Summary Jurisdiction (Scotland) Act 1954 (Repealed 1.4.1996)

Summary Jurisdiction (Scotland) Act 1954

1954 CHAPTER 48 2 and 3 Eliz 2

An Act to consolidate certain enactments relating to summary jurisdiction and procedure in Scotland with corrections and improvements made under the Consolidation of Enactments (Procedure) Act, 1949.

[30th July 1954]

1—43. F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 Ss. 1–43, 45–73, 75, repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

[F2 44 Transfer of fine orders. S

(1) Where a court of summary jurisdiction has imposed a fine on a person convicted of an offence and it appears to the court that he is residing—

(a) within the jurisdiction of another court of summary jurisdiction in Scotland, or

(b) in any petty sessions area in England and Wales,

the court, if no term of imprisonment has been fixed by the court in default of payment of the fine, may order that payment of the fine shall be enforceable by that other court of summary jurisdiction or in that petty sessions area, as the case may be.

(2) An order under this section (in this section referred to as a transfer of fine order) shall specify the court by which or the petty sessions area in which payment is to be enforceable and, where the court to be specified in a transfer of fine order is a court of summary jurisdiction, it shall, in any case where the [F3 order is made] by the sheriff court, be a sheriff court.

(3) Where a transfer of fine order is made with respect to any fine under this section, any functions under any enactment relating to that sum which, if no such order had been made, would have been exercisable by the court [F3 which made the order] or by the clerk of that court shall cease to be so exercisable.

(4) Where a transfer of fine order within the meaning of this section or of section 72A of the M1 Magistrates’ Courts Act 1952, as amended by the M2 Criminal Justice (Scotland) Act 1963, specifies a court of summary jurisdiction in Scotland, that court and the clerk of that court shall have all the like functions under this Part of this Act in respect of the fine or the sum in respect of which that order was made (including the power to make any further order under this section) as if the fine or the sum were a fine imposed by that court and as if any order made under this section or the said Act of 1952 in respect of the fine or the sum before the making of the transfer of fine order had been made by that court:

Provided that for the purpose of determining the period of imprisonment which may be imposed under this Act by any court having jurisdiction in respect of a sum adjudged to be paid by a conviction of a magistrates’ court acting for a petty sessions area, section 49 of this Act shall have effect as if for the Table set out in subsection (1) of that section there were substituted the Table set out in paragraph 1 of Schedule 3 to the said Act of 1952 or that Table as modified by paragraph 3 of that Schedule, as the case may be.]

[F4 (5) Where a transfer of fine order under section 72A of the M3 Magistrates’ Courts Act 1952 or this section provides for the enforcement by a sheriff court in Scotland of a fine imposed by a court of assize or quarter sessions, the proviso to the last foregoing subsection shall not apply, but the term of imprisonment which may be imposed under this Act shall be the term fixed in pursuance of [F5 section 31 of the M4 Powers of Criminal Courts Act 1973] by that court of assize or quarter sessions or a term which bears thesame proportion to the term so fixed as the amount of the fineremaining due bears to the amount of the fine imposed by that court,notwithstanding that the term exceeds the period applicable to thecase under section 49(1) of this Act.]

Textual Amendments

F2 S. 44 substituted by Criminal Justice (Scotland) Act 1963 (c. 39), s. 26(2), Sch. 3 Pt. I

F3 Words substituted by Criminal Justice Act 1967 (c. 80), s. 106(2), Sch. 6 para. 21

F4 S. 44(5) added by Criminal Justice Act 1967 (c. 80), s. 106(2), Sch. 6 para. 21

F5 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 8

Modifications etc. (not altering text)

C1 S. 44 repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21) Sch. 10 Pt. I

Marginal Citations

M1 1952 c. 55.

M2 1963 c. 39.

M3 1952 c. 55.

M4 1973 c. 62.

45—73. F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F6 Ss. 1–43, 45–73, 75, repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

74 F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F7 S. 74 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1

75 F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F8 Ss. 1–43, 45–73, 75, repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

76 Acts of Adjournal making rules, etc. S

(1) It shall be lawful for the High Court, by Act of Adjournal—

(a)—(c) . . . F9

(d) to fix and regulate the fees payable in the High Court and the inferior courts in proceedings under this Act.

