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Part IS Criminal Courts

Jurisdiction and PowersS

Territorial jurisdiction: generalS

9 Boundaries of jurisdiction.S

(1)Where an offence is committed in any harbour, river, arm of the sea or other water (tidal or otherwise) which runs between or forms the boundary of the jurisdiction of two or more courts, the offence may be tried by any one of such courts.

(2)Where an offence is committed on the boundary of the jurisdiction of two or more courts, or within the distance of 500 metres of any such boundary, or partly within the jurisdiction of one court and partly within the jurisdiction of another court or courts, the offence may be tried by any one of such courts.

(3)Where an offence is committed against any person or in respect of any property in or on any carriage, cart or vehicle employed in a journey by road or railway, or on board any vessel employed in a river, loch, canal or inland navigation, the offence may be tried by any court through whose jurisdiction the carriage, cart, vehicle or vessel passed in the course of the journey or voyage during which the offence was committed.

(4)Where several offences, which if committed in one sheriff court district could be tried [F1together] , are alleged to have been committed by any person in different sheriff court districts, the accused may be tried for all or any of those [F2 offences—

(a)under one indictment or complaint before the sheriff of any one of the districts; or

(b)under one complaint in the JP court for any one of the districts.]

(5)Where an offence is authorised by this section to be tried by any court, it may be dealt with, heard, tried, determined, adjudged and punished as if the offence had been committed wholly within the jurisdiction of such court.

Textual Amendments

F1Word in s. 9(4) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 9(6)(a); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

F2Words in s. 9(4) substituted (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009 for certain purposes, otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 9(6)(b); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

[F39ACompetence of justice's actings outwith jurisdictionS

[F4It is competent for a justice, even if not present within his jurisdiction, to sign any warrant, judgment, interlocutor or other document relating to proceedings within that jurisdiction provided that when he does so he is present within Scotland.]]

Textual Amendments

F4S. 9A repealed (10.12.2007, 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. 80, 84, Sch. para. 9(7); S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527); S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

10 Crimes committed in different districts.S

(1)Where a person is alleged to have committed in more than one sheriff court district a crime or crimes to which subsection (2) below applies, he may be [F5prosecuted in] the sheriff court [F6or JP court] of such one of those districts as the Lord Advocate determines.

(2)This subsection applies to—

(a)a crime committed partly in one sheriff court district and partly in another;

(b)crimes connected with each other but committed in different sheriff court districts;

(c)crimes committed in different sheriff court districts in succession which, if they had been committed in one such district, could have been tried [F7together] .

(3)Where, in pursuance of subsection (1) above, a case is tried in the sheriff court [F8or JP court] of any sheriff court district, the procurator fiscal of that district shall have power to prosecute in that case even if the crime was in whole or in part committed in a different district, and the procurator fiscal shall have the like powers in relation to such case, whether before, during or after the trial, as he has in relation to a case arising out of a crime or crimes committed wholly within his own district.

Textual Amendments

[F910AJurisdiction for transferred casesS

(1)A sheriff has jurisdiction for any cases which come before the sheriff by virtue of—

(a)section 34A or 83 of this Act; or

(b)section 137A, 137B, 137C or 137D of this Act.

[F10(1A)The jurisdiction of a JP court includes jurisdiction for any cases which come before it by virtue of section 137CA, 137CB or 137CC of this Act.]

(2)A procurator fiscal for a sheriff court district shall have—

(a) power to prosecute in any cases which come before a sheriff of that district by virtue of a provision mentioned in subsection (1) above; F11 ...

[F12(aa)power to prosecute in any cases which come before a JP court of that district by virtue of a provision mentioned in subsection (1A) above;]

(b)the like powers in relation to such cases as he has for the purposes of [F13the other cases which come before that sheriff when exercising criminal jurisdiction or (as the case may be) before that JP court].

[F14(3)This section is without prejudice to sections 4 to 10 of this Act.]]

Textual Amendments

11 Certain offences committed outside Scotland.S

(1)Any [F15relevant person] who in a country outside the United Kingdom does any act or makes any omission which if done or made in Scotland would constitute the crime of murder or of culpable homicide shall be guilty of the same crime and subject to the same punishment as if the act or omission had been done or made in Scotland.

