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Criminal Justice (Scotland) Act 1949

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This is the original version (as it was originally enacted).

39Previous convictions in proceedings on indictment

(1)The following provisions shall have effect with regard to previous convictions of persons proceeded against on indictment—

(a)No mention shall be made in the indictment of previous convictions, nor shall extracts of previous convictions be included in the list of productions annexed to the indictment;

(b)If the prosecutor desires to place before the court any previous conviction as an aggravation of any charge contained in the indictment, he shall cause to be served on the accused with the indictment a notice in the form as nearly as may be of Form No. 1 of the Seventh Schedule to this Act and any conviction set forth in that notice shall be held to apply to the accused unless he gives, in accordance with the next succeeding paragraph, written intimation objecting to such conviction on the ground that it does not apply to him or is otherwise inadmissible;

(c)Where the accused pleads not guilty at the first diet intimation objecting to a conviction under the last foregoing paragraph shall be given, at least five clear days before the second diet, to the Crown Agent, where the accused is cited to the High Court of Justiciary for the second diet, or to the procurator fiscal of the district to the court of which the accused is cited for the second diet where the case is to be tried in the sheriff court; and where the accused pleads guilty at the first diet, no objection to any such conviction shall be entertained unless the accused has given at least two clear days before that diet intimation to the procurator fiscal of the district to the court of which the accused is cited for that diet;

(d)Where notice is given by the accused under section thirty-one of the Criminal Procedure (Scotland) Act, 1887, of his intention to plead guilty and the prosecutor desires to place before the court any previous conviction as an aggravation of the charge, he shall cause to be served on the accused with the indictment a notice in the form as nearly as may be of Form No. I of the Seventh Schedule to this Act, and any conviction set forth in that notice shall be held to apply to the accused unless within two days after service of the notice he gives to the procurator fiscal written intimation objecting to such conviction on the ground that it does not apply to him or is otherwise inadmissible;

(e)Previous convictions shall not be laid before the presiding judge until the prosecutor moves for sentence, and in that event the prosecutor shall lay before the judge a copy of the notice referred to in paragraph (b) or paragraph (d) of this subsection;

(f)Where any such intimation as aforesaid is given it shall be competent to prove any previous conviction included therein in the manner set forth in section sixty-six of the Criminal Procedure (Scotland) Act, 1887, and the provisions of the said section shall apply accordingly.

(2)Any conviction which is admitted in evidence by the court under the last foregoing subsection shall be entered in the record of the trial.

(3)Nothing herein contained shall prevent evidence of previous convictions being led in any case where such evidence is competent in support of a substantive charge.

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