(2) Until regulated under the foregoing provisions of this section the fees payable in the High Court shall be those payable at the commencement of this Act and the fees payable in the inferior courts shall be those set forth in the Third Schedule to this Act.

(3) Nothing in this section shall [F10 empower the High Court to make any regulation which the Secretary of State is empowered to make] by the M5 Courts of Law Fees (Scotland) Act 1895.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F9 S. 76(1)(a)–(c) repealed by Criminal Procedure (Scotland) Act 1975 (c. 20) Sch. 10 Pt. I

F10 Words substituted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), s. 7(3), Sch. 1 para. 10

F11 S. 76(4) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19), Sch. Pt. I

Marginal Citations

M5 1895 c. 14.

77 Interpretation. S

In this Act, . . . F12

• . . . F12

• “High Court” means the High Court of Justiciary;

• . . . F12

Textual Amendments

F12 S. 77 (except for definition of “High Court”) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

78 F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F13 S. 78, Schs. 1, 4 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

79 Short title, commencement and extent. S

(1) This Act may be cited as the Summary Jurisdiction (Scotland) Act 1954.

(2) This Act shall come into operation on the first day of January, nineteen hundred and fifty–five.

(3) Save as otherwise expressly provided this Act shall extend to Scotland only.

SCHEDULES

F14 F14 FIRST SCHEDULE S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 S. 78, Schs. 1, 4 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Sections 13, 14, 15, 16, 18, 20, 31, 42, 56, 59, 66, 69.

SECOND SCHEDULE S Forms of Procedure

Part I S Incidental Applications

Under the Summary Jurisdiction (Scotland) Act 1954

In the Court at

The Petition of

Humbly sheweth—

That [state the circumstances and the statute or statutes, if any, on which the application is based].

The petitioner therefore craves the court [set forth warrant or order desired].

According to Justice, &c.

Examples of Craves for Warrants and Orders of Court S

(a) To grant warrant to officers of law to search the premises at occupied by for the stolen property mentioned in the petition [or, as the case may be] and to take possession thereof and convey it to

(b) To seize and destroy the carcase referred to in the petition.

(c) To order the property mentioned in the petition to be restored to the petitioner on proof thereof being given that such property was stolen and that the petitioner is the true owner or possessor thereof.

(d) To remit the accused to the sheriff of [place] (or, as the case may be), and meantime to grant warrant to convey him to the prison (or police cells) of [place] . thereafter to be dealt with in due course of law.

Form of Warrant or Order to be written on such Petition S

[Place and date.] The court having considered the foregoing petition grants warrant as craved.

Part II S Forms of Complaint and Charges

Modifications etc. (not altering text)

C2 Pt. II applied by Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 311(1), 3112

C3 Reference to 8s. 1½d. to be read as referring to equivalent amount in new currency: Decimal Currency Act 1969 (c. 19), s. 10(1)

C4 The form of complaint set out in Sch. 2 Pt. II is cancelled by S.I. 1978/834, para. 4(a)

Under the Summary Jurisdiction (Scotland) Act 1954

In the Court of at

The Complaint of Procurator Fiscal (or Burgh Prosecutor) (or other party entitled to prosecute).

A.B. (Name and address sufficient to distinguish person) (or at present in custody), you are charged at the instance of the Complainer, that on 20th , 19 , in (or at) you did (set forth Charge as in Forms).

The Complaint will be signed thus—

C.D. Procurator Fiscal (or Burgh Prosecutor

or Justice of the Peace Fiscal)

or

E. F. Complainer

or

G.H. Solicitor for Complainer.

The following Forms are additional to those contained in Schedule A to the Criminal Procedure (Scotland) Act 1887 all of which, in so far as applicable to charges which may be tried summarily, shall be held to be incorporated in this Schedule.—

You did assault C.D. and strike him with your fists.

You did conduct yourself in a disorderly manner and commit a breach of the peace.

You did threaten violence to the lieges and commit a breach of the peace.

You did fight and commit a breach of the peace.

You did publicly expose your person in a shameless and indecent manner in presence of the lieges.

You did obtain from C.D. board and lodging to the value of [F15 60p] without paying and intending not to pay therefor.

