Criminal Procedure (Scotland) Act 1995
Part I Criminal Courts
Jurisdiction and Powers
The High Court
1 Judges in the High Court.
2 Fixing of High Court sittings.
Solemn courts: general
3 Jurisdiction and powers of solemn courts.
The sheriff
4 Territorial jurisdiction of sheriff.
5 The sheriff: summary jurisdiction and powers.
JP courts
6JP courts: constitution and prosecutor.
7JP courts: jurisdiction and powers.
Sittings of sheriff and JP courts
8Sittings of sheriff and JP courts.
Territorial jurisdiction: general
9 Boundaries of jurisdiction.
9ACompetence of justice's actings outwith jurisdiction
10 Crimes committed in different districts.
10AJurisdiction for transferred cases
11 Certain offences committed outside Scotland.
11A Conspiracy to commit offences outwith Scotland
PART II Police Functions
Lord Advocate’s instructions
12 Instructions by Lord Advocate as to reporting of offences.
Detention and questioning
13 Powers relating to suspects and potential witnesses.
14 Detention and questioning at police station.
14AExtension of period of detention under section 14
14BExtension under section 14A: procedure
15Right of persons arrested or detained to have intimation sent to another person
15ARight of suspects to have access to a solicitor
16 Drunken persons: power to take to designated place.
Arrest: access to solicitor
17 Right of accused to have access to solicitor.
17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest
Prints and samples
18 Prints, samples etc. in criminal investigations.
18A Retention of samples etc. : prosecutions for sexual and violent offences
18BRetention of samples etc. where offer under sections 302 to 303ZA accepted
18CSection 18B: extension of retention period where relevant offer relates to certain sexual or violent offences
18DRetention of samples etc. taken or provided in connection with certain fixed penalty offences
18ERetention of samples etc.: children referred to children's hearings
18FRetention of samples etc. relating to children: appeals
18GRetention of samples etc: national security
19 Prints, samples etc. in criminal investigations: supplementary provisions.
19A Samples etc. from persons convicted of sexual and violent offences.
19AASamples etc. from sex offenders
19ABSection 19AA: supplementary provision in risk of sexual harm order cases
19B Power of constable in obtaining relevant physical data etc.
19CSections 18 and 19 to 19AA: use of samples etc.
20 Use of prints, samples etc.
Testing for Class A drugs
20AArrested persons: testing for certain Class A drugs
20BSection 20A: supplementary
Schedule 1 offences
21 Schedule 1 offences: power of constable to take offender into custody.
Police liberation
22 Liberation by police.
22ZAOffences where undertaking breached
22ZBEvidential and procedural provision
PART III Bail
22A Consideration of bail on first appearance
23 Bail applications.
23A Bail and liberation where person already in custody
23BEntitlement to bail and the court's function
23CGrounds relevant as to question of bail
23DRestriction on bail in certain solemn cases
24 Bail and bail conditions.
24ABail conditions: remote monitoring of restrictions on movements
24BRegulations as to power to impose remote monitoring requirements under section 24A
24CMonitoring of compliance in pursuance of requirements imposed under section 24A
24DRemote monitoring
24EDocumentary evidence in proceedings for breach of bail conditions being remotely monitored
24FBail: extradition proceedings
25 Bail conditions: supplementary.
25AFailure to accept conditions of bail under section 65(8C): continued detention of accused
26 Bail: circumstances where not available.
27 Breach of bail conditions: offences.
28 Breach of bail conditions: arrest of offender, etc.
29 Bail: monetary conditions.
30 Bail review.
31 Bail review on prosecutor’s application.
32 Bail appeal.
32ABail after conviction: prosecutor's attitude
33 Bail: no fees exigible.
PART IV Petition Procedure
Warrants
34 Petition for warrant.
Petition proceedings outwith sheriffdom
34APetition proceedings outwith sheriffdom
Judicial examination
35 Judicial examination.
36 Judicial examination: questioning by prosecutor.
37 Judicial examination: record of proceedings.
38 Judicial examination: rectification of record of proceedings.
39 Judicial examination: charges arising in different districts.
Committal
40 Committal until liberated in due course of law.
PART V Children and Young Persons
41 Age of criminal responsibility.
41AProsecution of children under 12
42 Prosecution of children.
43 Arrangements where children arrested.
44 Detention of children.
44AAppeal against detention in secure accommodation
45 Security for child’s good behaviour.
46 Presumption and determination of age of child.
47 Restriction on report of proceedings involving children.
48 Power to refer certain children to reporter.
49 Reference or remit to children’s hearing.
50 Children and certain proceedings.
51 Remand and committal of children and young persons.
PART VI Mental Disorder
Criminal responsibility of mentally disordered persons
51ACriminal responsibility of persons with mental disorder
Diminished responsibility
51BDiminished responsibility
Committal of mentally disordered persons
52 Power of court to commit to hospital an accused suffering from mental disorder.
Remit of mentally disordered persons from district court
52ARemit of certain mentally disordered persons from district court to sheriff court
Assessment orders
52BProsecutor’s power to apply for assessment order
52CScottish Ministers' power to apply for assessment order
52DAssessment order
52EAssessment order made ex proprio motu: application of section 52D
52FAssessment order: supplementary
52GReview of assessment order
52HEarly termination of assessment order
52JPower of court on assessment order ceasing to have effect
Treatment orders
52KProsecutor’s power to apply for treatment order
52LScottish Ministers' power to apply for treatment order
52MTreatment order
52NTreatment order made ex proprio motu: application of section 52M
52PTreatment order: supplementary
52QReview of treatment order
52RTermination of treatment order
52SPower of court on treatment order ceasing to have effect
Prevention of delay in trials
52TPrevention of delay in trials: assessment orders and treatment orders
Effect of assessment and treatment orders on pre-existing mental health orders
52UEffect of assessment order and treatment order on pre-existing mental health order
Interim compulsion orders
53 Interim compulsion order.
53AInterim compulsion order: supplementary
53BReview and extension of interim compulsion order
53CEarly termination of interim compulsion order
53DPower of court on interim compulsion order ceasing to have effect
Acquittal involving mental disorder
53EAcquittal involving mental disorder
Unfitness for trial
53FUnfitness for trial
...
54 Unfitness for trial: further provision.
Examination of facts
55 Examination of facts.
56 Examination of facts: supplementary provisions.
Disposal where accused found not criminally responsible
57 Disposal of case where accused found not criminally responsible or unfit for trial .
Compulsion orders
57ACompulsion order
57BCompulsion order authorising detention in hospital or requiring residence at place: ancillary provision
57CMental health officer’s report
57DCompulsion order: supplementary
