(1)The Criminal Procedure (Scotland) Act 1995 is modified as follows.
(2)Before section 304 (and the Part heading immediately preceding it) insert—
(1)An electronic signature fulfills any requirement (however expressed and for whatever purpose) for the signing or initialling of—
(a)a document of a type mentioned in section 303E(1), or
(b)a deletion or correction to such a document.
(2)In this section, “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document.
(1)Any requirement (however expressed) that a document of a type mentioned in section 303E(1) be given to a person may be fulfilled by—
(a)transmitting it to the person electronically, or
(b)transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.
(2)For the purposes of this section—
(a)electronic transmission of a document by one person (“the sender”) to another person (“the recipient”) must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document,
(b)the recipient’s indication of willingness to receive a document in a particular way may be—
(i)specific to the document in question or generally applicable to documents of that kind,
(ii)expressed specifically to the sender or generally (for example on a website),
(iii)inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again,
(c)the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document from the sender to the recipient.
(3)In this section, references to giving a person a document include—
(a)serving a document on a person,
(b)sending a document to a person, and
(c)lodging a document with, or otherwise applying to or petitioning, a court.
(1)The types of document referred to in sections 303C and 303D are—
(a)an order, warrant, sentence, citation, minute or any other document produced by a court,
(b)an extract of any document mentioned in paragraph (a),
(c)any document that an enactment requires to be given to a person in connection with, or in order to initiate, criminal proceedings,
(d)any document that an enactment requires to be signed or initialled in order that it, or any other thing, may be used in criminal proceedings for any purpose including—
(i)being used as evidence, or
(ii)being treated as sufficient evidence of a matter.
(2)But a type of document mentioned in subsection (1) is not to be regarded as mentioned in that subsection for the purposes of section 303C or 303D (or both) if the Lord Justice General directs that it is not.
(3)A direction under subsection (2)—
(a)may relate to some or all criminal proceedings,
(b)may be varied or revoked,
(c)must be made publicly available for so long as it has effect.
In sections 303C to 303E of this Act—
(a)references to a court include an office holder of a court,
(b)“document” includes a copy of a document.”.
(3)The following provisions are repealed—
(a)in section 66 (service and lodging of indictment, etc.), subsections (6C), (6D) and (6E),
(b)section 72G (service etc. on accused through a solicitor),
(c)section 148D (service etc. on accused through a solicitor).
(1)The Criminal Procedure (Scotland) Act 1995 is modified as follows.
(2)After section 303F (inserted by section 1) insert—
(1)This section applies in relation to a hearing in criminal proceedings in which—
(a)a person is to give evidence, and
(b)section 303H does not apply.
(2)A court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.
(3)A court may disapply a requirement for a person’s physical attendance under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would not—
(a)prejudice the fairness of the proceedings, or
(b)otherwise be contrary to the interests of justice.
(4)Nothing in this section affects any other basis upon which a person need not physically attend a court.
(5)References in this section to physically attending a court are to—
(a)being in a particular place, or
(b)being in the same place as another person,
for the purpose of any proceedings before a court or an office holder of a court.
(1)This section applies in relation to criminal proceedings in which the only party is a public official.
(2)Any requirement (however expressed) that a person physically attend a court does not apply, unless the court directs the person to physically attend.
(3)A court may direct a person to physically attend under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would—
(a)prejudice the fairness of the proceedings, or
(b)otherwise be contrary to the interests of justice.
(4)Nothing in this section affects any other basis upon which a person need not physically attend a court.
(5)References in this section to physically attending a court are to be construed in accordance with section 303G(5).
(1)A court may issue a direction under section 303G(2) or 303H(2) on the motion of a party or of its own accord.
(2)The power to issue a direction under section 303G(2) or 303H(2) includes the power to revoke an earlier direction under that section.
(3)In considering whether to issue a direction under section 303G(2) or 303H(2), the court must—
(a)give all parties an opportunity to make representations (subject to subsection (4)), and
(b)have regard to any guidance issued by the Lord Justice General.
(4)A court may, of its own accord, issue the first direction under section 303G(2) or 303H(2) in relation to a hearing or proceedings without having given the parties an opportunity to make representations.
(5)Where a direction under section 303G(2) or 303H(2) is issued as described in subsection (4), the court must—
(a)take steps to ensure that the parties are aware of their right to make a motion for the revocation of the direction, and
(b)deal with any motion for the direction’s revocation,
before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
(1)This section applies in relation to any criminal proceedings other than—
(a)a hearing to which section 303G applies, or
(b)proceedings to which section 303H applies.
