every other respect shall be liable to be dealt with as if the said section had not come into force. S

6 Sections 33, 35 and 37 of, and Schedule 2 to, this Act shall not apply in relation to an appeal against, or review of, an order made on the final determination of a solemn prosecution before the coming into force of those sections and that Schedule. S

7 Section 34 of, and Schedule 3 to, this Act shall not apply in relation to an appeal against an order made on the final determination of a summary prosecution before the coming into force of that section and Schedule. S

8 A provision contained in paragraph 24 of Schedule 7 to this Act shall not affect the operation of the M19 Rehabilitation of Offenders Act 1974 as regards any disposal which predates the coming into force of that provision. E+W+S+N.I.

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Marginal Citations

M19 1974 c. 53.

9 In the application of section 66 of this Act to proceedings instituted before the coming into force of the M20 Magistrates’ Courts Act 1980, for the reference to section 91 of that Act in subsection (1) of the said section 66 there shall be substituted a reference to section 72B of the M21 Magistrates’ Courts Act 1952. E+W+S+N.I.

Annotations:

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Marginal Citations

M20 1980 c. 43.

M21 1952 c. 55.

10 In the application of section 38A of the M22 Criminal Law Act 1977 to the execution of extract convictions and warrants before the coming into force of the M23 Magistrates’ Courts Act 1980, for the reference to section 150(3) of the said Act of 1980 in the said section 38A there shall be substituted a reference to section 102(4) of the Magistrates’ Courts Act 1952. E+W+S+N.I.

Annotations:

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Marginal Citations

M22 1977 c. 45.

M23 1980 c. 43.

Section 83(2).

SCHEDULE 7 E+W+S+N.I. Minor and Consequential Amendments

The Prisons (Scotland) Act 1952 (c. 61) E+W+S+N.I.

1—6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95 E+W+S+N.I.

Annotations:

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.

Amendments (Textual)

F95 Sch. 5, Sch. 7 paras. 1–6, 14, 15, 17–20 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96 E+W+S+N.I.

Annotations:

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Amendments (Textual)

F96 Sch. 7 paras. 7, 12, 50 repealed by Criminal Justice Act 1982 (c. 48), Sch. 16

8 In section 29(1) (removal for judicial purposes) after the words “young offenders centre” there shall be inserted the words “ , young offenders institution ”. E+W+S+N.I.

Annotations:

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Modifications etc. (not altering text)

C15 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

9 In section 30(3) (prisoners unlawfully at large) after the words “young offenders centre” there shall be inserted the words “ , young offenders institution ”. E+W+S+N.I.

Annotations:

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Modifications etc. (not altering text)

C16 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

10 In section 32(2) (extension throughout the United Kingdom of certain enactments relating to supervision and recall)— E+W+S+N.I.

(a) paragraph (b) shall cease to have effect ;

(b) in paragraph (f), the word “11” shall cease to have effect ; and

(c) in paragraph (i) for the words “214” there shall be substituted the words “212, 214, 421”.

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Modifications etc. (not altering text)

C17 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

11 In section 38 (construction of references to sentence of imprisonment)— E+W+S+N.I.

(a) in subsection (3)(a)—

(i) the words “corrective training, preventive detention,” shall cease to have effect ;

(ii) at the end there shall be added the words “ or young offenders institution ” ; and

(b) in subsection (5)(a), the words “in a young offenders institution” shall cease to have effect.

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Modifications etc. (not altering text)

C18 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97 E+W+S+N.I.

Annotations:

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Amendments (Textual)

F97 Sch. 7 paras. 7, 12, 50 repealed by Criminal Justice Act 1982 (c. 48), Sch. 16

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

13 In section 9(4)(a) (transfer between institutions), after the words “1957” there shall be inserted the words “ the Armed Forces Act 1976 ”. S

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Modifications etc. (not altering text)

C19 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

14, 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98 S

Annotations:

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.

Amendments (Textual)

F98 Sch. 5, Sch. 7 paras. 1–6, 14, 15, 17–20 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

The Legal Aid (Scotland) Act 1967 (c.43) S

16 In section 1 (scope and general conditions of legal aid), at the end of subsection (7) there shall be added the following proviso— S

“ :Provided that nothing in this section shall preclude a person from being given legal aid in connection with summary proceedings after conviction and before sentence where the court is considering a sentence of imprisonment or detention or the imposition of imprisonment, or detention, under section 396(2) of the Criminal Procedure (Scotland) Act 1975 in respect of failure to pay a fine, and he has not previously been sentenced to imprisonment, or detention as defined in section 41(2)(b) of the Criminal Justice (Scotland) Act 1980. ”..