Hospital orders and guardianship
58 Order for hospital admission or guardianship.
58A Application of Adults with Incapacity (Scotland) Act 2000
59 Hospital orders: restrictions on discharge.
Hospital directions
59AHospital direction
59BHospital direction: mental health officer’s report
59CHospital direction: supplementary
60 Appeals against hospital orders.
60A Appeal by prosecutor against hospital orders etc.
60B Intervention orders
60CAcquitted persons: detention for medical examination
60DNotification of detention under section 60C
Medical evidence
61 Requirements as to medical evidence.
Appeals under Part VI
62 Appeal by accused not criminally responsible or unfit for trial .
63 Appeal by prosecutor where accused found not criminally responsible or unfit for trial.
PART VII Solemn Proceedings
The indictment
64 Prosecution on indictment.
65 Prevention of delay in trials.
66 Service and lodging of indictment, etc.
67 Witnesses.
67A Failure of witness to attend for, or give evidence on, precognition.
68 Productions.
69 Notice of previous convictions.
70 Proceedings against organisations.
70ADefence statements
Pre-trial proceedings
71 First diet.
71A Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence
72 Preliminary hearing: procedure up to appointment of trial diet
72A Preliminary hearing: appointment of trial diet
72BPower to dispense with preliminary hearing
72CProcedure where preliminary hearing does not proceed
72DPreliminary hearing: further provision
72EWritten record of state of preparation in certain cases
72FEngagement, dismissal and withdrawal of solicitor representing accused
72GService etc. on accused through a solicitor
73 Preliminary diet: procedure.
74 Appeals in connection with preliminary diets.
75 Computation of certain periods.
Adjournment and alteration of diets
75AAdjournment and alteration of diets
75BRefixing diets: non-sitting days
75CRefixing diets: non-suitable days
Plea of guilty
76 Procedure where accused desires to plead guilty.
77 Plea of guilty.
Notice by accused
78 Special defences, incrimination and notice of witnesses, etc.
79 Preliminary pleas and preliminary issues.
79AObjections to admissibility of evidence raised after first diet or preliminary hearing
Alteration, etc, of diet
80 Alteration and postponement of trial diet.
81 Procedure where trial diet does not proceed.
82 Desertion or postponement where accused in custody.
83 Transfer of sheriff court solemn proceedings.
Continuation of trial diet in the High Court
83AContinuation of trial diet in the High Court
Jurors for sittings
84 Juries: returns of jurors and preparation of lists.
85 Juries: citation and attendance of jurors.
86 Jurors: excusal and objections.
Non-availability of judge
87 Non-availability of judge.
87ADisposal of preliminary matters at trial diet
Jury for trial
88 Plea of not guilty, balloting and swearing of jury, etc.
89 Jury to be informed of special defence.
90 Death or illness of jurors.
Obstructive witnesses
90AApprehension of witnesses in proceedings on indictment
90BOrders in respect of witnesses apprehended under section 90A
90CBreach of bail under section 90B(1)(b)
90DReview of orders under section 90B(1)(a) or (b)
90EAppeals in respect of orders under section 90B(1)
Trial
91 Trial to be continuous.
92 Trial in presence of accused.
93 Record of trial.
94 Transcripts of record and documentary productions.
95 Verdict by judge alone.
96 Amendment of indictment.
97 No case to answer.
97ASubmissions as to sufficiency of evidence
97BAcquittals etc. on section 97A(2)(a) submissions
97CDirections etc. on section 97A(2)(b) submissions
97DNo acquittal on “no reasonable jury” grounds
98 Defence to speak last.
99 Seclusion of jury to consider verdict.
Verdict and conviction
100 Verdict of jury.
101 Previous convictions: solemn proceedings.
101APost-offence convictions etc.
102 Interruption of trial for other proceedings.
Failure of accused to appear
102AFailure of accused to appear
PART VIII Appeals from Solemn Proceedings
103 Appeal sittings.
104 Power of High Court in appeals.
105 Appeal against refusal of application.
105AAppeal against granting of application
106 Right of appeal.
106A Appeal against automatic sentences where earlier conviction quashed.
107 Leave to appeal.
107AProsecutor's right of appeal: decisions on section 97 and 97A submissions
107BProsecutor's right of appeal: decisions on admissibility of evidence
107CAppeals under section 107A and 107B: general provisions
107DExpedited appeals
107EOther appeals under section 107A: appeal against acquittal
107F Other appeals under section 107A or 107B: appeal against directions etc.
108 Lord Advocate’s right of appeal against disposal.
108A Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.
109 Intimation of intention to appeal.
110 Note of appeal.
111 Provisions supplementary to sections 109 and 110.
112 Admission of appellant to bail.
113 Judge’s report.
113AJudge's observations in expedited appeal
114 Applications made orally or in writing.
115 Presentation of appeal in writing.
116 Abandonment of appeal.
117 Presence of appellant or applicant at hearing.
118 Disposal of appeals.
119 Provision where High Court authorises new prosecution.
120 Appeals: supplementary provisions.
121 Suspension of disqualification, forfeiture, etc.
121A Suspension of certain sentences pending determination of appeal.
122 Fines and caution.
123 Lord Advocate’s reference.
124 Finality of proceedings and Secretary of State’s reference.
125 Reckoning of time spent pending appeal.
126 Extract convictions.
127 Forms in relation to appeals.
128 Fees and expenses.
129 Non-compliance with certain provisions may be waived.
130 Bill of suspension not competent.
131 Prosecution appeal by bill of advocation.
132 Interpretation of Part VIII.
PART IX Summary Proceedings
General
133 Application of Part IX of Act.
134 Incidental applications.
135 Warrants of apprehension and search.
136 Time limit for certain offences.
136ATime limits for transferred and related cases
136B Time limits where fixed penalty offer etc. made
137 Alteration of diets.
137ZARefixing diets: non-sitting days
137ZBRefixing diets: non-suitable days
137ATransfer of sheriff court summary proceedings within sheriffdom
137BTransfer of sheriff court summary proceedings outwith sheriffdom
137CCustody cases: initiating proceedings outwith sheriffdom
137CATransfer of JP court proceedings within sheriffdom
137CBTransfer of JP court proceedings outwith sheriffdom
137CCCustody cases: initiating JP court proceedings outwith sheriffdom
137DTransfer of JP court proceedings to the sheriff court
Complaints
138 Complaints.
139 Complaints: orders and warrants.
Citation
140 Citation.
141 Manner of citation.
Children
142 Summary proceedings against children.
Companies
143 Prosecution of companies, etc.
First diet
144 Procedure at first diet.
145 Adjournment for inquiry at first calling.
145ZAAdjournment where assessment order made at first calling
145AAdjournment at first calling to allow accused to appear etc.
146 Plea of not guilty.
Pre-trial procedure
147 Prevention of delay in trials.
148 Intermediate diet.
148A Interim diet: sexual offence to which section 288C of this Act applies
148BPre-trial procedure in sheriff court where no intermediate diet is fixed
148CEngagement, dismissal and withdrawal of solicitor representing accused