(2)Any requirement (however expressed) that a person physically attend a court does not apply if—
(a)a determination made by the Lord Justice General states that it does not, and
(b)the court has not directed the person to physically attend.
(3)A determination under subsection (2)(a)—
(a)may, in particular, disapply a requirement for physical attendance—
(i)in relation to persons, hearings or proceedings described in the determination,
(ii)by enabling a court to disapply it in circumstances specified in the determination,
(b)may make different provision for—
(i)different purposes,
(ii)different areas,
(c)may be varied or revoked,
(d)must set out the reason for making the determination,
(e)must be made publicly available for so long as it has effect.
(4)The Lord Justice General may make a determination under subsection (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by subsection (2)(b)), the Lord Justice General is satisfied that it would not—
(a)prejudice the fairness of proceedings, or
(b)otherwise be contrary to the interests of justice.
(5)A direction under subsection (2)(b)—
(a)may be issued by a court on the motion of a party or of its own accord,
(b)may be revoked.
(6)Where, by reason of a determination under subsection (2)(a), a person is to attend a court hearing by electronic means in accordance with section 303K, the court must—
(a)take steps to ensure that the parties are aware of their right to make a motion for a direction under subsection (2)(b), and
(b)deal with any motion for a direction under that subsection,
before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
(7)Nothing in this section affects any other basis upon which a person need not physically attend a court.
(8)References in this section to physically attending a court are to be construed in accordance with section 303G(5).
(1)A person excused from a requirement to physically attend a court by virtue of section 303G(2), 303H(2) or 303J(2)(a) must instead appear before the court or office holder (as the case may be) by electronic means in accordance with a direction issued by the court.
(2)A person who fails to do so is to be regarded as having failed to comply with the requirement to physically attend from which the person is excused.
(3)A direction under subsection (1)—
(a)is to set out how the person is to appear by electronic means before the court or office holder, including what requirements must be satisfied by the location from which the person is to appear,
(b)may include any other provision which the court considers appropriate,
(c)may be made by a court on the motion of a party or of its own accord.
(4)The power to issue a direction under subsection (1) includes the power to vary or revoke an earlier direction issued under that subsection.
(5)Before issuing a direction under subsection (1), the court must—
(a)give all parties an opportunity to make representations (subject to subsection (6)), and
(b)have regard to any guidance issued by the Lord Justice General.
(6)The court may, of its own accord, issue the first direction under subsection (1) in relation to a hearing or proceedings without having given the parties an opportunity to make representations.
(7)Where a direction is issued as described in subsection (6), the court must—
(a)take steps to ensure that the parties are aware of their right to make a motion for the variation or revocation of the direction, and
(b)deal with any motion for the variation or revocation of the direction,
before taking a decision about any other matter at the hearing, other than a decision to adjourn, a decision in respect of a motion for a direction under section 303G, 303H or 303J or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.
(8)A direction under subsection (1) setting out—
(a)how a party to proceedings is to attend by electronic means a hearing in which a person is to give evidence, must provide for the party to use means that enable the party to both see and hear all of the other parties, the judge and (where applicable) the jury and any witness who is giving evidence,
(b)how a witness who is to give evidence at a hearing is to attend by electronic means, must provide for the witness to use means that enable all of the parties, the judge and (where applicable) the jury to both see and hear the witness.
(9)Nothing in subsection (8) is to be taken to mean that a person is to be enabled to see or hear a witness in a way that measures taken in accordance with an order of the court would otherwise prevent.
(1)A court may—
(a)issue a direction under section 303K(1) that applies for the purpose of all proceedings of a type specified in the direction, provided that the only party to the proceedings is a public official,
(b)issue a further direction under section 303K(1) overriding, for the purpose of specific proceedings, a general direction issued by virtue of paragraph (a).
(2)Section 303K(5)(a) does not apply in relation to a general direction issued by virtue of subsection (1)(a).
Where the Lord Justice General issues guidance relevant to the issuing of directions under section 303G(2), 303H(2) or 303K(1), the Lord Justice General must make the guidance publicly available for so long as it has effect.”.
(1)The Scottish Ministers must, as soon as reasonably practicable after the end of the review period—
(a)undertake a review of the operation of the virtual attendance provisions,
(b)prepare a report on that review,
(c)publish the report and lay a copy of it before the Scottish Parliament.