Textual Amendments

F15 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

You did maliciously knock down 22 yards of the coping of a wall forming the fence between two fields on the said farm.

You did maliciously place a block of wood on the railway line and attempt to obstruct a train.

You did drive a horse and cart recklessly to the danger of the lieges.

You did break into a poultry house and steal three fowls.

You did steal a coat which you obtained from C.D. on the false representation that you had been sent for it by her husband.

having received from C.D. £6 to hand to E.F., you did on (date) at (place) steal the said sum.

having received from E.F. a watch in loan, you did on, at, sell it to C.D., and steal it.

having found a watch, you did, without trying to discover its owner, sell it on at , to C.D., and steal it.

You did receive from C.D., a private in the Third Battalion , a military jacket and waist belt, contrary to the Army Act section 156.

You did obtain credit from C.D. to the extent of £22 without informing him that you were an undischarged bankrupt, contrary to the Bankruptcy (Scotland) Act 1913 section 182.

You, being the occupier of the said house, did use the same for the purpose of betting with persons resorting thereto, contrary to the Betting Act 1853 sections 1 and 3.

You did frequent and loiter in the said street for the purpose of betting and receiving bets, contrary to the Street Betting Act 1906 section 1.

You, having on been convicted on indictment of the crime of theft, aggravated by previous convictions of theft, and sentenced to , were on found within the dwelling–house at, occupied by C.D., about to commit theft, contrary to the Prevention of Crimes Act 1871 section 7.

You, being a dealer in old metals, did purchase from C.D. sixteen pounds of brass, contrary to the Prevention of Crimes Act 1871 section 13.

You did assault C.D., a constable of the Police, while engaged in the execution of his duty, and with a stick strike him on the face to the great effusion of blood, contrary to the Prevention of Crimes Act 1871 section 12.

You did cruelly ill–treat a horse by causing it to draw a cart while it was suffering from a sore on its back under the saddle, contrary to the Protection of Animals (Scotland) Act 1912 section 1.

You did wilfully neglect your children E.B., aged seven years; G.B., aged five years; and F.B., aged three years, by failing to provide them with adequate food and clothing, and by keeping them in a filthy and verminous condition, contrary to the Children and Young Persons (Scotland) Act 1937 section 12.

You, being a debtor in a process of sequestration and within four months next before the presentation of the petition for your sequestration, did pawn, otherwise than in the ordinary way of trade, 3 dozen pairs of shoes which you had obtained on credit from C.D., and had not paid for, contrary to the Bankruptcy (Scotland) Act 1913 section 178(A)(5).

You are the owner of a dog which is dangerous and not kept under proper control, and which on in did chase a flock of sheep, contrary to the Dogs Act 1871 section 2, as amended by the Dogs Act 1906 section 1, whereby you are liable to be ordered to keep the said dog under proper control or to destroy it.

You, being the parent of A.B., a child of school age, aged , who has attended school, and the said child having failed, between and , without reasonable excuse, to attend regularly at the said school, you are thereby guilty of an offence against section 35 of the Education (Scotland) Act 1946.

being an unauthorised place you did keep for sale 150 lbs. of gunpowder, contrary to the Explosives Act 1875 section 5.

You did keep 156 lbs. of gunpowder, and did not keep it in a fireproof safe, contrary to the Explosives Act 1875 section 22 and section 3, subsection (1), Mode B, of the Order in Council dated 26th October, 1896.

, being master of the steam trawler G.N., you did use the method of fishing known as otter trawling, contrary to the Herring Fishery (Scotland) Act 1889 section 6 as amended by the Herring Fishery (Scotland) Act Amendment Act 1890 section 3.

, being master of the steam trawler G.N., you did use the method of fishing known as otter trawling, contrary to Bye–Law No. made by the [Fishery Board for Scotland] [Secretary of State] dated

You did sell and deliver to E.F. to his prejudice an article of food namely: gallons of sweet milk which was not of the nature, substance and quality of the article demanded by him and was not genuine sweet milk in respect that it was deficient in milk fat to the extent of per cent. or thereby in that it contained only per cent. of milk fat whereas genuine sweet milk should contain not less than 3 per cent. of milk fat, conform to certificate of analysis granted on (date) by G.H., analytical chemist (address), public analyst for the burgh of (a copy of which certificate of analysis is annexed hereto) of a sample of the said milk taken (specify time and place) by J.K., duly appointed sampling officer for the burgh of, acting under the direction of the local authority for the said burgh, while the said milk was in course of delivery to the said E.F. contrary to the Food and Drugs (Adulteration) Act 1928 section 2, subsection (1), and the Sale of Milk Regulations 1901.

