Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 143:

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

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

143 Prosecution of companies, etc.S

(1)Without prejudice to any other or wider powers conferred by statute, this section shall apply in relation to the prosecution by summary procedure of [F1an organisation].

(2)Proceedings may be taken against the [F2organisation in its] corporate capacity, and in that event any penalty imposed shall be recovered by civil diligence in accordance with section 221 of this Act.

(3)Proceedings may be taken against an individual representative of a partnership, association or body corporate as follows:—

(a)in the case of a partnership or firm, any one of the partners, or the manager or the person in charge or locally in charge of its affairs;

(b)in the case of an association or body corporate, the managing director or the secretary or other person in charge, or locally in charge, of its affairs,

may be dealt with as if he was the person offending, and the offence shall be deemed to be the offence of the partnership, association or body corporate [F3; and in paragraph 3(b) of this subsection references to the managing director or the secretary, in relation to a limited liability partnership, are to any member of the limited liability partnership].

[F4(4)[F5An organisation] may, for the purpose of—

(a)stating objections to the competency or relevancy of the complaint or proceedings;

(b)tendering a plea of guilty or not guilty;

(c)making a statement in mitigation of sentence,

appear by a representative.

(5) In subsection (4) above, “ representative ” means—

(a)an individual representative as mentioned in subsection (3) above; or

(b)an employee [F6, officer or official of the organisation] duly appointed by it for the purpose of the proceedings.

(6)For the purposes of subsection (5)(b) above, a statement—

(a)in the case of a body corporate (other than a limited liability partnership), purporting to be signed by an officer of the body;

(b)in the case of a limited liability partnership, purporting to be signed by a member of the partnership;

(c)in the case of a partnership (other than a limited liability partnership), purporting to be signed by a partner of the partnership;

(d)in the case of an association, purporting to be signed by an officer of the association,

[F7(e)in the case of a government department or part of the Scottish Administration, purporting to be signed by a senior officer in the department or part,]

to the effect that the person named in the statement has been appointed as the representative for the purposes of any proceedings to which this section applies is sufficient evidence of such appointment.

(7)Where at a diet (apart from a diet fixed for the first calling of the case) [F8an organisation] does not appear as mentioned in subsection (4) above, or by counsel or a solicitor, the court may—

(a)on the motion of the prosecutor or, in relation to sentencing, of its own accord; and

(b)if satisfied as to the matters specified in subsection (8) below,

proceed to hear and dispose of the case in the absence of the [F9organisation].

(8)The matters referred to in subsection (7)(b) above are—

(a)that citation has been effected or other intimation of the diet has been received; and

(b)that it is in the interests of justice to proceed as mentioned in subsection (7) above.

(9)The reference in subsection (7) above to proceeding to hear and dispose of the case includes, in relation to a trial diet, proceeding with the trial.]

Textual Amendments

F3Words in s. 143(3) inserted (6.4.2001) by S.S.I. 2001/128, reg. 5, Sch. 4 para. 3

Modifications etc. (not altering text)

C1S. 143 applied (31.5.2002) by Anti-terrorism, Crime and Security Act 2001 (c. 24), s. 69(4)(b); S.I. 2002/1279, art. 2

S. 143 applied (1.4.2005) by Gangmasters (Licensing) Act 2004 (c. 11), ss. 21, 29; S.I. 2005/447, arts. 1, 2

S. 143 applied (1.4.2005) by Gangmasters (Licensing) Act 2004 (c. 11), ss. 22, 29; S.I. 2005/447, arts. 1, 2

S. 143 applied (20.1.2007, 6.4.2007, 1.10.2007, 6.4.2008, 1.10.2008 for certain purposes and 1.10.2009 otherwise) by Companies Act 2006 (c. 46), ss. 1130(2)(b)(ii), 1300 (with savings in s. 1133); S.I. 2006/3428, art. 3(2) (with art. 6); S.I. 2007/1093, art. 2(2)(c) (with arts. 4, 11); S.I. 2007/2194, art. 2(1)(l)(3)(h) (with art. 12); S.I. 2007/3495, arts. {3(3)(g)},{5(3)(a)} (with arts. 7, 12); S.I. 2008/2860, art. 3(s) (with arts. 5,7,8, Sch. 2) (as amended by S.I. 2009/1802, art. 18, S.I. 2009/2476, reg. 2)

C2S. 143 applied (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 31(6)(b)(ii), 94; S.I. 2008/755, art. 15(1) (subject to paras. (2)(3))

S. 143 applied (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 32(5)(b)(ii), 94; S.I. 2008/755, art. 15(1) (subject to paras. (2)(3))

C5S. 143 applied (with modifications) (30.12.2011) by The Wine Regulations 2011 (S.I. 2011/2936), regs. 1(2), 16(2)(c) (with reg. 3(9))

C6S. 143 applied (1.2.2007 for W. for specified purposes, 2.4.2007 for W. for specified purposes, 1.7.2007 for E. for specified purposes, 22.4.2008 for E.W.S. for specified purposes, 13.12.2008 for W. for specified purposes, 1.8.2012 for N.I. for specified purposes) by Health Act 2006 (c. 28), ss. 77(4)(b), 83(4)(a)(6)(b)(7); S.I. 2007/204, arts. 2(c), 3(c); S.I. 2007/1375, art. 2(b); S.I. 2008/1147, art. 3(b)(c); S.I. 2008/3171, art. 2(b); S.R. 2012/307, art. 2(b)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.