Criminal Procedure (Amendment) (Scotland) Act 2004
Part 1
Proceedings in the High Court
Preliminary hearings
1
Preliminary hearings
2
Written record of state of preparation in certain cases
3
Appeals
4
Prohibition on accused conducting case in person in certain cases
Continuation of trial diet
5
Continuation of trial diet
Part 2
Solemn proceedings generally
6
Time limits
7
Citation
8
Engagement, dismissal and withdrawal of solicitor representing accused
9
Procedure where trial diet does not proceed
10
Trial in absence of accused
11
Obstructive witnesses
12
Service etc. on accused through a solicitor
13
Preliminary pleas and preliminary issues
14
Objections to admissibility of evidence raised without due notice
15
Alteration of diets
16
Uncontroversial evidence
Part 3
Bail
17
Bail conditions: remote monitoring of restrictions on movements
18
Bail review: rights of prosecutor to be heard etc.
Part 4
Miscellaneous and general
Miscellaneous
19
First diet in sheriff court solemn proceedings: witnesses and bail
20
Sentence following guilty plea
21
Increase in extended sentence which may be passed by sheriff court in certain cases
22
Citation of witnesses for precognition
23
Admissibility of prior statements of witnesses
24
Protection of Children (Scotland) Act 2003: references following conviction
General
25
Further modifications of the 1995 Act
26
Ancillary provision
27
Commencement and short title
SCHEDULE
Further modifications of the 1995 Act
1
The 1995 Act is amended as follows.
2
In section 2 (fixing of High Court sittings)—
3
In section 17A(1) (right of person accused of sexual offence...
4
In section 23A (bail and liberation where person already in...
5
In section 24 (bail and bail conditions)—
6
In section 25 (bail conditions: supplementary), after subsection (3) insert—...
7
After section 25 insert— Failure to accept conditions of bail...
8
In section 27 (breach of bail conditions: offences)—
9
In section 28 (breach of bail conditions: arrest of offender...
10
In section 31 (bail review on prosecutor’s application), after subsection...
11
In section 32 (bail appeal)— (a) after subsection (2) insert—...
12
In section 35(4A) (right of person accused of sexual offence...
13
In section 54 (insanity in bar of trial), in subsection...
14
In section 56 (examination of facts: supplementary provisions)—
15
In section 66 (service and lodging of indictment etc.)—
16
In section 67 (witnesses)— (a) in subsection (3)—
17
Section 67A is repealed.
18
In section 68 (productions)— (a) in subsection (3)—
19
In section 69 (intimation of objection to any conviction specified...
20
In section 71 (first diet)— (a) in subsection (2), for...
21
Section 71A is repealed.
22
In section 74 (appeals in connection with preliminary diets), in...
23
In section 75 (computation of certain periods), “72” is repealed....
24
In section 76 (procedure where accused desires to plead guilty),...
25
In section 78 (special defences, incrimination and notice of witnesses...
26
Section 80 (alteration and postponement of trial diet) is repealed....
27
In section 82 (desertion or postponement where accused in custody)—...
28
In section 83 (transfer of sheriff court solemn proceedings)—
29
In section 84 (juries: returns of jurors and preparations of...
30
In section 85 (juries: citation and attendance of jurors)—
31
In section 87 (non-availability of judge)— (a) in subsection (1)(a)—...
32
In section 119 (provision where High Court authorises new prosecution),...
33
In section 140 (citation in summary proceedings), in subsection (1),...
34
In section 156 (apprehension of witnesses), in each of subsections...
35
In section 245A (restriction of liberty orders), in subsection (6)—...
36
In section 245C (remote monitoring), in subsection (2)—
37
In section 245E (variation of restriction of liberty order)—
38
In section 255 (special capacity), in paragraph (a), for the...
39
In section 255A (proof of age), in paragraph (a), for...
40
In section 257 (duty to seek agreement of evidence), after...
41
In section 258 (uncontroversial evidence)— (a) in subsection (2), for...
42
In section 259 (exceptions to the rule that hearsay evidence...
43
In section 271A (special measures for child witnesses)—
44
In section 271C (special measures for vulnerable witnesses other than...
45
In section 275B (provisions supplementary to sections 275 and 275A),...
46
In section 277(2) (transcript of police interview sufficient evidence)—
47
In section 278 (record of proceedings at examination as evidence),...
48
In section 280(6)(a) (routine evidence), after “before” insert—
49
In section 281 (routine evidence: autopsy and forensic science reports)—...
50
In section 281A (routine evidence: reports of identification prior to...
51
In section 282 (evidence as to controlled drugs and medicinal...
52
In section 283 (evidence as to time and place of...
53
In section 284 (evidence in relation to fingerprints)—
54
In section 286 (previous convictions: proof in support of substantive...
55
In section 288C (prohibition of personal conduct of defence in...
56
In section 288D (appointment of solicitor by court in cases...
57
In section 307(1) (interpretation), insert at the appropriate place the...
58
In Schedule 9, in column 1, in the entry relating...

Criminal Procedure (Amendment) (Scotland) Act 2004
2004 asp 5
An Act of the Scottish Parliament to make provision, in connection with proceedings in the High Court of Justiciary, for the holding of preliminary hearings prior to the trial diet; to make new provision as to the continuation of the trial diet in proceedings in the High Court; to amend the time limit for commencement of the trial in proceedings in the High Court; in connection with solemn criminal proceedings generally, to amend the consequences of failure to comply with time limits, to make further provision as to citation of the accused, witnesses and jurors, to require any solicitor engaged by the accused to notify the court and the prosecutor of his engagement, withdrawal and dismissal, to make new provision as to the procedure where the trial diet does not proceed, to enable the trial to be conducted in the absence of the accused in certain circumstances, to provide for the apprehension, detention and release on bail of obstructive witnesses, to enable notices and other documents to be served on the accused through his solicitor, to restate with modifications certain provisions in relation to the raising of preliminary pleas and issues and to make new provision as to the adjournment and alteration of diets; to enable persons to be released on bail subject to a requirement that their compliance with conditions of bail restricting their movements be remotely monitored; to make provision entitling the prosecutor to be heard on certain applications relating to bail; to make further provision as to the matters to be dealt with by the sheriff court at a first diet in solemn proceedings; to make new provision as to the procedure to be followed by the court in sentencing offenders who have pled guilty; to increase from three to five years the maximum extended sentence that may be imposed by a sheriff on persons convicted on indictment of certain violent and sexual offences; to make new provision as to the citation of witnesses for precognition by the prosecutor; to clarify when criminal proceedings are finally determined for the purposes of section 10 of the Protection of Children (Scotland) Act 2003 (asp 5); and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th April 2004 and received Royal Assent on 4th June 2004