You did induce J.P. to engage in an unlawful game called the “three card trick,” and cheat him of £1, contrary to the Prevention of Gaming (Scotland) Act 1869 section 3.

You did by night enter on the said land with nets for the purpose of taking game, contrary to the Night Poaching Act 1828 section 1;or

You did by night unlawfully take six rabbits; contrary to, &c.

You did in the daytime trespass on the said land in search or pursuit of game (orrabbits), contrary to the Game (Scotland) Act 1832 section 1.

You were found in the possession of five hares, a net and six net pins, which hares you had obtained by unlawfully going on land in search or pursuit of game, and which net and net pins you had used for unlawfully killing or taking game, or you had been accessory thereto, contrary to the Poaching Prevention Act 1862 section 2.

You did present or cause to be presented to C.D., Assessor for a return in which you falsely stated that the yearly rent of your House, No. Street, , was £20, instead of £30, contrary to the Lands Valuation (Scotland) Act 1854 section 7.

A.B., hotelkeeper, Hotel, you are charged, &c., that on Sunday in your said hotel you did sell a half gill of whisky to C.D., he not being a lodger in the said hotel or a traveller, contrary to your certificate and the Licensing (Scotland) Act 1903 section 53.

You did sell a half gill of whisky to C.D., who was then in a state of intoxication, contrary to your certificate and the Licensing (Scotland) Act 1903 section 53.

You were found in a state of intoxication and incapable of taking care of yourself, and not under the care or protection of some suitable person, contrary to the Licensing (Scotland) Act 1903 section 70.

You did knowingly sell a glass of whisky to C.D., who had been convicted of the offences mentioned in and dealt with under section 72 of the Licensing (Scotland) Act 1903 contrary to the said Act, section 72.

You did ride upon a bicycle without carrying a lamp constructed, placed, and lighted as required by law, contrary to the Road Transport Lighting Act 1927 sections 1 and 5, as amended by the Road Transport Lighting (Cycles) Act 1945.

You did drive a motor car recklessly (or at a speed or in a manner which was dangerous to the public), contrary to the Road Traffic Act 1930 section 11.

You did fail to enter in your Pledge Book the sum of 8s. 1½d., the profit charged on a loan of [F15 £1.25] to C.D. on security of a watch pawned by him and redeemed on , contrary to the Pawnbrokers Act 1872 section 12.

You did act as a pedlar without having obtained a certificate, contrary to the Pedlars’ Act 1871 section 4.

At one o’clock on the morning of the said date you did sell to C.D. a pie and a bottle of lemonade, contrary to the Burgh Police (Scotland) Act 1892 section 380(6).

You did play at football, to the annoyance of the residents in the said street, contrary to the Burgh Police (Scotland) Act 1892 section 381(26).

You kept and still keep nine hens and a cock, which are a nuisance to the inhabitants in the neighbourhood, contrary to the Burgh Police (Scotland) Act 1892 section 389; whereby you are liable to be ordained to remove such fowls within such time as the court may fix.

Being a known (orreputed) thief, you were found in possession of a watch and chain, without being able to give a satisfactory account of your possession thereof, contrary to the Burgh Police (Scotland) Act 1892 section 409.

You did place in a Post Office letter box a lighted match, contrary to the Post Office Act 1953 section 60.

You did consign, for the food of man, to E.F. the carcase of a cow which was unsound and unfit for such food, contrary to the Public Health (Scotland) Act 1897 section 43(4).

You did travel in a railway carriage without having previously paid your fare, and with intent to avoid payment thereof, contrary to the Regulation of Railways Act 1889 section 5(3)(a).

having on within the house No. Street, given birth to a female illegitimate child, you did fail, within twenty–one days thereafter, to attend personally and give information to C.D., registrar of births, deaths, and marriages for (Registration District), of the several particulars required to be registered touching such birth, contrary to the Registration of Births, Deaths, and Marriages (Scotland) Act 1854 section 27.