(2)In undertaking the review, the Scottish Ministers must consult—
(a)the Lord Justice General,
(b)the Scottish Courts and Tribunals Service,
(c)the chief constable of the Police Service of Scotland,
(d)the Lord Advocate,
(e)the Scottish Legal Aid Board,
(f)the Law Society of Scotland,
(g)the Faculty of Advocates, and
(h)such other persons as the Scottish Ministers consider appropriate.
(3)For the purposes of this section—
“review period” means the period of 2 years beginning with the day on which section 2 comes into force,
“virtual attendance provisions” means sections 303G to 303M of the Criminal Procedure (Scotland) Act 1995, as inserted by section 2.
(1)The Criminal Procedure (Scotland) Act 1995 is modified as follows.
(2)After section 303M (inserted by section 2) insert—
(1)A direction or determination under a provision of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 mentioned in the first column of the table below is, insofar as it relates to criminal proceedings, to be treated as though it were a direction or determination under the provision of this Act mentioned in the corresponding entry in the second column.
| Provision of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 under which the direction or determination was issued | Provision of this Act under which the direction or determination is to be treated as having been issued |
|---|---|
| paragraph 3(2)(b) | section 303E(2) |
| paragraph 6(2) | section 303H(2) |
| paragraph 6(4) | section 303G(2) |
| paragraph 7(2)(a) | section 303J(2)(a) |
| paragraph 7(2)(b) | section 303J(2)(b) |
| paragraph 8(1) | section 303K(1) |
(2)A general direction issued by virtue of paragraph 9(1)(a) of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 is to be treated as though it were issued by virtue of section 303L(1)(a) of this Act.
(1)In sections 303C to 303N of this Act—
“court” means any of—
the High Court of Justiciary,
the Sheriff Appeal Court when exercising criminal jurisdiction,
the sheriff courts when exercising criminal jurisdiction, and
justice of the peace courts,
“enactment” includes—
an enactment contained in any local Act or any order, regulation or other instrument having effect by virtue of an Act, and
an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,
“proceedings” includes any process before a court, or any office holder of a court (for example, a process by which a warrant may be obtained for the purpose of investigating a suspected offence),
“public official” means—
a person who is a public authority and is acting in that capacity, or
a person who is acting on behalf of a public authority,
“requirement” means a requirement arising from an enactment or rule of law.
(2)For the purposes of the definition of “public official”, “public authority” is to be construed in accordance with section 6 of the Human Rights Act 1998.”.
(1)The Criminal Procedure (Scotland) Act 1995 is modified as follows.
(2)In section 68 (productions)—
(a)in subsection (2), at the end insert “(but see subsection (2A))”,
(b)after subsection (2), insert—
“(2A)But subsection (2) does not apply to a production if—
(a)it is in electronic form, and
(b)the accused is otherwise given an opportunity to see it in such form.”,
(c)in subsection (3), after “lodged” insert “or the accused has otherwise been given an opportunity to see the production in an electronic form”,
(d)after subsection (3), insert—
“(3A)Where—
(a)a person is adduced to give evidence in relation to a physical item which the person has examined,
(b)an image of the item is a production in the proceedings (by virtue of section 279B), and
(c)the image has been lodged as a production or the accused has otherwise been given an opportunity to see it in an electronic form as mentioned in subsection (3),
subsection (3) applies to the physical item as if it were a production.”.
(3)In section 71 (first diet), in subsection (2A), after “section 275” insert “, or subsection (2) of section 279B”.
(4)In section 79 (preliminary pleas and preliminary issues)—
(a)in subsection (2)(b)—
(i)the word “and” immediately following sub-paragraph (v) is repealed,
(ii)after sub-paragraph (v), insert—
“(va)any other point raised by a party, as regards any matter not mentioned in paragraph (a) or sub-paragraphs (i) to (v), which concerns the accessing, examination, production or use of evidence in an electronic form; and”,
(b)after subsection (2), insert—
“(2A)Subsection (2)(b) is subject to section 279B(7).”.
(5)After section 279A, insert—
(1)In any criminal proceedings an image of physical evidence is, unless the court otherwise directs, to be treated for evidential purposes as if it were the physical evidence itself, whether or not the physical evidence is still in existence.