Annotations:

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)

C20 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

17—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99 S

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Amendments (Textual)

F99 Sch. 5, Sch. 7 paras. 1–6, 14, 15, 17–20 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

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

F100 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F100 Sch. 7 para. 21 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4, para. 29(3), Sch. 5; S.I. 1996/3201, art. 3(7) (with s. 103(1))

[F101 The Road Traffic Act 1972 (c. 20) S

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Amendments (Textual)

F101 Sch. 7 para. 22 repealed (prosp.) by Transport Act 1981 (c. 56, SIF 107:1), Sch. 12 Pt. III

22 In section 10(4) (evidence by certificate)— S

(a) after the word “Scotland” there shall be inserted “ (a) ”; and

(b) at the end there shall be inserted the following paragraph—

“(b) A written execution purporting to be signed by the person who served a copy of the certificate or of the notice in terms of subsection (3) above, together with, where appropriate, a post office receipt for the relative registered or recorded delivery letter shall be sufficient evidence of service of such a copy.”.]

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Modifications etc. (not altering text)

C21 The text of Sch. 7 para. 22, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102 S

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Amendments (Textual)

F102 Sch. 7 para. 23 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 Pt. I

The Rehabilitation of Offenders Act 1974 (c. 53) E+W+S

24 In section 5 (rehabilitation periods for particular sentences)— E+W+S

(a) in subsection (1)(d)—

(i) after the word “life”, there shall be inserted the words “ or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975, ” ; and

(ii) for the words “or under section 57 of the Children and Young Persons (Scotland) Act 1937 (young offenders convicted of grave crimes)” there shall be substituted the words “ (young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment) ” ;

(b) in subsection (2), in Table B, in the first column—

(i) for the words “57 of the said Act of 1937” there shall be substituted the words “ 206 of the Criminal Procedure (Scotland) Act 1975 ” ; and

(ii) the words “or under section 7 of the Criminal Justice (Scotland) Act 1963” shall cease to have effect ;

(c) in subsection (5) for paragraph (c) there shall be substituted the following paragraph—

“(c) an order under section 413 of the Criminal Procedure (Scotland) Act 1975 committing a child for the purpose of his undergoing residential training ;” ; and

(d) in subsection (9)—

(i) in paragraph (a), for the words “in a young offenders institution in Scotland” there shall be substituted the words “ under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975 ” ; and

(ii) in paragraph (b) for the words “section 57 of the said Act of 1937” there shall be substituted the words “ section 206 of the said Act of 1975 ”.

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Modifications etc. (not altering text)

C22 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

The Criminal Procedure (Scotland) Act 1975 (c.21) E+W+S+N.I.

F103 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F103 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F104 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F104 Sch . 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, s. 6, 7(2), Sch 5(with Sch.3 Pt.11, paras. 1, 16, 17 )

F105 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F105 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F106 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F106 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F107 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F107 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F108 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F108 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F109 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F109 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F110 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F110 Sch . 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, s. 4,6 Sch 5 (with Sch. 3 Pt. II paras. 1, 16, 17 )

F111 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F111 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F112 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F112 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F113 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F113 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F114 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F114 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F115 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F115 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F116 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F116 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F117 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F117 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F118 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F118 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F119 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F119 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F120 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F120 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F121 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F121 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F122 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F122 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F123 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F123 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F124 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F124 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125 S

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Amendments (Textual)

F125 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F126 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F126 Sch . 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, s. 4,6 Sch 5 (with Sch.3 Pt.11, paras. 1, 16, 17 )

F127 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F127 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128 S

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Amendments (Textual)

F128 Sch. 7 paras. 7, 12, 50 repealed by Criminal Justice Act 1982 (c. 48), Sch. 16

F129 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F129 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F130 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F130 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F131 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F131 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F132 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F132 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F133 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F133 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F134 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F134 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F135 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F135 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F136 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

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Amendments (Textual)

F136 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F137 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F137 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F138 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F138 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F139 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F139 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F140 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F140 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F141 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F141 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F142 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F142 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F143 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F143 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F144 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F144 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F145 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F145 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F146 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F146 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F147 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F147 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F148 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F148 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F149 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F149 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F150 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F150 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F151 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F151 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F152 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F152 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F153 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F153 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F154 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F154 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F155 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S+N.I.

