Part VII Miscellaneous and General

Other miscellaneous provisions

73 Amendments to the Criminal Procedure (Scotland) Act 1995.

1

The M1Criminal Procedure (Scotland) Act 1995 shall be amended as follows.

2

In section 27 (breach of bail conditions: offences) the following subsection shall be inserted after subsection (4)—

4A

The fact that the subsequent offence was committed while the accused was on bail shall, unless challenged—

a

in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or

b

in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted.

3

In subsection (1) of section 65 (prevention of delay in trials), for the words from “shall be discharged forthwith” to the end of the subsection there shall be substituted—

a

shall be discharged forthwith from any indictment as respects the offence; and

b

shall not at any time be proceeded against on indictment as respects the offence

4

In Schedule 9 (certificates as to proof of certain routine matters), in the entry relating to the M2Social Security Administration Act 1992, for “Section 114(4)” in column 1 there shall be substituted “ Section 112(1) ”.