(2)A direction under subsection (1) may be issued only where, on the application of a party, the court is satisfied that treating the image as if it were the physical evidence itself would prejudice the fairness of the proceedings.
(3)Any application under subsection (2) for a direction must be made—
(a)where an image is disclosed in summary proceedings, no later than 28 days after the date the image is disclosed to the party making the application,
(b)in the case of proceedings on petition or indictment—
(i)where the application is made by the prosecutor in respect of an image of which written notice has been given by the accused in accordance with section 78(4)(a) of this Act, no later than 28 days after the date the notice is given,
(ii)where the application is made by the accused in respect of an image that is included in the list of productions lodged in accordance with section 66(5) of this Act, no later than 28 days after the date the indictment is served.
(4)Subsection (3) does not apply to the extent that the court considers that the application was made as soon as was reasonably practicable.
(5)Where an application under subsection (2) for a direction is made in respect of an image not mentioned in subsection (3), the application may be made—
(a)in the case of summary proceedings, at any time,
(b)in the case of proceedings on petition or indictment, at any time prior to the image being led as evidence in the proceedings.
(6)Where the court issues a direction under subsection (1) in proceedings on petition or indictment, the court may permit the physical evidence to be produced in evidence, notwithstanding that it is not included in any list lodged by the parties and that the notice required by sections 67(5) and 78(4) of this Act has not been given.
(7)An application under subsection (2) for a direction is not a preliminary issue for the purpose of section 79(2)(b) of this Act.
(8)For the purposes of subsection (1), an image of physical evidence—
(a)is a moving or still image,
(b)may include accompanying explanatory material and authenticating documents.
(9)This section does not apply to documents within the meaning of paragraph 8 of schedule 8.
(1)The Lord Advocate must prepare and publish guidance setting out—
(a)factors that prosecutors will take into account when deciding whether to produce an image of physical evidence in reliance on section 279B(1), and
(b)in general terms, where an image is so produced, the approach of prosecutors to the physical evidence.
(2)The Lord Advocate—
(a)may revise the guidance from time to time, and
(b)where the guidance is so revised, must publish the guidance as revised.
(3)In this section, “prosecutor” means the Lord Advocate, the Solicitor General, Crown Counsel or the procurator fiscal (and any person duly authorised to represent or act for them).”.
(6)In section 281 (production of autopsy and forensic science reports)—
(a)in subsection (1), after “prosecutor” insert “, or the accused has otherwise been given an opportunity to see the report in an electronic form,”,
(b)in subsection (2) after “production” insert “, or providing the accused with an opportunity to see the report in an electronic form,”.
(1)Schedule 8 (documentary evidence in criminal proceedings) of the Criminal Procedure (Scotland) Act 1995 is modified as follows.
(2)After paragraph 1(1), insert—
“(1A)For the purposes of any criminal proceedings, where—
(a)a copy of, or of a material part of, a document is stored on the digital evidence storage system, and
(b)either—
(i)the copy was created by the document, or the material part, being uploaded to that system from another electronic device (“the initial copy”), or
(ii)the copy is a subsequent version of the initial copy,
the copy is to be deemed and treated as mentioned in sub-paragraph (1) unless, in the case mentioned in paragraph (b)(ii), the court otherwise directs.
(1B)The court may direct that a copy of a document, or of a material part of a document, to which sub-paragraph (1) or (1A) does not apply is to be deemed and treated as mentioned in sub-paragraph (1)(a) and (b).”.
(3)After paragraph 1(2), insert—
“(2A)This paragraph is without prejudice to section 279A(2) (evidence from certain official documents).”.
(4)In paragraph 1(3), for “a transcript or reproduction” substitute “—
(a)a transcript,
(b)a reproduction,
(c)a document uploaded to an electronic device from another electronic device.”.
(5)In paragraph 6(1)(b), after “1(1),” insert “1(1A)(b)(ii),”.
(6)In paragraph 8, after the definition of “criminal proceedings” insert—
““digital evidence storage system” means—
the system operated by the Police Service of Scotland for the digital storage, sharing and presentation of evidence in criminal investigations and proceedings known as the Digital Evidence Sharing Capability, or
such other digital system as may be prescribed,”.
(1)The Criminal Procedure (Scotland) Act 1995 is modified as follows.
(2)After section 283 insert—
(1)For the purposes of any criminal proceedings—
(a)where visual images (and any sounds) recorded on a body-worn video camera are produced in evidence by the prosecution, and
(b)any or all of the time, date and place of the events recorded are displayed on the recording produced,
the recording is, so far as not disputed under subsection (3), sufficient evidence of the details that are displayed.