You did take two salmon during the annual close time by means of cobles and sweep nets, contrary to the Salmon Fisheries (Scotland) Act 1868 section 15.

You did carry off from the said premises the following poinded effects, namely, in fraudem of C.D., a poinding creditor, contrary to the Small Debt (Scotland) Act 1837 section 20.

You had in your possession for use for trade a counter balance which was false, and two weights, which were unjust, contrary to the Weights and Measures Act 1878 section 25.

Part III S Forms of Notices to Accused as to Penalty for Statutory Offence and Previous Convictions

Modifications etc. (not altering text)

C5 Pt. III applied by Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 311(5), 357(1)

C6 Forms 1, 2, 3 set out in Sch. 2 Pt. III are cancelled by S.I. 1978/834, para. 4(b)

Form No. 1

Notice as to penalty for statutory offence S

A.B. Take notice that in the event of your being convicted of the charge[s] of contravening (give reference to the section of Act or Order) in the complaint preferred against you at my instance you will be liable to the penalties set forth in the said section [orin section of the said Act] namely (set forth shortly the penalties).

C.D. Procurator Fiscal

[or Burgh Prosecutor]

[or Justice of the Peace Fiscal]

[or E.F. Complainer]

[or G.H. Solicitor for Complainer]

(Date)

Form No. 2

Modifications etc. (not altering text)

C7 Forms 1, 2, 3 set out in Sch. 2 Pt. III are cancelled by S.I. 1978/834, para. 4(b)

Notice of Previous Convictions in charge of Statutory Offence S

A.B. Take notice that in the event of your being convicted of the charge of contravening (give reference to the section of Act or Order) in the complaint preferred against you at my instance it is intended to place before the Court the undernoted previous convictions applying to you and you will be liable (in respect that the offence is a second [or third] offence) to the penalties set forth in the said section [or in section of the said Act] namely (set forth shortly the penalties).

List of Previous Convictions S

Date	Place of Trial	Court	Offence	Sentence

C.D. Procurator Fiscal

[or Burgh Prosecutor]

[or Justice of the Peace Fiscal]

[or E.F. Complainer]

[or G.H. Solicitor for Complainer]

(Date)

Form No. 3

Modifications etc. (not altering text)

C8 Forms 1, 2, 3 set out in Sch. 2 Pt. III are cancelled by S.I. 1978/834, para. 4(b)

Notice of previous convictions in charge of Common Law offence S

A.B. Take notice that in the event of your being convicted of the charge[s] of in the complaint preferred against you at my instance it is intended to place before the Court the following previous convictions applying to you:—

Date	Place of Trial	Court	Offence	Sentence

C.D. Procurator Fiscal

[or Burgh Prosecutor]

[or Justice of the Peace Fiscal]

[or E.F. Complainer]

[or G.H. Solicitor for Complainer]

(Date)

Part IV S Warrants of Citation, Apprehension, &c.

Modifications etc. (not altering text)

C9 Pt. IV excluded by Criminal Procedure (Scotland) 1975 (c. 21), s. 318(1)

C10 The form of citation relating to citation of the accused and the form of note that may be appended to the service copy of a complaint set out in Sch. 2 Pt. IV are cancelled by S.I. 1978/834, para. 4(c)

Edinburgh, 9th January 19 .—The court assigns 16th January 19 at 10 a.m. within the Sheriff Court House, Edinburgh, as a diet in this case.W.G., Clerk of Court.

This form only necessary if special diet is required S

Edinburgh, 9th January 19 .—The court grants warrant to apprehend the said accused.

If search warrant desired, it may be in the following terms:— S

Grants warrants to search the person, dwelling–house, and repositories of the accused, and any place where he may be found, and to take possession of the property mentioned or referred to in the complaint, and all articles and documents likely to afford evidence of his guilt or of guilty participation.

A.B., above designed, you are hereby summoned to appear personally on 16th January 19 at 10 a.m., within the Sheriff Court House, Edinburgh, to answer to the complaint against you of which the above is a copy..

