Criminal Procedure (Scotland) Act 1975
PART ISolemn Procedure
Jurisdiction
1Application of Part I of this Act
2Jurisdiction and powers of courts of solemn jurisdiction
3Jurisdiction of sheriff
4Boundaries of jurisdiction
5Procedure in case of crime in different districts
6Jurisdiction and procedure in respect of certain indictable offences committed abroad
7Theft outside Scotland
8Trial of certain crimes and offences in sheriff court
9Instructions by Lord Advocate as to reporting offences
10Intimation of proceedings in High Court to Lord Advocate
11Procedure after intimation Procedure Prior to Trial
Procedure prior to Trial
Arrest, Judicial Examination, Custody, Bail, Etc
12Petitions for warrants
13Warrants for arrest of escaped prisoners and mental patients
14Warrant to search for or remove a child
15Sheriff's warrant may be executed out of district
16Backing of certain warrants from the Isle of Man
17Execution of Scottish warrants in England and vice versa
18Power of constable to take offenders into custody
19Prisoners before examination to have access to solicitor
20Accused at examination need not emit a declaration
21Examination of accused on charges arising in different districts
22Committal until liberation in due course of law
23Remand and committal of persons under 21
24Committal of children to custody in place of safety
25Power of court to commit to hospital a person suffering from mental disorder
26Bail competent before committal
27Renewal of application for bail after committal
28Admission or refusal of bail after committal
29Amount of bail
30Application for review of court's decision on bail and caution
31Appeal in respect of bail
32No fees exigible against accused in respect of application for bail
33Liberation of applicant when appeal by public prosecutor
34Power of court to refund bail
35Right of Lord Advocate and High Court to admit a person to bail
36Citation of persons liberated on bail at domiciles specified in bail bonds
37Power to order parent to give security for child's good behaviour
38Separation of children from adults at courts, etc.
39Attendance at court of parent of child charged with an offence, etc.
40Notice to local authority of charge against a child
The Indictment
41Indictment forms
42Procedure on resignation, death or removal of Lord Advocate
43Naming of accused
44Nomen juris unnecessary
45Case of two or more persons charged
46" Guilty, actor or art and part " unnecessary
47" All which or part " implied
48Qualifying words to be implied
49Quotation of statutes unnecessary
50Latitude as to time and place
51Latitude as to quantities, persons, things or modes
52Description of buildings, goods, money or other property
53Description of persons, goods, etc.
54" Money" to include coin, bank notes and post office orders
55Setting forth documents unnecessary
56Declarations, etc. not averred
57Indictments, etc., written or printed or partly so
58Authentication of alterations to indictment, etc.
59Reset
60Robbery, etc., to include reset, theft to include breach of trust, etc.
61Procedure where more than one crime charged
62Mode of charging certain offences committed against two or more children under 17
63Attempt at crime
64Statutory offences which are offences at common law
65Superfluous particulars as to identity
66Proof of exceptions, qualifications, etc.
67Offence committed in special capacity
Notice of previous convictions
68Notice of previous convictions
Citation of Accused, Witnesses and Jurors
69Warrants for citation
70Service of indictment and list of witnesses
71Manner of service of indictment, etc.
72Officers may cite jurors and witnesses, without witnesses and oath of officer sufficient evidence of citation
73Execution of citation of indictment
74Proceedings against bodies corporate
Fixing the Diets
75Two diets
76Notice for first diet
77Alteration of diet
Lodging of List of Witnesses, Productions, Special Defence, Etc
78Record copy indictment and list of witnesses
79Description of witnesses
80Objection to witnesses
81Examination by prosecutor of witnesses, etc., not included in lists lodged
82Written notice of special defence and examination of witnesses and productions not included in lists lodged
83Accused entitled to see productions
84Proof as to productions
Preparation of Jury List, etc.