148DService etc. on accused through a solicitor
149 Alibi.
149A Notice of defence plea of consent
149BNotice of defences
Failure of accused to appear
150 Failure of accused to appear.
150AProceedings in absence of accused
Non-availability of judge
151 Death, illness or absence of judge.
Trial diet
152 Desertion of diet.
152AComplaints triable together
153 Trial in presence of accused.
154 Proof of official documents.
155 Punishment of witness for contempt.
156 Apprehension of witness.
156AOrders in respect of witnesses apprehended under section 156
156BBreach of bail under section 156A(1)(b)
156CReview of orders under section 156A(1)(a) or (b)
156DAppeals in respect of orders under section 156A(1)
157 Record of proceedings.
158 Interruption of summary proceedings for verdict in earlier trial.
159 Amendment of complaint.
160 No case to answer.
161 Defence to speak last.
Verdict and conviction
162 Judges equally divided.
163 Conviction: miscellaneous provisions.
164 Conviction of part of charge.
165“Conviction” and “sentence” not to be used for children.
166 Previous convictions: summary proceedings
166A Post-offence convictions etc.
166BCharges which disclose convictions
167 Forms of finding and sentence.
168 Caution.
169 Detention in precincts of court.
Miscellaneous
170 Damages in respect of summary proceedings.
171 Recovery of penalties.
172 Forms of procedure.
PART X Appeals from Summary Proceedings
General
173 Quorum of Sheriff Appeal Court in relation to appeals.
174 Appeals relating to preliminary pleas.
175 Right of appeal.
175APower to refer points of law for the opinion of the High Court
Stated case
176 Stated case: manner and time of appeal.
176AApplication of section 176 in relation to certain appeals
177 Procedure where appellant in custody.
178 Stated case: preparation of draft.
179 Stated case: adjustment and signature.
180 Leave to appeal against conviction etc.
181 Stated case: directions by Sheriff Appeal Court.
182 Stated case: hearing of appeal.
183 Stated case: disposal of appeal.
184 Abandonment of appeal.
New prosecution
185 Authorisation of new prosecution.
Appeals against sentence
186 Appeals against sentence only.
187 Leave to appeal against sentence.
Disposal of appeals
188 Setting aside conviction or sentence: prosecutor’s consent or application.
189 Disposal of appeal against sentence.
190 Disposal of appeal where appellant not criminally responsible.
Miscellaneous
191 Appeal by suspension or advocation on ground of miscarriage of justice.
191ATime limit for lodging bills of advocation and bills of suspension
192 Appeals: miscellaneous provisions.
193 Suspension of disqualification, forfeiture etc.
193A Suspension of certain sentences pending determination of appeal.
194 Computation of time.
PART 10ZAAPPEALS FROM SHERIFF APPEAL COURT
194ZBAppeal from the Sheriff Appeal Court
194ZCAppeals: applications and procedure
194ZDApplication for permission for appeal: determination by single judge
194ZEFurther application for permission where single judge refuses permission
194ZFApplications for permission: further provision
194ZGRestriction of grounds of appeal
194ZHDisposal of appeals
194ZIProcedure where appellant in custody
194ZJAbandonment of appeal
194ZKFinality of proceedings
194ZLComputation of time
Part XA Scottish Criminal Cases Review Commission
The Scottish Criminal Cases Review Commission
194A Scottish Criminal Cases Review Commission.
References to High Court
194B Cases dealt with on indictment.
194C Grounds for reference.
194D Further provision as to references.
194DAHigh Court's power to reject a reference made by the Commission
194E Extension of Commission’s remit to summary cases.
194F Further powers.
194G Supplementary provision.
Powers of investigation of Commission
194H Power to request precognition on oath.
194I Power to obtain documents etc.
194IAPower to request assistance in obtaining information abroad
Disclosure of information
194J Offence of disclosure.
194K Exceptions from obligations of non-disclosure.
194L Consent to disclosure.
Special circumstances for disclosure
194MFurther exception to section 194J
194NEffect of the exception
194ONotification and representations etc.
194PConsent if UK interest
194QConsent if foreign interest
194RDesignated foreign authority
194SDisapplication of sections 194O to 194R
194TFinal disclosure-related matters
PART XI Sentencing
General
195 Remit to High Court for sentence.
196 Sentence following guilty plea.
197 Sentencing guidelines.
198 Form of sentence.
199 Power to mitigate penalties.
Pre-sentencing procedure
200 Remand for inquiry into physical or mental condition.
201 Power of court to adjourn case before sentence.
202 Deferred sentence.
203 Reports.
203AReports about organisations
Imprisonment, etc.
204 Restrictions on passing sentence of imprisonment or detention.
204A Restriction on consecutive sentences for released prisoners.
204BConsecutive sentences: life prisoners etc.
205 Punishment for murder.
205B Minimum sentence for third conviction of certain offences relating to drug trafficking.
205C Meaning of “conviction” for purposes of sections 205A and 205B.
205D Only one sentence of imprisonment for life to be imposed in any proceedings
206 Minimum periods of imprisonment.
207 Detention of young offenders.
208 Detention of children convicted on indictment.
209 Supervised release orders.
210 Consideration of time spent in custody.
210A Extended sentences for sex and violent offenders.
210AAExtended sentences for certain other offenders
Risk assessment
210BRisk assessment order
210CRisk assessment report
210DInterim hospital order and assessment of risk
210EThe risk criteria
210EAApplication of certain sections of this Act to proceedings under section 210C(7)
Order for lifelong restriction etc.
210FOrder for lifelong restriction or compulsion order
210GDisposal of case where certain orders not made
Report of judge
210HReport of judge
Fines
211 Fines.
212 Fines in summary proceedings.
213 Remission of fines.
214 Fines: time for payment and payment by instalments.
215 Application for further time to pay fine.
216 Fines: restriction on imprisonment for default.
217 Fines: supervision pending payment.
218 Fines: supplementary provisions as to payment.
219 Fines: periods of imprisonment for non-payment.
220 Fines: part payment by prisoners.
221 Fines: recovery by civil diligence.
222 Transfer of fine orders.
223 Transfer of fines: procedure for clerk of court.
The mutual recognition of criminal financial penalties
223ARecognition of financial penalties: requests to other member States
223BRequests to other member States: procedure on issue of certificate
223CRequests to other member States: application of provisions relating to fines
223DRequests to other member States: application of provisions relating to compensation orders
223ERequests to other member States: application of provisions relating to fixed penalties
223FRecognition of financial penalties: requests from other member States
223FARequests from other member States: procedure where no certificate
223GRequests from other member States: return of certificate
223HRequests from other member States: procedure on receipt of certificate
223IRequests from other member States: action undertaken under certificate
223JRequests from other member States: application of provisions in relation to fines