(2)Any [F16relevant person] employed in the service of the Crown who, in a foreign country, when acting or purporting to act in the course of his employment, does any act or makes any omission which if done or made in Scotland would constitute an offence punishable on indictment shall be guilty of the same offence and subject to the same punishment, as if the act or omission had been done or made in Scotland.

[F17(2A)Any relevant person who in a country outside the United Kingdom does any act which—

(a)constitutes an offence under the law in force in that country, and

(b)if done in Scotland would constitute the crime of assault,

is guilty of the same crime and subject to the same punishment as if the act had been done in Scotland.

(2B)For the purposes of subsection (2A)(a), an act punishable under the law in force in the country is an offence under that law however it is described in that law.

(2C)The condition specified in subsection (2A)(a) is to be taken as satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice—

(a)stating that, on the facts as alleged with respect to the act in question, the condition is not in the accused's opinion satisfied,

(b)setting out the grounds for the accused's opinion, and

(c)requiring the prosecutor to prove that the condition is satisfied.

(2D)But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under subsection (2C).

(2E)In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone.

(2F)For the purposes of subsections (1) to (2B)—

(3)A person may be [F18prosecuted], tried and punished for an offence to which this section applies—

(a)in any sheriff court district in Scotland in which he is apprehended or is in custody; or

(b)in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that district.

(4)Any person who—

(a)has in his possession in Scotland property which he has stolen in any other part of the United Kingdom; or

(b)in Scotland receives property stolen in any other part of the United Kingdom,

may be [F19prosecuted], tried and punished in Scotland in like manner as if he had stolen it in Scotland.

[F20(5)Where a person in any part of the United Kingdom outside Scotland—

(a)steals or attempts to steal any mail-bag or postal packet in the course of its transmission by post, or any of the contents of such a mail-bag or postal packet; or

(b)in stealing or with intent to steal any such mail-bag or postal packet or any of its contents commits any robbery, attempted robbery or assault with intent to rob,

he is guilty of the offence mentioned in paragraph (a) or (b) as if he had committed it in Scotland and shall be liable to be prosecuted, tried and punished there without proof that the offence was committed there.

(6)Any expression used in subsection (5) and in the Postal Services Act 2000 has the same meaning in that subsection as it has in that Act.]

Textual Amendments

F20S. 11(5)(6) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 para. 24; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)

Modifications etc. (not altering text)

C1S. 11(3) applied (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {69(2)(c)}, 89; S.S.I. 2003/288, art. 2, Sch.

[F2111A [F22Conspiracy to commit offences outwith Scotland]S

(1)This section applies to any act done by a person in Scotland which would amount to conspiracy to commit an offence but for the fact that the criminal purpose is intended to occur [F23outwith Scotland].

(2)Where a person does an act to which this section applies, the criminal purpose shall be treated as the offence mentioned in subsection (1) above and he shall, accordingly, be guilty of conspiracy to commit the offence.

(3)A person is guilty of an offence by virtue of this section only if the criminal purpose would involve at some stage—

(a)an act by him or another party to the conspiracy; or

(b)the happening of some other event,

constituting an offence under [F24the relevant law]; and conduct punishable under [F25that law] is an offence under that law for the purposes of this section however it is described in that law.

[F26(3A)In subsection (3) above, “the relevant law” is—

(a)if the act or event was intended to take place in another part of the United Kingdom, the law in force in that part,

(b)if the act or event was intended to take place in a country or territory outwith the United Kingdom, the law in force in that country or territory.]

(4)Subject to subsection (6) below, a condition specified in subsection (3) above shall be taken to be satisfied unless, not later than such time as High Court may, by Act of Adjournal, prescribe, the accused serves on the prosecutor a notice—

(a)stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in his opinion satisfied;

(b)setting out the grounds for his opinion; and

(c)requiring the prosecutor to prove that the condition is satisfied.

(5) In subsection (4) above “ the relevant conduct ” means the agreement to effect the criminal purpose.

(6)The court may permit the accused to require the prosecutor to prove that the condition mentioned in subsection (4) above is satisfied without the prior service of a notice under that subsection.

(7)In proceedings on indictment, the question whether a condition is satisfied shall be determined by the judge alone.

(8)Nothing in this section—

(a)applies to an act done before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed, or

(b)imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.]

Textual Amendments