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Summary Jurisdiction (Scotland) Act 1954

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Jurisdiction

    1. 1.Application of Act

    2. 2.Application of provisions of Criminal Procedure (Scotland) Act, 1887

    3. 3.Jurisdiction of inferior courts of summary jurisdiction

    4. 4.Certain crimes not to be tried in inferior courts of summary jurisdiction

    5. 5.Remit to higher court or other jurisdiction

    6. 6.Boundaries of jurisdiction

    7. 7.Summary powers of sheriff

    8. 8.In certain cases sentence of six months' imprisonment competent

    9. 9.Trial of certain offences

  3. Procedure prior to Trial

    1. 10.Chief constable may, in certain cases, accept bail

    2. 11.Appeal to High Court against refusal of bail in summary cases

    3. 12.Intimation to solicitor

    4. 13.Forms of procedure

    5. 14.Incidental applications

    6. 15.Complaint

    7. 16.Form of the charge in complaint

    8. 17.Orders of court on complaint

    9. 18.Citation

    10. 19.Apprehension of witness

    11. 20.Warrants of apprehension and search

    12. 21.Adjournment for inquiry, etc.

    13. 22.Service of complaints, etc., in and outwith Scotland

    14. 23.Limitation of time for proceedings in statutory offences

    15. 24.Public prosecutor's power to recover penalties

    16. 25.Offences by companies, etc.

  4. Procedure at Trial

    1. 26.First diet, objections to complaint and pleas in absence of accused

    2. 27.Amendment of complaint

    3. 28.Plea of guilty

    4. 29.Plea of not guilty

    5. 30.Failure of accused to appear

    6. 31.Previous convictions

    7. 32.Alibi

    8. 33.Punishment of witnesses for contempt

    9. 34.Administration of oath to same witness in cases at same diet

    10. 35.Proof of official documents

    11. 36.Admissions by parties

    12. 37.Judges equally divided

    13. 38.Record

    14. 39.Proceedings written or printed

  5. Conviction and Sentence Fines

    1. 40.Power to mitigate penalties

    2. 41.Provisions as to fines

    3. 42.Time for payment of fine

    4. 43.Payment of fine by instalments

    5. 44.Transfer of jurisdiction as to person fined

    6. 45.Payment of fine in part by prisoner

  6. Imprisonment, etc.

    1. 46.Detention in precincts of court

    2. 47.Police custody in lieu of imprisonment

    3. 48.Imprisonment in default of payment of fine

    4. 49.Period of imprisonment for non-payment of fine

    5. 50.Recovery by civil diligence

    6. 51.Caution and bail

    7. 52.Payment of fines

    8. 53.Expenses

    9. 54.Forfeiture of implements

    10. 55.Admonition

    11. 56.Forms of finding and sentence

    12. 57.Further provision as to sentence

    13. 58.Correction of errors

    14. 59.Extract sufficient warrant for imprisonment

    15. 60.Provision for court comprising more than one judge

    16. 61.Conviction of part only of charge

  7. Review

    1. 62.Appeal by stated case

    2. 63.Manner and time of appeal

    3. 64.Caution by appellant

    4. 65.Procedure where appellant in custody

    5. 66.Draft stated case to be prepared

    6. 67.Adjustment, signature and transmission to High Court of case

    7. 68.Abandonment of appeal

    8. 69.Record of procedure in appeal

    9. 70.Computation of time

    10. 71.Hearing of appeal

    11. 72.Consent by prosecutor to setting aside conviction

    12. 73.Convictions not to be quashed on certain grounds

    13. 74.Other modes of appeal

    14. 75.Actions of damages in respect of proceedings under this Act

    15. 76.Acts of Adjournal making rules, etc.

    16. 77.Interpretation

    17. 78.Repeals and savings

    18. 79.Short title, commencement and extent

    1. FIRST SCHEDULE

      Provisions of Criminal Procedure (Scotland) Act, 1887, as Applied to Summary Procedure

      1. 4.A person accused may be named and designed in a...

      2. 5.It shall not be necessary in any complaint to specify...

      3. 6.When in any complaint two or more persons are charged...

      4. 7.It shall not be necessary to state in any complaint...

      5. 8.It shall not be necessary in any complaint to allege...

      6. 9.It shall not be necessary in a complaint for an...

      7. 10.The latitude formerly in use to be taken in stating...

      8. 11.The latitude formerly in use to be taken in complaints...

      9. 12.Where in a complaint, whether raised on Act of Parliament...

      10. 13.Where in a complaint or any list or inventory relative...

      11. 14.The word " money " when used in a complaint...

      12. 15.Where in a complaint any document requires to be referred...

      13. 58.Criminal resetting of property shall not be limited to the...

      14. 59.(1) Under a complaint for theft, or for breach of...

      15. 60.Where in a complaint two or more offences or acts...

      16. 61.Attempt to commit any offence punishable on complaint shall itself...

      17. 62.Where any act set forth in a complaint as contrary...

      18. 63.Previous convictions obtained in any part of the United Kingdom...

      19. 64.Previous convictions of any offence inferring personal violence obtained in...

      20. 65.Previous convictions obtained in any part of the United Kingdom...

      21. 68.When in the trial of any complaint, the evidence led...

      22. 69.The declaration of the person accused, the formal parts of...

    2. SECOND SCHEDULE

      Forms of Procedure

      1. Part I Incidental Applications

        1. Form of Warrant or Order to be written on such Petition

      2. Part II Forms of Complaint and Charges

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

        1. Notice as to penalty for statutory offence

        2. Notice of Previous Convictions in charge of Statutory Offence

        3. List of Previous Convictions

        4. Notice of previous convictions in charge of Common Law offence

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

        1. This form only necessary if special diet is required

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

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

        4. Note to be subjoined to Citations of Witnesses

        5. Officer's Execution of Service of Complaint on an Accused Person

        6. Officer's Execution of Citation of a Witness

      5. Part V Minutes of Procedure, &c

        1. Bail Bond

        2. Extract

      6. Part VI Forms of Procedure in Appeals

        1. Stated Case

        2. Minutes of Procedure

        3. Where Prosecutor consents to Conviction being set aside

    3. THIRD SCHEDULE

      Table of Fees

    4. FOURTH SCHEDULE

      1. Enactments Repealed

      2. Table of Status referred to in this Act

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