Served by me on 9th January 19.

C.D., Police Constable.

A note in the following or similar terms may be appended to the service copy of a complaint:—

NOTE.—If you plead not guilty to the above charge your case will be adjourned to a diet to be fixed by the court [or, if the case is to proceed to trial at the first diet,your case will proceed to trial at such diet unless the court grants an adjournment]. If you desire to have witnesses cited for the defence, the police will give you all reasonable assistance to cite them.

ToE.F. [name and designation].

You are hereby cited to appear personally on 16th January 19 at 10 a.m. in the City Police Court, Edinburgh, to give evidence for the prosecution in the case against A.B. (and you are required to produce.........). C.D., Police Constable.

Note to be subjoined to Citations of Witnesses S

Witnesses failing to attend the court without lawful excuse are liable to be apprehended and punished.

Edinburgh, 16thJanuary 19 .—The Court, in respect E.F. a witness in the cause has failed to appear after being duly cited, adjourns the diet till 18th January 19 at 10 a.m., and ordains the accused and witnesses to appear personally at the said diet, and grants warrant to apprehend the said E.F. and to detain him in any prison or in police cells until the said diet, unless sufficient security to the amount of £ be found for his appearance at all diets of the court.

Edinburgh, 9thJanuary 19 .—The Court on the motion of the Prosecutor continues the case against the accused until January 19 , and meantime grants warrant to detain the accused in Prison until that time (oruntil sufficient security to the amount of £ be found for his appearance at all diets of court).

Officer’s Execution of Service of Complaint on an Accused Person S

I, officer of law, upon the day of lawfully summoned [name and designation of accused as in Complaint] to appear before the Court on the day of at o’clock noon, to answer to a complaint at the instance of charging him with [state offence]. This I did by delivering a copy of the complaint with citation thereto attached [state how served upon accused, whether personally or left at dwelling–house or otherwise].C.D., Police Constable.

Officer’s Execution of Citation of a Witness S

I, officer of law, upon the day of lawfully cited [name and designation of witness] to appear before the Court on the day of to give evidence for the prosecution [or defence] in the complaint at the instance of against [name and designation of accused]. This I did by delivering a citation to that effect [state how served, whether personally or left at dwelling–house or otherwise].C.D., Police Constable

Part V S Minutes of Procedure, &c.

Modifications etc. (not altering text)

C11 Pt. V applied by Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 430(1), 440

Edinburgh, 9th January 19 .—G.N., judge.

Compeared the accused and, in answer to the complaint, pled guilty.

Sentence:Twenty–one days’ imprisonment.

Compeared the accused and, in answer to the complaint, A.B. pled guilty and C.D. pled guilty to the third charge.

Sentence: A.B. Twenty–one days’ imprisonment, C.D. sevendays’ imprisonment.

Compeared the accused, and, in answer to the complaint, pled guilty (or state to what extent plea tendered), and was sentenced to days’ imprisonment (or was fined £ and in default of payment days’ imprisonment) (or as the case may be).

Compeared the accused, who,in answer to the complaint, pled not guilty.

The court adjourned the diet to 11th January 19 at 10 a.m., and ordained the accused then to appear

Or,

The court adjourned the diet to 11th January 19 at 10 a.m., and ordered the accused to be imprisoned until that date or until security for £ be found for his appearance at all diets of court.

Or,

The court adjourned the diet to 11th January 19 at 10 a.m., and ordered the accused to appear personally at that diet under a penalty of £ in default.

Edinburgh, 11th January 19 .—G.N., judge.

Compeared the accused (or the accused failed to appear after being duly citedorafter receiving due intimation of this diet).

The court found the accused guilty as libelled (or as first (or last) alternately libelled, or state to what extent found guilty) (or not guilty), (or found the charge not proven), (or found A.B. guilty as libelled and C.D. guilty as second libelled (or, as the case may be)).

days’imprisonment.

Or,

Fined £ , (or £ each), and in default of payment days’ imprisonment (or days’ imprisonment each).

Fined £(including £ expenses), and in default of paymentdays’ imprisonment.

Or,

Fined £ , and in default of payment within days from this date, days’ imprisonment.