223KRequests from other member States: supplementary provisions in relation to fines
223LRequests from other member States: action for enforcement where financial penalty not recovered
223MRequests from other member States: application of provisions relating to orders for compensation
223NRequests from other member States: supplementary provisions in relation to orders for compensation
223ORequests from other member States: application of provisions relating to fixed penalties
223PTransfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland
223QThe competent authority for Scotland
223RAccrual of monies obtained from the enforcement of financial penalties
223STreatment of compensation monies
223TInterpretation of sections 223A to 223S
Fines: discharge from imprisonment and penalties
224 Discharge from imprisonment to be specified.
225 Penalties: standard scale, prescribed sum and uprating.
226 Penalties: exceptionally high maximum fines.
Enforcement of fines etc.: fines enforcement officers
226AFines enforcement officers
226BEnforcement orders
226CVariation for further time to pay
226DSeizure of vehicles
226EDeduction from benefits
226FPowers of diligence
226GReference of case to court
226HReview of actions of FEO
226HA Judicial co-operation in criminal matters: mutual recognition of financial...
226IEnforcement of fines etc.: interpretation
Caution
227 Caution.
Community payback orders
227ACommunity payback orders
227BCommunity payback order: procedure prior to imposition
227CCommunity payback order: responsible officer
227DCommunity payback order: further provision
227ERequirement to avoid conflict with religious beliefs, work etc.
227FPayment of offenders' travelling and other expenses
Offender supervision requirement
227GOffender supervision requirement
Compensation requirement
227HCompensation requirement
Unpaid work or other activity requirement
227IUnpaid work or other activity requirement
227JUnpaid work or other activity requirement: further provision
227KAllocation of hours between unpaid work and other activity
227LTime limit for completion of unpaid work or other activity
227MFine defaulters
227NOffenders subject to more than one unpaid work or other activity requirement
227ORules about unpaid work and other activity
Programme requirement
227PProgramme requirement
Residence requirement
227QResidence requirement
Mental health treatment requirement
227RMental health treatment requirement
227SMental health treatment requirements: medical evidence
227TPower to change treatment
Drug treatment requirement
227UDrug treatment requirement
Alcohol treatment requirement
227VAlcohol treatment requirement
Conduct requirement
227WConduct requirement
Community payback orders: review, variation etc.
227XPeriodic review of community payback orders
227YApplications to vary, revoke and discharge community payback orders
227ZVariation, revocation and discharge: court's powers
227ZAVariation of community payback orders: further provision
227ZBChange of offender's residence to new local authority area
Breach of community payback order
227ZCBreach of community payback order
227ZDBreach of community payback order: further provision
Restricted movement requirement
227ZERestricted movement requirement
227ZFRestricted movement requirement: effect
227ZGRestricted movement requirements: further provision
227ZHVariation of restricted movement requirement
227ZIRemote monitoring
227ZJRestricted movement requirements: Scottish Ministers' functions
227ZKDocumentary evidence in proceedings for breach of restricted movement requirement
Local authorities: annual consultation about unpaid work
227ZLLocal authorities: annual consultations about unpaid work
Annual reports on community payback orders
227ZMAnnual reports on community payback orders
Community payback order: meaning of “the appropriate court”
227ZNMeaning of “the appropriate court”
227ZOCommunity payback orders: persons residing in England and Wales or Northern Ireland
Probation
228 Probation orders.
229 Probation orders: additional requirements.
229AProbation progress review
230 Probation orders: requirement of treatment for mental condition.
230ARequirement for remote monitoring in probation order
231 Probation orders: amendment and discharge.
232 Probation orders: failure to comply with requirement.
233 Probation orders: commission of further offence.
234 Probation orders: persons residing in England and Wales.
Non-harassment orders
234A Non-harassment orders.
Antisocial behaviour orders
234AAAntisocial behaviour orders
234ABAntisocial behaviour orders: notification
234B Drug treatment and testing order.
234C Requirements and provisions of drug treatment and testing orders.
234CARequirement for remote monitoring in drug treatment and testing order
234D Procedural matters relating to drug treatment and testing orders.
234E Amendment of drug treatment and testing order.
234F Periodic review of drug treatment and testing order.
234G Breach of drug treatment testing order.
234H Disposal on revocation of drugs treatment and testing order.
234J Concurrent drug treatment and testing and probation orders.
234K Drug treatment and testing orders: interpretation.
Supervised attendance
235 Supervised attendance orders.
236 Supervised attendance orders in place of fines for 16 and 17 year olds.
237 Supervised attendance orders where court allows further time to pay fine.
Community service by offenders
238 Community service orders.
239 Community service orders: requirements.
240 Community service orders: amendment and revocation etc.
241 Community service order: commission of offence while order in force.
242 Community service orders: persons residing in England and Wales.
243 Community service orders: persons residing in Northern Ireland.
244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.
245 Community service orders: rules, annual report and interpretation.
Restriction of liberty orders
245A Restriction of liberty orders.
245B Monitoring of restriction of liberty orders.
245C Remote monitoring.
245D Combination of restriction of liberty order with other orders.
245E Variation of restriction of liberty order.
245F Breach of restriction of liberty order.
245G Disposal on revocation of restriction of liberty order.
245H Documentary evidence in proceedings under section 245F.
245I Procedure on variation or revocation of restriction of liberty order.
245JBreach of certain orders: adjourning hearing and remanding in custody etc.
Community reparation orders
245KCommunity reparation orders
245LCommunity reparation order: notification
245MFailure to comply with community reparation order: extension of 12 month period
245NFailure to comply with community reparation order: powers of court
245PExtension, variation and revocation of order
245QSections 245L, 245N and 245P: meaning of “appropriate court”
Admonition and absolute discharge
246 Admonition and absolute discharge.
247 Effect of probation and absolute discharge.
Disqualification
248 Disqualification where vehicle used to commit offence.
248A General power to disqualify offenders.
248B Power to disqualify fine defaulters.
248C Application of sections 248A and 248B.
Compensation
249 Compensation order against convicted person.
250 Compensation orders: supplementary provisions.
251 Review of compensation order.
