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Crime and Punishment (Scotland) Act 1997

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This is the original version (as it was originally enacted).

26Evidence concerning certain orders

(1)After section 233(5) of the 1995 Act (probation orders: commission of further offence) there shall be inserted the following subsection—

(6)The fact that the offence mentioned in subsection (3)(b) above was committed in the circumstances mentioned in subsection (4) above 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..

(2)After section 241(3) of the 1995 Act (requirements as to proceedings in respect of commission of offence during currency of community service order) there shall be inserted the following subsection—

(4)The fact that the offence mentioned in subsection (1)(b) above was committed in the circumstances mentioned in subsection (2) above 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..

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