(2)Subsection (1) does not apply in relation to visual images (and any sounds) recorded on a body-worn video camera unless the prosecutor has—
(a)disclosed the recording to the accused, and
(b)informed the accused in writing of the accused’s ability to serve a notice under subsection (3) and the period within which any such notice must be served.
(3)If the accused, within the period specified in subsection (4), serves notice on the prosecutor that the accused disputes the accuracy of the details of the time, date or place of the events recorded (or of any part of those events) as displayed on the recording, subsection (1) does not apply in relation to the details that are disputed.
(4)The period within which any notice under subsection (3) must be served is the period of 7 days beginning with the date on which the requirements of subsection (2) were met (or if they were met on different dates, the later of those dates).
(5)For the purposes of this section, “body-worn video camera” means a video recording device issued to and worn by—
(a)a constable, or
(b)a person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012,
together with any associated equipment required for recording visual images (and any sounds).
(6)The Scottish Ministers may by regulations modify subsection (5) so as to add a person, vary the description of a person, or remove a person.
(7)Before making regulations under subsection (6), the Scottish Ministers must consult—
(a)the chief constable of the Police Service of Scotland,
(b)the Lord Advocate, and
(c)the Lord Justice General.
(8)Regulations under subsection (6)—
(a)may include transitional, transitory or saving provision,
(b)are subject to the negative procedure.”.
(1)In section 302 (fixed penalties) of the Criminal Procedure (Scotland) Act 1995—
(a)in subsection (7A), for “£300 or such higher sum as the Scottish Ministers may by order specify” substitute “£500”,
(b)after subsection (7A), insert—
“(7B)The Scottish Ministers may by regulations amend subsection (7A) so as to substitute for the sum for the time being specified there a higher sum.”,
(c)in subsection (8), for “or (7A)” substitute “or regulations under subsection (7B)”.
(2)In the Criminal Procedure (Scotland) Act 1995 Fixed Penalty Order 2008 (S.S.I. 2008/108), for the schedule substitute—
Article 2
| Level on the scale | Amount of fixed penalty |
|---|---|
| 1 | £50 |
| 2 | £75 |
| 3 | £100 |
| 4 | £150 |
| 5 | £200 |
| 6 | £250 |
| 7 | £300 |
| 8 | £400 |
| 9 | £500”. |
(1)The Criminal Procedure (Scotland) Act 1995 is modified in accordance with subsections (2) and (3).
(2)Before section 6, insert—
(1)A calling of criminal proceedings in the sheriff court to which subsection (2) or (3) applies may be dealt with—
(a)in any sheriff court in Scotland, and
(b)by a sheriff of any sheriffdom.
(2)This subsection applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody—
(a)having been arrested by a constable in connection with the matter to which the proceedings relate, and
(b)without having subsequently—
(i)been released from custody, or
(ii)had a court authorise the person’s continued remand in custody.
(3)This subsection applies to a calling of proceedings on petition in which—
(a)the person who is the subject of the proceedings is appearing from custody after a court authorised the person’s remand, and
(b)the hearing is not able to be held in that court due to the closure of the court building by reason of emergency or other special circumstances.
(4)If more than one person is the subject of the proceedings, the reference in subsection (2) or, as the case may be, (3) to the person who is the subject of the proceedings is to be read as referring to any of them.
(5)It is for the Lord Advocate or the procurator fiscal to determine in which sheriff court a calling to which subsection (2) or (3) applies is to be taken.
(6)Where proceedings have come before a sheriff court by virtue of subsection (1), and are proceedings to which subsection (2) applies, the proceedings may continue to be dealt with—
(a)in the same sheriff court, and
(b)by a sheriff of any sheriffdom.
(7)The ability for proceedings to be dealt with by virtue of subsection (6) comes to an end as follows—
(a)in the case of summary proceedings, insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, the proceedings cannot continue to be dealt with by virtue of subsection (6) after the end of the diet at which that plea was tendered,
(b)in the case of proceedings on petition or indictment—
(i)insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, the proceedings cannot continue to be dealt with by virtue of subsection (6) after the end of the diet at which that plea was tendered,
(ii)the proceedings cannot continue to be dealt with by virtue of subsection (6) after the committal of the accused person until liberation in due course of law,
(iii)the first diet, and any proceedings which follow on from it, cannot be dealt with by virtue of subsection (6).