Or,

To find £ caution for good behaviour for months, and in default days’ imprisonment.

Or,

Fined£ , and in default of payment, days’ imprisonment and to find £ caution for good behaviour for months, and in default days’ imprisonment further.

To be imprisoned for days from this date and to find caution for £ for good behaviour for months thereafter, and in default days’ imprisonment further.

The court found the accused A.B. guilty as libelled and fined him £1, and, in respect the said C.D. has conduced to the commission of the said offence by habitually neglecting to exercise due care of the said A.B., ordered the fine to be paid by the said C.D., and in default of payment sentenced the said C.D. to days’ imprisonment.

Sentence deferred till 19 , when accused ordained to appear.

Admonished and dismissed.

The court, on the motion ofthe prosecutor, deserted the dietpro loco et tempore.

Where there are several accused and different sentences pronounced on each, the sentence applicable to each may be minuted under the appropriate form.

Bail Bond S

I, C.D., do hereby judicially enact and bind and oblige myself as cautioner and surety that A.B. shall appear personally in the Sheriff Court, Edinburgh, on 16th January, 19 , at 10 a.m. and at any other diet to which the cause may be adjourned, to answer to a complaint at the instance of the Procurator Fiscal of Court, charging him with the crime of assault, and that under a penalty of £ to be paid by me in case of failure, and to be recovered in the manner prescribed by the Summary Jurisdiction (Scotland) Act 1954.In witness whereof, & c.C.D.

E.F., Witness.

G.H., Witness.

The court, in respect of the failureof the accused to attend this diet, on the motion of the prosecutor declares the bail of £ (or a pledge, viz., ) deposited as security for his appearance to be forfeited and also grants warrant for his apprehension.

The court, in respect of the failureof the accused to attend this diet, on the motion of the prosecutor declares a bond of caution granted for his appearance under a penalty of £ to be forfeited; further, ordains C.D., cautioner in the said bond, to be charged to make payment to the clerk of court of the said sum within six days after such charge, and in default of payment to be imprisoned for days from the date of his incarceration unless payment of the said penalty be sooner made, but reserving to the said C.D. within the said six days to make application to the court for an extension of time for payment of the said sum if so advised, and grants warrant for the apprehension of the said A.B.

To C.D., I, officer of law, Edinburgh, hereby charge you to make payment of the sum of £ , being the penalty contained in bond of caution by you for A.B., which bond has been declared forfeited in respect of his non–appearance to answer to the complaint against him as provided for in the said bond, the said sum to be paid by you to the clerk of court, Sheriff Court, Edinburgh, within six days after the date of this my charge, under pain of imprisonment for the period of days from the date of incarceration unless the said sum be sooner paid.

This charge served by me on 21st January 19 .E.F., Police Constable.

If you desire to obtain an extension of time for payment application therefor to the Court must be made within six days from this date.

Forms similar to those applicable to the finding and forfeiture of bail may, with the necessary variations, be used for the finding and forfeiture of caution for good behaviour.

Extract S

Under the Summary Jurisdiction (Scotland) Act 1954

In the court of at .

Name of accused

Date of conviction

Offence of which convicted

Sentence.Imprisonment days.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein for days from the date of imprisonment.W.G., Clerk of Court.

Sentence, £ fine or days’imprisonment. In respect of which sentence warrant is hereby grantedto officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the said fine is paid,but not exceeding days from the date of imprisonment.

Sentence, £ fine (payable within days) or days’ imprisonment.

In respect of which sentence, the period allowed for payment of the said fine having expired and the said fine not having been paid, warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the fine is paid, but not exceeding days from the date of imprisonment.

Sentence, £ caution for good behaviour for six months(from date of conviction) or days’ imprisonment.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the said caution is found, but not exceeding days from the date of imprisonment.

Sentence, £ fine or days’ imprisonment

and

£ caution for good behaviour formonths (from payment of the fineor from the expiry of the period of imprisonment for non–payment) ordays’ imprisonment further.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until the said fine is paid and the said caution is found, the detention for non–payment of the said fine not exceeding days from the date of imprisonment, and the detention for failure to find the said caution not exceeding days further from payment of the fine or from expiry of the term of imprisonment for non–payment thereof.

