Criminal Procedure (Scotland) Act 1995

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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

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Blanket amendment text amended by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 75C inserted by S.S.I. 2011/430 s. 2(2)
s. 137ZB inserted by S.S.I. 2011/430 s. 2(4)
s. 176A inserted by 2011 asp 16 Sch. para. 13
s. 227ZO inserted by S.I. 2011/2298 Sch. para. 5
Sch. 13 inserted by S.I. 2011/2298 Sch. para. 6

Commencement Orders yet to be applied to the Criminal Procedure (Scotland) Act 1995:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
S.I. 2011/1418 art. 2 commences (2010 c. 23)
S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
S.S.I. 2011/157 art. 2 commences (2007 asp 14)
S.S.I. 2011/178 art. 2 commences (2010 asp 13)
S.S.I. 2011/188 art. 2 commences (2007 asp 6)
S.S.I. 2011/365 art. 3 commences (2011 asp 16)

CitationS

140 Citation.S

(1)This Act shall be a sufficient warrant for [F1—

(a)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)]the citation of the accused and witnesses in a summary prosecution to any ordinary sitting of the court or to any special diet fixed by the court or any adjournment thereof.

(2)[F3Without prejudice to section 141(2A) of this Act,]such citation shall be in the form prescribed by Act of Adjournal or as nearly as may be in such form and shall, in the case of the accused, proceed on an induciae of at least 48 hours unless in the special circumstances of the case the court fixes a shorter induciae.

[F4(2A)Where the charge in the complaint in respect of which an accused is cited is of committing a sexual offence to which section 288C of this Act applies, the citation shall include or be accompanied by notice to the accused—

(a)that, if he is tried for the offence, his defence [F5(including at any commissioner proceedings)][F6and any proof ordered as is mentioned in section 288C(1) of this Act] may be conducted only by a lawyer;

(b)that it is, therefore, in his interests, if he has not already done so, to get the professional assistance of a solicitor; and

(c)that, if he does not engage a solicitor for the purposes of his defence at the trial [F7(or at any related commissioner proceedings)] , the court will do so.

(2B)A failure to comply with subsection (2A) above does not affect the validity or lawfulness of any such citation or any other element of the proceedings against the accused.]

[F8(2C)In subsection (2A) above, “commissioner proceedings” means proceedings before a commissioner appointed under section 271I(1) or by virtue of section 272(1)(b) of this Act.]

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)

F1S. 140(1)(a) and “(b)” inserted (1.8.1997) by 1997 c. 48, s. 57(2)(a); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F2S. 140(1)(a) repealed (4.10.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 33; S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)

F3Words in s. 140(2) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 61(2), 89; S.S.I. 2003/288, art. 2, Sch.

F4S. 140(2A)(2B) inserted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), s. 3, Sch. para. 8; S.S.I. 2002/443, art. 3

F5Words in s. 140(2A)(a) inserted (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 35(2)(a)(i), 84; S.S.I. 2007/250, art. 3(a)

F6Words in s. 140(2A)(a) added (25.11.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 85, 89, Sch. 4 para. 3(2); S.S.I. 2003/475, art. 2, Sch.

F7Words in s. 140(2A)(c) inserted (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 35(2)(a)(ii), 84; S.S.I. 2007/250, art. 3(a)

F8S. 140(2C) added (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 35(2)(b), 84; S.S.I. 2007/250, art. 3(a)

F9S. 140(3) repealed (1.8.1997) by 1997 c. 48, ss. 57(2)(b), 62(2), Sch. 3; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

141 Manner of citation.S

[F10(1)The citation of the accused or a witness in a summary prosecution to any ordinary sitting of the court or to any special diet fixed by the court or to any adjourned sitting or diet shall be effected by an officer of law or other person—

(a)delivering the citation to him personally; or

(b)leaving it for him—

(i)at his dwelling-house or place of business with a resident or (as the case may be) employee there; or

(ii)where he has no known dwelling-house or place of business, at any other place in which he may be resident at the time.]

(2)Notwithstanding subsection (1) above, citation may also be effected—

(a)where the accused or witness is the master of, or a seaman or person employed in a vessel, if the citation is left with a person on board the vessel and connected with it;

(b)where the accused is a partnership, association or body corporate—

(i)if the citation is left at its ordinary place of business with a partner, director, secretary or other official; or

(ii)if it is cited in the same manner as if the proceedings were in a civil court; or

(c)where the accused is a body of trustees, if the citation is left with any one of them who is resident in Scotland or with their known solicitor in Scotland.

[F11; and in sub-paragraph (b)(i) of this subsection references to the director or secretary or other official, in relation to a limited liability partnership, are to any member of the limited liability partnership]

[F12(2A)Notwithstanding subsection (1) above and section 140(2) of this Act, citation of the accused may also be effected by an officer of law affixing to the door of the accused’s dwelling-house or place of business a notice in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form—

(a)specifying the date on which it was so affixed;

(b)informing the accused that he may collect a copy of the complaint from a police station specified in the notice; and

(c)calling upon him to appear and answer the complaint at such diet as shall be so specified.