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Amendments (Textual)

F155 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

F156 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

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Amendments (Textual)

F156 Sch. 7 paras. 25-78 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 Pt. II paras. 1, 16, 17)

The Criminal Law Act 1977 (c. 45) E+W+S

79 In section 39(3) (service of summonses and citations throughout the United Kingdom)— E+W+S

(a) after the word “include” there shall be inserted “ (a) ” ; and

(b) at the end there shall be added the following paragraph—

“(b) persons authorised by a chief officer of police in England or Wales to serve summonses there.”.

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Modifications etc. (not altering text)

C23 The text of Schs. 2–4, Sch. 7 paras 8–11, 13, 16, 21, 24–49, 51–79 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.

Section 83(3).

SCHEDULE 8 E+W+S+N.I. Repeals

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Modifications etc. (not altering text)

C24 The text of Sch. 7 para. 22, Sch. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short title	Extent of repeal
7 Anne c. 21.	The Treason Act 1708.	Section 7.
39 & 40 Geo. 3. c. 93.	The Treason Act 1800.	The whole Act.
8 & 9 Vict. c. 33.	The Railways Clauses Consolidation (Scotland) Act 1845.	Section 144.
38 & 39 Vict. c. 86.	The Conspiracy, and Protection of Property Act 1875.	Section 11.
50 & 51 Vict. c. 35.	The Criminal Procedure (Scotland) Act 1887.	Schedules F and G.
55 & 56 Vict. c. 55.	The Burgh Police (Scotland) Act 1892.	Section 382.
2 & 3 Geo. 5. c. 14.	The Protection of Animals (Scotland) Act 1912.	Section 4.
23 & 24 Geo. 5. c. 12.	The Children and Young Persons Act 1933.	Section 26(5).
8 & 9 Geo. 6. c. 44.	The Treason Act 1945.	The whole Act.
12, 13 & 14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	Section 21.
		Section 75(3)(e).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.	The Prisons (Scotland) Act 1952.	Section 7(4).
		Section 19.
		In section 31(4), in paragraph (i) of the proviso, the words “, section nineteen, subsections (2) to (6) of section twenty” ; and paragraph (iv) of the proviso.
		Sections 32 and 33.
		Section 35(5)(a).
		In section 37(2), the words “Borstal institution” in both places where they occur.
8 & 9 Eliz. 2. c. 16.	The Road Traffic Act 1960.	Section 246.
9 & 10 Eliz. 2. c. 39. . . F157	The Criminal Justice Act 1961. . .	. . .
		In section 32(2), paragraph (b), and in paragraph (f “11”.
		In section 38, in subsection (3)(a) the words “corrective training, preventive detention,” ; and in subsection (5)(a) the words “in a young offenders institution”.
		In section 39(1), in paragraph (b) of the definition of “appropriate institution”, the words “England and Wales or”.
1962 c. 52.	The Penalties for Drunkeness Act 1962.	In section 1(2)(a) the words “the fist paragraph of subsection (1) of section seventy of the Licensing (Scotland) Act 1903,” and in section 1(2)(b) the words “or the said section seventy”.
1963 c. 39.	The Criminal Justice (Scotland) Act 1963.	Section 2.
		Sections 4 and 5.
		Section 9(1) and (2).
		Section 11.
		In section 50(1), the words “(other than orders made under section 11, section 12(1) or (3) or section 22)”.
1967 c. 76.	The Road Traffic Regulations Act 1967.	Section 93.
1967 c. 80.	The Criminal Justice Act 1967.	In section 60—
		in subsection (6) the words from “—(a)” to “case,” in paragraph (b); and
		in subsection (8), in paragraph (c) the letter “(a)”.
		In section 70(1) the words “corrective training or preventive detention”.
1968 c. 27.	The Firearms Act 1968.	In Schedule 6 Part II, paragraph I.
1971 c. 77.	The Immigration Act 1971.	In section 6(5) the words “(a) except in Scotland” ; and the words from “; and (b)” to the end.
1972 c. 20.	The Road Traffic Act 1972.	In Schedule 4 Part IV, paragraph 3.
1974 c. 53.	The Rehabilitation of Offenders Act 1974.	In section 5(2), in Table B the words “or under section 7 of the Criminal Justice (Scotland) Act 1963”.