Sentence. Imprisonment daysand £ caution for good behaviour for months thereafter, or days’imprisonment.

In respect of which sentence warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein for days from the date of imprisonment and for his further detention thereafter until the said caution is found, but not exceeding days further.

Sentence £, fine payable within days or days’ imprisonment. Inrespect of which sentence the accused, having surrendered himself tothe court and stated that he prefers immediate imprisonment to waiting the expiration of the time allowed, warrant is hereby granted to officers of law to convey the accused to the prison of [place] and for the detention of the accused therein until such fine is paid, but not exceeding days from the date of imprisonment.

The necessary variations to meet different sentences will be made on this extract. An extract in this form shall be applicable either to sentence on a plea of guilty or on conviction. Where an extract is required for production as evidence of previous conviction, any particulars as to prior convictions may be set forth in a schedule annexed to the extract.

Part VI S Forms of Procedure in Appeals

Modifications etc. (not altering text)

C12 Pt. VI applied by Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 447(2), 450

Stated Case S

In the Court of held at

Case for the opinion of the High Court of Justiciary at Edinburgh

In causa A.B. v. C.D.

This is a cause [here state concisely and without argument the nature of the cause and the facts if any admitted or proved in evidence, any objections to the admission or rejection of evidence taken in the proof, the grounds of the decision, and any other matters necessary to be stated for the information of the superior court.]

The question submitted for the opinion of the Court is:—

[Here state the question or questions seriatim, for the opinion of the Court.]

This case is stated by me [or us].

(Signature of the Inferior Judge, or preses if more than two Judges.)

Minutes of Procedure S

Edinburgh, January, 19 .—The said A.B. craves the court to state a case for the opinion of the High Court of Justiciary.A.B., or C.D., Solicitor for the said A.B.

Eo diethe court fixes £ as the sum to be consigned by the appellant, and grants interim liberation without further caution.

Eo die£ consigned.

January, 19 .—Draft case sent to appellant and duplicate thereof to respondent.

February, 19 .—Last date for receipt of adjustments.

March, 19 .—Case signed and sent to appellant and complaint and productions transmitted to clerk of justiciary.

Where Prosecutor consents to Conviction being set aside S

January, 19 .—The prosecutor consents to the conviction in this case being set aside by the High Court in respect [set forth grounds on which consent given].

(To be signed by the prosecutor or his Solicitor.)

January, 19 .—The Appellant intimated that he did not desire to be heard with reference to the above minute by the prosecutor.

Eo die case transmitted to clerk of justiciary.

The above Minutes of Procedure will, except where otherwise stated, be signed by the clerk of the court.

Sections 53, 76.

THIRD SCHEDULE S Table of Fees

I.—To the Procurator–Fiscal or solicitor acting for a prosecutor other than the public prosecutor of a court.

Framing the complaint and whole proceedings prior to trial	[F16 37½p]
Each copy of complaint for service	[F16 5p]
Attending a trial— If plea of guilty	[F16 25p]
If proof led	[F16 37½p]
If case adjourned for second diet	[F16 25p]

Textual Amendments

F16 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

II.—Court or Clerk’s Dues*

[*These fees do not apply to Sheriff Court proceedings regulated by Act of Sederunt.]
For each complaint	[F16 12½p]
For whole proceedings at trial— If plea of guilty	[F16 12½p]
If proof led	[F16 25p]
Extract of any judgment, conviction, or order	[F16 5p]
Fee for preparing stated case	[F16 £1.50]
To the bar officer for whole proceedings— If plea of guilty	[F16 2½p]
If proof led	[F16 5p]

III.—Officer’s Fees

For serving each complaint and returning execution	[F16 7½p]
For citing each witness	[F16 2½p]
For apprehending a respondent or witness	[F16 12½p]
For each hour the prisoner is necessarily in the custody of the officer beyond the first	[F16 5p]
In any case where a concurrent or assistant is required he will be allowed a sum equal to two–thirds of the fee payable to the officer for the same business.
In addition, necessary travelling expenses to be paid.

IV.—Witnesses

Such reasonable fees and expenses as may be sanctioned by the court.

F17 F17 FOURTH SCHEDULE S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 S. 78, Schs. 1, 4 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I