Criminal Procedure (Scotland) Act 1995

8 (1) In an indictment or a complaint charging the resetting of property dishonestly appropriated— S

(a) having been taken by theft or robbery; or

(b) by breach of trust, embezzlement or falsehood, fraud and wilful imposition,

it shall be sufficient to specify that the accused received the property, it having been dishonestly appropriated by theft or robbery, or by breach of trust and embezzlement, or by falsehood, fraud and wilful imposition, as the case may be.

(2) Under an indictment or a complaint for robbery, theft, breach of trust and embezzlement or falsehood, fraud and wilful imposition, an accused may be convicted of reset.

(3) Under an indictment or a complaint for robbery, breach of trust and embezzlement, or falsehood, fraud and wilful imposition, an accused may be convicted of theft.

[F1 (3A) Under an indictment or a complaint for breach of trust and embezzlement, an accused may be convicted of falsehood, fraud and wilful imposition.

(3B) Under an indictment or a complaint for falsehood, fraud and wilful imposition, an accused may be convicted of breach of trust and embezzlement.]

(4) Under an indictment or a complaint for theft, an accused may be convicted of breach of trust and embezzlement, or of falsehood, fraud and wilful imposition, or may be convicted of theft, although the circumstances proved may in law amount to robbery.

(5) The power conferred by sub-paragraphs (2) to (4) above to convict a person of an offence other than that with which he is charged shall be exercisable by the sheriff court before which he is tried notwithstanding that the other offence was committed outside the jurisdiction of that sheriff court.

Textual Amendments

F1 Sch. 3 para. 8(3A)(3B) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 48, 206(1); S.S.I. 2011/178, art. 2, sch.