(8)Insofar as the ability to deal with proceedings by virtue of subsection (6) is not brought to an end by subsection (7), proceedings may continue to be dealt with by virtue of subsection (6) until their conclusion.
(9)For the purposes of subsection (6), proceedings on petition and any subsequent proceedings on indictment are to be treated as the same proceedings.
(1)This section applies where—
(a)a calling of criminal proceedings has come before a sheriff court by virtue of section 5B(1), and
(b)the proceedings are in respect of an accused person’s failure to attend a diet in summary proceedings or proceedings on indictment (“the principal proceedings”).
(2)If the principal proceedings are proceedings on indictment, the court may deal with them until the end of the diet in which the calling mentioned in subsection (1)(a) takes place.
(3)If the principal proceedings are summary proceedings, they may be dealt with—
(a)in the same sheriff court, and
(b)by a sheriff of any sheriffdom,
unless, and until the end of the diet at which, a plea of not guilty is rejected.
(4)Despite subsections (2) and (3), the court may pass a sentence or otherwise dispose of the principal proceedings only where—
(a)evidence has not been led in the principal proceedings, or
(b)the court considers that for it to pass a sentence or otherwise dispose of the case would be in the interests of justice.
(5)For the purposes of subsection (3), a plea of not guilty is rejected where—
(a)the accused person—
(i)tenders a plea of not guilty, or
(ii)confirms that the person is adhering to a previously tendered plea of not guilty, and
(b)that plea is not accepted by the prosecutor.
(1)A sheriff has jurisdiction for all cases which come before the sheriff by virtue of section 5B or 5C.
(2)A procurator fiscal for a sheriff court district has—
(a)power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the sheriff court of that district by virtue of section 5B or 5C,
(b)the like powers in relation to such cases as the prosecutor has for the purposes of other cases that come before the sheriff when exercising criminal jurisdiction.
(3)For the purposes of sections 5B and 5C—
(a)a sheriff may, in every sheriffdom, without the need for further commission, exercise the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings,
(b)paragraph (a) applies accordingly to any other member of the judiciary, so far as that member has the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings.
(4)This section, and sections 5B and 5C, are without prejudice to—
(a)any other provision in this Part, and
(b)sections 34A and 137C.
In sections 5B to 5D of this Act, “criminal proceedings” means any proceedings in which a sheriff court is exercising criminal jurisdiction including in particular—
(a)proceedings on petition,
(b)proceedings on indictment,
(c)summary proceedings,
(d)ancillary proceedings, such as proceedings in respect of—
(i)breach of bail,
(ii)non-payment of a fine or other monetary penalty,
(iii)breach of an order of a court, or
(iv)failure of an accused person or a witness to attend a diet.”.
(3)After section 7, insert—
(1)A calling of criminal proceedings in a JP court to which subsection (2) applies may be dealt with—
(a)in any JP court in Scotland, and
(b)by a justice of the peace, summary sheriff or sheriff of any sheriffdom.
(2)This subsection applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody—
(a)having been arrested by a constable in connection with the matter to which the proceedings relate, and
(b)without having subsequently—
(i)been released from custody, or
(ii)had a court authorise the person’s continued remand in custody.
(3)If more than one person is the subject of the proceedings, the reference in subsection (2) to the person who is the subject of the proceedings is to be read as referring to any of them.
(4)It is for the procurator fiscal to determine in which JP court a calling to which subsection (2) applies is to be taken.
(5)Where proceedings have come before a JP court by virtue of subsection (1), the proceedings may continue to be dealt with—
(a)in the same JP court, and
(b)by a justice of the peace, summary sheriff or sheriff of any sheriffdom.
(6)Insofar as proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the procurator fiscal, they cannot continue to be dealt with by virtue of subsection (5) after the end of the diet at which that plea was tendered.
(7)Insofar as the ability to deal with proceedings by virtue of subsection (5) is not brought to an end by subsection (6), proceedings may continue to be dealt with by virtue of subsection (5) until their conclusion.
(8)For the purposes of this section and section 7B, the jurisdiction and powers of the JP court are exercisable by a sheriff.
(1)This section applies where—
(a)a calling of proceedings has come before a JP court by virtue of section 7A(1), and
(b)the proceedings are in respect of an accused person’s failure to attend a diet in criminal proceedings (“the principal proceedings”).