(2B)Where the citation of the accused is effected by notice under subsection (2A) above, the induciae shall be reckoned from the date specified by virtue of paragraph (a) of that subsection.]

(3)Subject to subsection (4) below [F13and without prejudice to the effect of any other manner of citation] , the citation of the accused or a witness to a sitting or diet or adjourned sitting or diet as mentioned in subsection (1) above shall be effective if it is F14. . .—

(a)in the case of the accused, [F15signed by the prosecutor and]sent by post in a registered envelope or through the recorded delivery service [F16or by ordinary post] ; and

(b)in the case of a witness, sent [F15by or on behalf of the prosecutor]by ordinary post,

to the dwelling-house or place of business of the accused or witness or, if he has no known dwelling-house or place of business, to any other place in which he may be resident at the time.

[F17(3A)Subject to subsection (4) below and without prejudice to the effect of any other manner of citation, the citation of the accused or a witness to a sitting or diet or adjourned sitting or diet as mentioned in subsection (1) above shall also be effective if an electronic citation is sent—

(a)by or on behalf of the prosecutor; and

(b)by means of electronic communication,

to the home or business email address of the person.]

(4)Where the accused fails to appear at a diet or sitting or adjourned diet or sitting to which he has been cited in the manner provided by this section, [F18sections 143(7), 150(3) and 150A(1)] of this Act shall not apply unless it is proved to the court that he received the citation or that its contents came to his knowledge.

(5)The production in court of any letter or other communication [F19(including a legible version of an electronic communication)] purporting to be written by or on behalf of an accused who has been cited as mentioned in subsection [F20(2A) or] (3) above in such terms as to infer that the contents of such citation came to his knowledge, shall be admissible as evidence of that fact for the purposes of subsection (4) above.

[F21(5ZA)The production in court of a legible version of an electronic communication which—

(a)bears to have come from an accused's email address; and

(b)is in such terms as to infer that the contents of an electronic citation sent as mentioned in subsection (3A) above came to the accused's knowledge,

shall (even if not purporting to be written by or on behalf of the accused) be admissible as evidence of those facts for the purposes of subsection (4) above.]

[F22(5A)The citation of a witness to a sitting or diet or adjourned sitting or diet as mentioned in subsection (1) above shall be effective [F23 if—

(a)it is sent by or on behalf of the accused's solicitor by ordinary post—

(i)to the dwelling-house or place of business of the witness; or

(ii)if he has no known dwelling-house or place of business, to any other place in which he may be resident at the time; or

(b)an electronic citation is sent by or on behalf of the accused's solicitor by means of electronic communication to the home or business email address of the witness.]]

[F24(5B)Where a witness fails to appear at a diet or sitting or adjourned diet or sitting to which he has been cited in the manner provided by this section, subsection (2) of section 156 of this Act shall not apply unless it is proved to the court that he received the citation or that its contents came to his knowledge.]

(6)When the citation of any person is effected by post in terms of this section or any other provision of this Act to which this section is applied, the induciae shall be reckoned from 24 hours after the time of posting.

[F25(6A)When the citation of any person is effected by electronic citation under subsection (3A) above, the induciae shall be reckoned from the end of the day on which the citation was sent.]

(7)It shall be sufficient evidence that

[F26F27(a)]a citation has been sent by post in terms of this section or any other provision of this Act mentioned in subsection (6) above, if there is produced in court a written execution, signed by the person who signed the citation in the form prescribed by Act of Adjournal, or as nearly as may be in such form, together with the post office receipt for the relative registered or recorded delivery letter[F26; or]

[F28(b)citation has been effected by notice under subsection (2A) above, if there is produced in court a written execution, in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form, signed by the officer of law who affixed the notice.]

[F29(7A)It shall be sufficient evidence that citation has been effected electronically under subsection (3A) or (5A)(b) above if there is produced in court a legible version of an electronic communication which—

(a)is signed by electronic signature by the person who signed the citation;

(b)includes the citation; and

(c)bears to have been sent to the home or business email address of the person being cited.

(7B)In this section, an “electronic citation” is a citation in electronic form which—

(a)is capable of being kept in legible form; and

(b)is signed by electronic signature—

(i)in the case of citation of the accused, by the prosecutor;

(ii)in the case of citation of a witness, by or on behalf of the prosecutor or the accused's solicitor.]

Annotations:

Amendments (Textual)

F10S. 141(1) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 8(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S. I. 2007/527)

F11Words in s. 141(2) inserted (6.4.2001) by S.S.I. 2001/128, reg. 5, Sch. 4 para. 2