252 Enforcement of compensation orders: application of provisions relating to fines.
253 Effect of compensation order on subsequent award of damages in civil proceedings.
Victim surcharge
253FVictim surcharge
253GThe Victim Surcharge Fund
253HApplication of receipts
253JEnforcement: application of certain provisions relating to fines
Forfeiture
254 Search warrant for forfeited articles.
European Protection Orders
254AEuropean Protection Orders: interpretation
254BIssuing of a European Protection Order
254CRecognition of a European Protection Order
254DImplementation of a recognised European Protection Order
254EModification and revocation of non-harassment orders made under section 254D
PART XII Evidence
Special capacity
255 Special capacity.
Proof of age
255A Proof of age.
Agreed evidence
256 Agreements and admissions as to evidence.
257 Duty to seek agreement of evidence.
258 Uncontroversial evidence.
Hearsay
259 Exceptions to the rule that hearsay evidence is inadmissible.
260 Admissibility of prior statements of witnesses.
261 Statements by accused.
Witness statements
261AWitness statements: use during trial
262 Construction of sections 259 to 261A.
Witnesses
263 Examination of witnesses.
264Spouse or civil partner of accused a compellable witness
265 Witnesses not excluded for conviction, interest, relationship, etc.
266 Accused as witness.
267 Witnesses in court during trial.
267ACitation of witnesses for precognition
Identification procedures
267BOrder requiring accused to participate in identification procedure
Additional evidence, etc.
268 Additional evidence.
269 Evidence in replication.
270 Evidence of criminal record and character of accused.
Special measures for child witnesses and other vulnerable witnesses
271Vulnerable witnesses: main definitions
271AChild and deemed vulnerable witnesses
271BFurther special provision for child witnesses under the age of 12
271BAAssessment of witnesses
271CVulnerable witness application
271DReview of arrangements for vulnerable witnesses
271EVulnerable witnesses: supplementary provision
271FThe accused
271GSaving provision
271HThe special measures
271HATemporary additional special measures
271HBExcluding the public while taking evidence
271ITaking of evidence by a commissioner
271JLive television link
271KScreens
271LSupporters
271MGiving evidence in chief in the form of a prior statement
Witness anonymity orders
271NWitness anonymity orders
271PApplications
271QMaking and determination of applications
271RConditions for making orders
271SRelevant considerations
271TDirection to jury
271UDischarge and variation of order
271VAppeals
271WAppeal against the making of a witness anonymity order
271XAppeal against the refusal to make a witness anonymity order
271YAppeal against a variation of a witness anonymity order
271ZAppeal against a refusal to vary or discharge a witness anonymity order
Evidence on commission and from abroad
272 Evidence by letter of request or on commission.
273 Television link evidence from abroad.
Evidence from other parts of the United Kingdom
273ATelevision link evidence from other parts of the United Kingdom
Evidence relating to sexual offences
274 Restrictions on evidence relating to sexual offences.
275 Exceptions to restrictions under section 274.
275A Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275
275B Provisions supplementary to sections 275 and 275A
Expert evidence as to subsequent behaviour of complainer
275CExpert evidence as to subsequent behaviour of complainer in certain cases
Biological material
276 Evidence of biological material.
Transcripts and records
277 Transcript of police interview sufficient evidence.
278 Record of proceedings at examination as evidence.
Documentary evidence
279 Evidence from documents.
Evidence from certain official documents
279A Evidence from certain official documents.
Routine evidence
280 Routine evidence.
281 Routine evidence: autopsy and forensic science reports.
281ARoutine evidence: reports of identification prior to trial
Sufficient evidence
282 Evidence as to controlled drugs and medicinal products.
283 Evidence as to time and place of video surveillance recordings.
284 Evidence in relation to fingerprints.
Proof of previous convictions
285 Previous convictions: proof, general.
286 Previous convictions: proof in support of substantive charge.
286AProof of previous conviction by court in other member State
PART XIII Miscellaneous
Lord Advocate
287Demission from office of Lord Advocate and Solicitor General for Scotland.
288 Intimation of proceedings in High Court to Lord Advocate.
Convention rights and EU law compatibility issues, and devolution issues
288ZARight of Advocate General to take part in proceedings
288ZBReferences of compatibility issues to the High Court or Supreme Court
288A Rights of appeal for Advocate General: compatibility issues and devolution issues.
288AAAppeals to the Supreme Court: compatibility issues
288B Appeals to the Supreme Court: general.
Dockets and charges in sex cases
288BADockets for charges of sexual offences
288BBMixed charges for sexual offences
288BCAggravation by intent to rape
Trials for sexual offences
288C Prohibition of personal conduct of defence in cases of certain sexual offences
288D Appointment of solicitor by court in such cases
Trials involving vulnerable witnesses
288EProhibition of personal conduct of defence in certain cases involving child witnesses under the age of 12
288FPower to prohibit personal conduct of defence in other cases involving vulnerable witnesses
Application of vulnerable witnesses provisions to proceedings in the district court
288GApplication of vulnerable witnesses provisions to proceedings in the district court
Treason trials
289 Procedure and evidence in trials for treason.
Certain rights of accused
290 Accused’s right to request identification parade.
291 Precognition on oath of defence witnesses.
Mode of trial
292 Mode of trial of certain offences.
Art and part and attempt
293 Statutory offences: art and part and aiding and abetting.
294 Attempt at crime.
Legal custody
295 Legal custody.
Warrants
296 Warrants for search and apprehension to be signed by judge.
297 Execution of warrants and service of complaints, etc.
297ARe-execution of apprehension warrants
Trial judge’s report
298 Trial judge’s report.
Intimation of certain applications to the High Court
298AIntimation of bills and of petitions to the nobile officium
Correction of entries
299 Correction of entries.
300 Amendment of records of conviction and sentence in summary proceedings.
Excusal of irregularities
300APower of court to excuse procedural irregularities
Rights of audience
301 Rights of audience.
Recovery of documents
301ARecovery of documents
Fixed penalties
302 Fixed penalty: conditional offer by procurator fiscal.
302ACompensation offer by procurator fiscal
302BCombined fixed penalty and compensation offer
302CRecall of fixed penalty or compensation offer
303 Fixed penalty: enforcement.
303ZAWork orders
303ZBSetting aside of offers and orders
Transfer of rights of appeal of deceased person
303A Transfer of rights of appeal of deceased person.
Electronic proceedings
303BElectronic summary proceedings
PART XIV General
304 Criminal Courts Rules Council.
305 Acts of Adjournal.
306 Information for financial and other purposes.
307Interpretation.
308 Construction of enactments referring to detention etc.
