Criminal Procedure (Scotland) Act 1975

456 Actions of damages in respect of proceedings under this Part of this Act

(1) No judge, clerk of court or prosecutor in the public interest shall be found liable by any court in damages for or in respect of any proceedings taken, act done, or judgment, decree or sentence pronounced under this Part of this Act, unless—

(a) the person suing has suffered imprisonment in consequence thereof; and

(b) such proceeding, act, judgment, decree or sentence has been quashed; and

(c) the person suing shall specifically aver and prove that such proceeding, act, judgment, decree or sentence was taken, done or pronounced maliciously and without probable cause.

(2) No such liability as aforesaid shall be incurred or found where such judge, clerk of court or prosecutor shall establish that the person suing was guilty of the offence in respect whereof he had been convicted, or on account of which he had been apprehended or had otherwise suffered, and that he had undergone no greater punishment than was assigned by law to such offence.

(3) No action to enforce such liability as aforesaid shall lie unless it is commenced within two months after the proceeding, act, judgment, decree or sentence founded on, or in the case where the Act under which the action is brought fixes a shorter period, within that shorter period.

(4) In this section " judge " shall not include " sheriff", and the provisions of this section shall be without prejudice to the privileges and immunities possessed by sheriffs.