(2)The principal proceedings may be dealt with—
(a)in the same JP court, and
(b)by a justice of the peace, summary sheriff or sheriff of any sheriffdom,
unless, and until the end of the diet at which, a plea of not guilty is rejected.
(3)Despite subsection (2), the court may pass a sentence or otherwise dispose of the principal proceedings only where—
(a)evidence has not been led in the principal proceedings, or
(b)the court considers that for it to pass a sentence or otherwise dispose of the case would be in the interests of justice.
(4)For the purposes of subsection (2), a plea of not guilty is rejected where—
(a)the accused person—
(i)tenders a plea of not guilty, or
(ii)confirms that the person is adhering to a previously tendered plea of not guilty, and
(b)that plea is not accepted by the procurator fiscal.
(1)A JP court has jurisdiction for all cases which come before it by virtue of section 7A or 7B.
(2)A procurator fiscal for the area of a JP court has—
(a)power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the JP court of that area by virtue of section 7A or 7B,
(b)the like powers in relation to such cases as the procurator fiscal has for the purposes of other cases that come before the JP court.
(3)For the purposes of sections 7A and 7B, a justice of the peace, summary sheriff or sheriff may, in every sheriffdom, without the need for further commission, exercise the jurisdiction and powers that attach to the office of justice of the peace.
(4)This section, and sections 7A and 7B, are without prejudice to—
(a)any other provision in this Part,
(b)section 137CC, and
(c)section 62 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.
(1)In sections 7A to 7C of this Act, “criminal proceedings” means any proceedings in which a JP court is exercising jurisdiction including in particular ancillary proceedings, such as proceedings in respect of—
(a)breach of bail,
(b)non-payment of a fine or other monetary penalty,
(c)breach of an order of a court, or
(d)failure of an accused person or a witness to attend a diet.
(2)For the purposes of sections 7A to 7C, sections 61 and 63 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 apply in respect of a sheriff as they apply in respect of a summary sheriff.”.
(4)In section 62 (area and territorial jurisdiction of JP courts) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, in subsection (3), after “Sections” insert “7A to 7D,”.
Proceedings which have come before a sheriff court by virtue of paragraph 16(1) of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 are, for the purposes of sections 5B to 5D of the Criminal Procedure (Scotland) Act 1995 (as inserted by section 9(2) of this Act), to be treated as though they came before that court by virtue of section 5B(1) of the Criminal Procedure (Scotland) Act 1995.
(1)The Criminal Procedure (Scotland) Act 1995 is modified in accordance with subsections (2) to (6).
(2)In section 65 (prevention of delays in trials), after subsection (2) insert—
“(2A)For the avoidance of doubt, where a charge has been added to the indictment under section 70AA, nothing in subsection (1A) affects the indictment as respects the additional charge (and, accordingly, the accused is not discharged from the indictment in relation to that charge).”.
(3)In section 70 (proceedings against organisations), in subsection (4), after paragraph (a) insert—
“(aa)making representations regarding an application to add an additional charge to the indictment under section 70AA; or”.
(4)After section 70A insert—
(1)After the service of the indictment on the accused, it is competent, on application by the prosecutor, to amend the indictment to add an additional charge against the accused (or any or all of the accused if more than one).
(2)The court—
(a)may grant an application only where the conditions mentioned in subsection (3) are satisfied, and
(b)must, if those conditions are so satisfied, grant the application, unless it considers there is just cause not to.
(3)The conditions are that—
(a)the prosecutor was not aware, and could not reasonably have been aware, of the act or omission forming the subject matter of the additional charge before the service of the indictment, and
(b)the prosecutor made the application as soon as reasonably practicable after becoming so aware.
(4)Any application under subsection (1)—
(a)must be made at least two months before the trial diet, or
(b)may be made at a later date on special cause shown.
(5)Subsection (4) does not apply where the trial diet has not been fixed at the time of making the application.
(6)At the same time as an application under subsection (1) is made, the application must be intimated to the accused or, if more than one, to all of the accused (regardless of whether the additional charge would be against all of them).
(7)On receipt of an application under subsection (1) the court must, subject to subsection (8), fix a diet for hearing the application and, in a case where subsection (4)(b) applies, for considering any representations regarding a late application.
(8)The court may proceed to determine the application without fixing a diet under subsection (7) where—
(a)a diet has already been fixed at which such matters can be appropriately dealt with, or
(b)the accused consents to the charge being added to the indictment.