308AExpressions relating to electronic proceedings
309 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
1Any offence under Part I of the Criminal Law (Consolidation)...
1AAny offence under section 18 (rape of a young child)...
1BAny offence under section 19 (sexual assault on a young...
1CAny offence under section 20 (sexual assault on a young...
1DAny offence under section 42 of that Act (sexual abuse...
2Any offence under section 12, 15, 22 or 33 of...
2AAny offence under the Prohibition of Female Genital Mutilation (Scotland)...
2BAny offence under section 52 or 52A of the Civic...
2CAny offence under section 1, 9, 10, 11 or 12...
3Any other offence involving bodily injury to a child under...
4Any offence involving the use of lewd, indecent or libidinous...
4AAny offence under section 5 (coercing a person into being...
4BAny offence under any of sections 21 to 26 or...
SCHEDULE 2 Examples of Indictments
“A.B.(name and address, that given in the declaration being sufficient),...
“.................... You did rob Charles Doyle, a cattle dealer, of...
“.................... You did break into the house occupied by Andrew...
“.................... You did force open (or attempt to force open)...
“.................... You did place your hand in one of the...
“.................... You did assault Lewis Mann, station-master of Earlston, and...
“.................... You did, while in the employment of James Pentland,...
“.................... You did, while acting as commercial traveller to Brown...
“.................... You did pretend to Norah Omond, residing there, that...
“.................... You did reset a watch and chain, pocket book...
“.................... You did utter as genuine a bill, on which...
“.................... You did utter as genuine a letter bearing to...
“.................... You did utter a cheque signed by Henry Smith...
“.................... You did, when examined under section 45 of the...
“.................... You did, sequestration having been awarded on your estate...
“.................... You did set fire to a warehouse occupied by...
“.................... You did set fire to the shop in Brown...
“.................... You did assault Theresa Unwin, your wife, and did...
“.................... You did stab Thomas Underwood, baker, of Shiels Place,...
“.................... You did administer poison to Vincent Wontner, your son,...
“.................... You did strangle Mary Shaw, mill-worker, daughter of John...
“.................... You were delivered of a child now dead or...
“.................... You did assault Hector Morrison, carter, of 20 Buccleuch...
“.................... You did ravish Harriet Cowan, mill-worker, of 27 Tweed...
“.................... You did attempt to ravish Jane Peters, servant, at...
“.................... You did, when acting as railway signalman, cancel a...
“.................... You formed part of a riotous mob, which, acting...
“.................... You did, being the lawful husband of Helen Hargreaves,...
“.................... You being sworn as a witness in a civil...
“.................... You did suborn James Carruthers, scavenger, 12 Hercles Street,...
“.................... You did deforce John Macdonald, a sheriff officer of...
SCHEDULE 3 Indictments and Complaints
1An accused may be named and designed—
2It shall not be necessary to specify by any nomen...
3It shall not be necessary to allege that any act...
4(1) The latitude formerly used in stating time shall be...
5The word “money” shall include cheques, banknotes, postal orders, money...
6Any document referred to shall be referred to by a...
7In an indictment which charges a crime importing personal injury...
8(1) In an indictment or a complaint charging the resetting...
9(1) Where two or more crimes or acts of crime...
10(1) Under an indictment or, as the case may be,...
11In an indictment or complaint charging a contravention of an...
12In a complaint charging a contravention of an enactment—
13In the case of an offence punishable under any enactment,...
14Where— (a) any act alleged in an indictment or complaint...
15Where the evidence in a trial is sufficient to prove...
16Where, in relation to an offence created by or under...
17It shall be competent to include in one indictment or...
18In any proceedings under the Merchant Shipping Acts it shall...
19In offences inferring dishonest appropriation of property brought before a...
SCHEDULE 4 Supervision and Treatment Orders
Part I Preliminary
1(1) In this Schedule “supervision and treatment order” means an...
Part II Making and Effect of Orders
Circumstances in which orders may be made
2(1) The court shall not make a supervision and treatment...
Making of orders and general requirements
3(1) A supervision and treatment order shall specify the local...
Obligatory requirements as to medical treatment
4(1) A supervision and treatment order shall include a requirement...
Optional requirements as to residence
5(1) Subject to sub-paragraphs (2) to (4) below, a supervision...
Part III Revocation and Amendment of Orders
Revocation of order in interests of health or welfare
6Where a supervision and treatment order is in force in...
Amendment of order by reason of change of residence
7(1) This paragraph applies where, at any time while a...
Amendment of requirements of order
8(1) Without prejudice to paragraph 7 above, but subject to...
Amendment of requirements in pursuance of medical report
9(1) Where the medical practitioner by whom or under whose...
Supplemental
10(1) On the making under paragraph 6 above of an...
11(1) On the making under paragraph 7 or 8 above...
12On the making, revocation or amendment of a supervision and...
SCHEDULE 5 Forms of Complaint and Charges
The following Forms are additional to those contained in Schedule...
You did assault A.L. and strike him with your fists....
You did conduct yourself in a disorderly manner and commit...
You did threaten violence to the lieges and commit a...
You did fight and commit a breach of the peace....
You did publicly expose your person in a shameless and...
You did obtain from A.N. board and lodging to the...
You did maliciously knock down 20 metres of the coping...
You did maliciously place a block of wood on the...
You did drive a horse and cart recklessly to the...
You did break into a poultry house and steal three...
You did steal a coat which you obtained from R.O....
having received from D.G. £6 to hand to E.R., you...
having received from G.R. a watch in loan, you did...
having found a watch, you did, without trying to discover...
You did acquire from K.O., a private in the Third...
You, being a person whose estate has been sequestrated, did...
You, being the occupier of the said house, did use...
You did frequent and loiter in the said street for...
You did assault L.S., a constable of the Police, while...
. . . . . . . . . ....
You did wilfully neglect your children K.I., aged seven years;...
You are the owner of a dog which is dangerous...
You, being a parent of D.U., a child of school...
. . . . . . . . . ....
. . . . . . . . . ....
You did sell and deliver to N.C. to his prejudice...
You did take part in gaming in the street contrary...
...
...
...
...
You did present or cause to be presented to W.E.,...
. . . . . . . . . ....
. . . . . . . . . ....
You did drive a motor car recklessly contrary to section...
