Part 1 S Criminal justice modernisation

Modernisation of criminal procedures S

4 Sections 1 and 2: transitional provisions and interpretation S

(1) The Criminal Procedure (Scotland) Act 1995 is modified as follows.

(2) After section 303M (inserted by section 2) insert—

“Sections 303C to 303M: transitional provisions and interpretation S

303N Transitional provisions

(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.

303O Interpretation of sections 303C to 303N

(1) In sections 303C to 303N of this Act—

• “court” means any of—

  (a)

  the High Court of Justiciary,

  (b)

  the Sheriff Appeal Court when exercising criminal jurisdiction,

  (c)

  the sheriff courts when exercising criminal jurisdiction, and

  (d)

  justice of the peace courts,

• “enactment” includes—

  (a)

  an enactment contained in any local Act or any order, regulation or other instrument having effect by virtue of an Act, and

  (b)

  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)

  a person who is a public authority and is acting in that capacity, or

  (b)

  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.”.

Commencement Information

I1 S. 4 in force at 1.12.2025, see s. 34(3)(c)