Criminal Procedure (Scotland) Act 1995 (c. 46)

PART XII S Evidence

[F1 Proof of age S

Textual Amendments

F1 S. 255A and preceding cross-heading inserted (1.8.1997) by 1997 c. 48, s. 27; S.I. 1997/1712, art. 3, Sch. 1 (subject to arts. 4, 5)

[F2 255A Proof of age. S

Where the age of any person is specified in an indictment or a complaint, it shall, unless challenged—

(a) in the case of proceedings on indictment by giving notice of a preliminary objection [F3 in accordance with section 71(2) or 72(6)(b)(i)] of this Act; or

(b) in summary proceedings—

(i) by preliminary objection before the plea of the accused is recorded; or

(ii) by objection at such later time as the court may in special circumstances allow,

be held as admitted.]]

Textual Amendments

F2 S. 255A and preceding cross-heading inserted (1.8.1997) by 1997 c. 48, s. 27; S.I. 1997/1712, art. 3, Sch. 1 (subject to arts. 4, 5)

F3 Words in s. 255A(a) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 39; S.S.I. 2004/405, art. 2, Sch. 1 (with savings in arts. 3-5)