You did act as a pedlar without having obtained a...
. . . . . . . . . ....
You did travel in a railway carriage without having previously...
having on within the house No. Street, given birth to...
You did take two salmon during the annual close time...
You had in your possession for use for trade a...
...
...
.... . . . . . . . . ....
...
.... . . . . . . . . ....
.... . . . . . . . . ....
.... . . . . . . . . ....
...
.... . . . . . . . . ....
.... . . . . . . . . ....
SCHEDULE 7
1. . . . . . . . . ....
2. . . . . . . . . ....
3. . . . . . . . . ....
4. . . . . . . . . ....
5. . . . . . . . . ....
5A. . . . . . . . . ....
6. . . . . . . . . ....
7. . . . . . . . . ....
8. . . . . . . . . ....
SCHEDULE 8 Documentary Evidence in Criminal Proceedings
Production of copy documents
1(1) For the purposes of any criminal proceedings a copy...
Statements in business documents
2(1) Except where it is a statement such as is...
3A statement in a document shall be admissible in criminal...
Documents kept by businesses etc.
4Unless the court otherwise directs, a document may in any...
Statements not contained in business documents
5(1) In any criminal proceedings, the evidence of an authorised...
Additional evidence where evidence from business documents challenged
6(1) This sub-paragraph applies where— (a) evidence has been admitted...
General
7(1) Nothing in this Schedule— (a) shall prejudice the admissibility...
8In this Schedule— “business” includes trade, profession or other occupation;...
SCHEDULE 9 Certificates as to Proof of Certain Routine Matters
SCHEDULE 9A The Commission: Further Provisions
Membership
1Her Majesty shall, on the recommendation of the Secretary of...
2(1) Subject to the following provisions of this paragraph, a...
Members and employees
3(1) The Commission shall— (a) pay to members of the...
4(1) The Commission may appoint a chief executive and such...
5The Commission shall pay to the Minister for the Civil...
Procedure
6(1) The arrangements for the procedure of the Commission (including...
Evidence
7A document purporting to be— (a) duly executed under the...
Annual reports and accounts
8(1) As soon as possible after the end of each...
9(1) The Commission shall— (a) keep proper accounts and proper...
10For the purposes of this Schedule the Commission’s financial year...
Expenses
11The Secretary of State shall defray the expenses of the...
SCHEDULE 10 Certain Offences Triable only Summarily
Night Poaching Act 1828 (c. 69)
1Offences under section 1 of the Night Poaching Act 1828...
Public Meeting Act 1908 (c.66)
2Offences under section 1(1) of the Public Meeting Act 1908...
Post Office Act 1953 (c. 36)
3 Certain Offences Triable only Summarily
Betting, Gaming and Lotteries Act 1963 (c. 2)
4Offences under the following provisions of the Betting, Gaming and...
Theatres Act 1968 (c.54)
5Offences under section 6 of the Theatres Act 1968 (provocation...
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
6Offences under section 12(1) of the Criminal Law (Consolidation) (Scotland)...
SCHEDULE 11FINANCIAL PENALTIES SUITABLE FOR ENFORCEMENT IN SCOTLAND
Person residing in Scotland
1The financial penalty is suitable for enforcement in Scotland if...
Person having property etc. in Scotland
2The financial penalty is suitable for enforcement in Scotland if—...
Person having property etc. in Scotland and England and Wales
3(1) This paragraph applies if— (a) the certificate states that...
Person having property etc. in Scotland and Northern Ireland
4(1) This paragraph applies if— (a) the certificate states that...
Person having property etc. in Scotland and England and Wales and Northern Ireland
5(1) This paragraph applies if— (a) the certificate states that...
Interpretation
6Where the person required to pay the financial penalty is...
7In this Schedule, unless the context otherwise requires, references to...
SCHEDULE 12GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES
PART 1THE GROUNDS FOR REFUSAL
1A penalty (of any kind) has been imposed on the...
2A penalty (of any kind) has been imposed on the...
3The decision was made in respect of conduct—
4The decision to which the financial penalty relates was made...
5The decision ... was made in respect of conduct by...
5AThe certificate— (a) is incomplete (including by reason of not...
6Where the proceedings in which the decision was made were...
6A(1) The certificate— (a) indicates that the decision is neither...
7(1) The financial penalty is for an amount of less...
PART 2EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)
8Participation in a criminal organisation.
9Terrorism.
10Trafficking in human beings.
11Sexual exploitation of children and child pornography.
12Illicit trafficking in narcotic drugs and psychotropic substances.
13Illicit trafficking in weapons, munitions and explosives.
14Corruption.
15Fraud, including that affecting the financial interests of the European...
16Laundering of the proceeds of crime.
17Counterfeiting currency, including of the euro.
18Computer-related crime.
19Environmental crime, including illicit trafficking in endangered animal species and...
20Facilitation of unauthorised entry and residence.
21Murder, grievous bodily injury.
22Illicit trade in human organs and tissue.
23Kidnapping, illegal restraint and hostage-taking.
24Racism and xenophobia.
25Organised or armed robbery.
26Illicit trafficking in cultural goods, including antiques and works of...
27Swindling.
28Racketeering and extortion.
29Counterfeiting and piracy of products.
30Forgery of administrative documents and trafficking therein.
31Forgery of means of payment.
32Illicit trafficking in hormonal substances and other growth promoters.
33Illicit trafficking in nuclear or radioactive materials.
34Trafficking in stolen vehicles.
35Rape.
36Arson.
37Crimes within the jurisdiction of the International Criminal Court.
38Unlawful seizure of aircraft or ships.
39Sabotage.
40Conduct which infringes road traffic regulations, including breaches of regulations...
41Smuggling of goods.
42Infringements of intellectual property rights.
43Threats and acts of violence against persons, including violence during...
44Criminal damage.
45Theft.
46Offences created by the issuing State and serving the purpose...
PART 3INTERPRETATION
47(1) In this Schedule— (za) “certificate” means the certificate referred...
SCHEDULE13TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
PART 1ENGLAND AND WALES
1(1) This paragraph applies where the court is considering imposing...
2(1) This paragraph applies where— (a) an offender on whom...
3(1) This paragraph applies where the court is considering—
4(1) The court may not, in a community payback order...
5(1) This paragraph applies where the court—
6(1) This paragraph applies where the court has—
7(1) In this Part— “the 2003 Act ” means the...
PART 2NORTHERN IRELAND
8(1) This paragraph applies where the court is considering imposing...
9(1) This paragraph applies where— (a) an offender on whom...
10(1) This paragraph applies where the court is considering—
11(1) The court may not, in a community payback order...
12(1) This paragraph applies where the court—
13(1) This paragraph applies where the court has—
14(1) In this Part— “the 1996 Order ” means the...
TABLE OF DERIVATIONS
1Notes:
2The following abbreviations are used in the Table:— Acts of...