1975 c. 14.	The Social Security Act 1975.	Section 147(6).
1975 c. 21.	The Criminal Procedure (Scotland) Act 1975.	In section 68(3) the words “where the accused pleads not guilty at the first diet”.
		Section 74(3).
		Sections 105 to 107.
		Sections 120 to 122.
		In section 141, the words “and the spouse of the accused” ; in proviso (b) the words “or the spouse of the accused” ; provisos (c) and (d) ; and in proviso (g) the words “or section 143 of this Act”.
		In section 191(1) the words “under this Part of this Act”.
		In section 193(2) the words from “as” to the end.
		Section 195.
		Sections 197 to 202.
		Section 204.
		Sections 208 to 211.
		In section 218 the words “in a young offenders institution as defined in section 31(1)(d) of the Prisons (Scotland) Act 1952”.
		In section 228, the proviso.
		Section 229.
		Section 232.
		In section 234 in each of subsections (1) and (3) the words “or an applicant for leave to appeal” and the words “or application for leave to appeal”.
		In section 236 the words “or application for leave to appeal”.
		In section 240 the words “and on an application for leave to appeal”.
		In section 245(3) the words “from the sheriff court”.
		In section 247 the words “to give leave to appeal” and the words “or of an application for leave to appeal”.
		Section 253(2).
		In section 257 the words “or applicant” and in both places where they occur the words “or application for leave to appeal”.
		In section 263(1) the words “or an application for leave to appeal”.
		In section 265(3) the words “either upon grounds of law alone, or with the certificate of the said judge upon any grounds mentioned in section 228(b) of this Act”.
		In section 272 the words “or of application for leave to appeal” ; in the three places where they occur the words “or application for leave to appeal” ; and the words “or application” in the fourth place where they occur.
		In section 274(1) the words “or may be authorised” and the words “or application for leave to appeal”.
		In section 277 the words “and application for leave to appeal” ; the words “or application” in both places where they occur ; the words “section 229” ; the words “section 232” ; and the words “section 233”.
		In section 285, in paragraph (b), sub-paragraph (iv), and the proviso.
		Section 289D(3)(c).
		In section 296(5) the words “(including any continuation of diet)”.
		In section 310 the word “subsequent” where it first occurs.
		In section 314(3) the words “or a later”.
		Section 337(e).
		In section 346, the words “and the spouse of the accused”; in paragraph (b) of the proviso the words “or the spouse of the accused” ; paragraphs (c) and (d) of the proviso ; and in paragraph (g) of the proviso the words “or section 348 of this Act”.
		Section 365.
		In section 392(1) the words “on indictment” and the words “under Part I of this Act”.
		In section 399(1), the words from “and it” to the end.
		Section 405.
		Section 410.
		Section 411(2).
		Section 414.
		Sections 416 to 420.
		In section 434(3) the words from “and, without” to the end.
		Section 444(6).
		Section 445.
		In section 447(2) the words from “of the form” to “or”.
		Section 448(9).
		Section 454(2).
		Section 460(5) and (6).
		Schedule 4.
		In Schedule 7B, in paragraph 1, sub-paragrahs (1)(a) and (2)(c).
		In Schedule 9, paragraph 40.
1975 c. 61.	The Child Benefit Act 1975.	Section 11(8).
1976 c. 66.	The Licensing (Scotland) Act 1976.	Section 128(2).
1976 c. 67.	The Sexual Offences (Scotland) Act 1976.	Section 7.
		Section 16.
1976 c. 71.	The Supplementary Benefits Act 1976.	Section 26(5).
1977 c. 45.	The Criminal Law Act 1977.	In Schedule 11, paragraphs 11 to 13.
1979 c. 2.	The Customs and Excise Management Act 1979.	Section 149(2).

Annotations:

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Amendments (Textual)

F157 Sch. 8: Entry relating to s. 26(5) of the Criminal Justice Act 1961 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1, Pt. I