(9)The court may determine an application at a first diet only if the accused has first stated how the accused pleads to the indictment under section 71(6) (as to preliminary hearings, see section 72(6)).
(10)Where an application is being heard at a first diet or preliminary hearing—
(a)if a plea of guilty is tendered and accepted in respect of the indictment, the court must refuse the application,
(b)in the event that the court grants the application, the court is to require the accused to tender a plea in respect of the additional charge at that diet.
(11)Where the court is determining an application at a diet other than a first diet, the court may, on cause shown, allow a hearing in respect of an application to proceed notwithstanding the absence of the accused.
(12)Where it appears to the court that the accused may in any way be prejudiced in the accused’s defence on the merits of the case by an amendment to the indictment under this section, the court must grant such remedy to the accused by adjournment or otherwise as appears to the court to be just.
(13)An amendment to an indictment made under this section must be sufficiently authenticated by the initials of the clerk of court.
(14)Where—
(a)the charge added to the indictment under this section is of committing an offence listed in section 66(14A)(b), and
(b)the accused has not previously received a notice containing intimation of the matters specified in section 66(6A)(a) in respect of the current proceedings,
the accused must, as soon as is reasonably practicable after the charge is added to the indictment, be served with a notice specifying such matters.
(15)A failure to comply with subsection (14) does not affect the validity or lawfulness of the proceedings against the accused.
(16)Intimation of an application under subsection (1) and service of any notice under subsection (14) may be effected by any officer of law.
(17)Where an application under subsection (1) is determined at a diet other than the first diet or preliminary hearing, section 74 and any Act of Adjournal made under that section apply to the determination as they apply to a decision taken at a first diet or a preliminary hearing.
(18)In this section, “the court” means—
(a)where the indictment has been served on the accused in respect of the High Court, a single judge of that court,
(b)in any other case, the sheriff.”.
(5)In section 71 (first diet)—
(a)in subsection (2A), after “of” where it first appears insert “section 70AA,”,
(b)in subsection (3), for the words from “for” to the end substitute “mentioned in subsection (2A)”.
(6)In section 72 (preliminary hearing procedure), in subsection (6)(b)(iii), after “section” insert “70AA,”.
(7)The Criminal Justice and Licensing (Scotland) Act 2010 is modified in accordance with subsections (8) to (12).
(8)In section 117 (provision of information to prosecutor: solemn cases)—
(a)in subsection (1)—
(i)the word “or” immediately following paragraph (a) is repealed,
(ii)in paragraph (b) at the end insert “, or
(c)a charge is added to the indictment under section 70AA of the 1995 Act after the accused has appeared as mentioned in paragraph (a) or (b).”,
(b)in subsection (2)—
(i)after “appearance” where it first appears insert “or, as the case may be, the addition of the charge”,
(ii)after “appearance” where it second appears insert “or additional charge”,
(iii)at the end, insert “(other than, in the case of an additional charge, any information that has previously been provided to the prosecutor in relation to the accused under this section)”.
(9)In section 118 (continuing duty to provide information: solemn cases), in subsection (2), at the end insert “(other than, in the case of an additional charge, any information that has previously been provided to the prosecutor in relation to the accused under this section)”.
(10)In section 121 (prosecutor’s duty to disclose information)—
(a)in subsection (1)—
(i)the word “or” immediately following paragraph (b) is repealed,
(ii)after paragraph (b) insert—
“(ba)a charge is added to the indictment under section 70AA of the 1995 Act after the accused has appeared as mentioned in paragraph (a) or (b), or”,
(b)in subsection (2)—
(i)in the opening words after “appearance” insert “, the addition of the charge”,
(ii)in paragraph (b), at the end insert “(other than, in the case of an additional charge, any information that has previously been disclosed to the accused under this section)”.
(11)In section 122 (disclosure of other information: solemn cases)—
(a)in subsection (1), for “or (b)” substitute “, (b) or (ba)”,
(b)in subsection (2), at the end insert “(other than, in the case of an additional charge, any information that has previously been disclosed to the accused under this section)”.
(12)In section 123 (continuing duty of prosecutor), in subsection (3)—
(a)for “or (b)” substitute “, (b) or (ba)”,
(b)at the end insert “(other than, in the case of an additional charge, any information that has previously been disclosed to the accused under this section)”.