Criminal Procedure (Scotland) Act 1995

1995 c. 46

An Act to consolidate certain enactments relating to criminal procedure in Scotland.

C1C2C3C4C5E1I1C6C7C8Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C9

Annotations:
Commencement Information
I1

Act wholly in force on 1.4.1996, see s. 309(2)

Extent Information
E1

Act extends to Scotland; for sections extending to England and Wales, Northern Ireland and the Isle of Man, see s. 309(3)-(6).

Modifications etc. (not altering text)
C1

Act modified (1.4.1997) by S.I. 1996/3255, reg. 5

C2

Act amended (temp. from 1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 5

C3

Act extended (S.) (1.4.1996) by 1995 c. 40, ss. 1, 2(2), 7(2)

C4

Act excluded (S.) (1.4.1996) by 1995 c. 39, ss. 46(3), 53(2)

C5

Act construed (S.) (1.4.1996) with 1995 c. 39, ss. 43(2), 53(2)

C6

Act applied (3.7.2001) by S.I. 2001/1701, reg. 17, Sch. 13 para. 14(3);

Act applied (20.11.2002) by Copyright, Designs and Patents Act 1988 (c. 48), ss. 114B(6), 204B(6), 297D(6) (as inserted by Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 (c. 25), ss. 3, 4, 5; S.I. 2002/2749, art. 2)

Act applied (7.3.2005) by The Electromagnetic Compatibility Regulations 2005 (S.I. 2005/281), reg. 98(3)

Act applied (S.) (5.10.2005) by The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital)(Scotland) Regulations 2005 (S.S.I. 2005/467), {reg. 46(1)}

Act modified (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 43(1), 55(1); S.S.I. 2006/482, art. 2 (subject to art. 4)

C8

Act modified (S.) (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009, 14.12.2009 and 22.2.2010 for certain purposes, otherwise prosp.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 62(8), 84; S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

Act: power to apply conferred (S.) (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 64(5), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

Act: power to modify conferred (S.) (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 64(6)(7), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

C9

various regulations applied by 1997 c. 43, Sch. 1 para. 19B (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 7 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))