85Forty-five jurors to be returned for trials
86Jurors for High Court at Edinburgh
87Jurors for High Court when on circuit
88Area from which jury summoned to circuit court
89Jurors in inferior courts
90Order in which names of jurors are to be taken
91Names of jurors dying or becoming disqualified to be passed over in making returns of jurors
92Jurors as returned to serve on trials
93Names of jurors to be inserted in one roll
94One list of assize sufficient for all trials at the same diet in High Court
95No irregularity in lists, etc., to be an objection to jurors
96Notice of jury list
97Sufficient jurors only to be summoned
98Jurors to be cited by registered letter or recorded delivery
99Fining of jurors for non-attendance
100No exemptions by sex or marriage from liability to serve as juror
Delay in trial
101Prevention of delay in trials
Accelerated Trial
102Procedure where accused desires to plead guilty
First Diet
103Sheriff court case
104Remit to High Court for sentence
105High Court case
106Power to convict on plea of guilty to offence other than that charged in indictment
107Solicitor of place of second diet may defend at both diets
108Certain objections competent only at first diet
109Interlocutor of relevancy unnecessary
110Where sentence delayed, original warrant of commitment stands
111Postponement on old warrant where diet deserted
Sittings of High Court
112Sittings of Court of Justiciary
113Judges in High Court
114Power to High Court to determine circuits, etc.
115Sitting dispensed with
116Adjournment of second diet
117Sitting transferred where few cases
118Trial on adjacent circuit
119Place of certain trials
120Notification after first diet of intention to plead guilty
Procedure at Trial
121Second diet-Transcript of procedure at first diet
122Review at second diet in High Court
123Amendment of indictment
124On plea of guilty, jury to be dispensed with and sentence pronounced
125On plea of not guilty, jury to be balloted and sworn
126On plea of not guilty, the indictment need not be read over
127Procedure where trial does not take place
128Provision for death or illness of judge
129Jury to be chosen by ballot in open court
130Challenges and objections to jurors
131Juror without citation not to be objected to
132Jurors chosen for one trial may continue to serve
133Jurors may be excused
134Provision for death or illness of jurors
135Clerk to state charge, and swear jury
136Trial to be continuous
137Seclusion of jury
138Witnesses not to be excluded by reason of conviction, interest, etc.
139Witnesses admissible notwithstanding relationship to parties
140Presence in court not to disqualify witnesses in certain cases 141. Accused and spouse competent witnesses for defence
141The accused and the spouse of the accused shall be...
142Evidence of accused
143Spouse as witness in certain cases
144Notice of spouse as witness
145Trial in open court
146Sheriff's notes of evidence
147Witness may be examined, etc., as to having previously made a different statement
148Examination of witness
149Witness may be recalled
150Admissions and agreements as to evidence
151Declarations to be received in evidence without being sworn to by witnesses
152Defence to speak last
153Seclusion of jury, etc., after retiral
154Oral verdicts to be returned by juries
155Verdicts may be returned by juries without retiring
156Interruption of trial for verdict in earlier trial
157Interruption of trial for plea or sentence in another cause
158No proceeding under section 156 or 157 of this Act to be deemed an irregularity
159Previous convictions
160Laying of previous convictions before jury
161Laying of previous convictions before judge
162Extract convictions to be received and manner of proof
163Extract conviction to be issued by clerk having record copy of indictment
164Proof of previous convictions by fingerprints
Procedure at trial involving children
165Child under 14 not to be in court during trial of another person
166Power to clear court while child is giving evidence in certain cases
167Power to proceed with case in absence of person under 17
168Power of court, in respect of certain offences against a child, to refer child to reporter
169Power to prohibit publication of certain matter
170Age of criminal responsibility
171Presumption and determination of age of child
172Welfare of child
173Reference and remit of children's cases by courts to children's hearings
Procedure at trial of persons suffering from mental disorder
174Insanity in bar of trial or as the ground of acquittal
175Power of court to order hospital admission or guardianship
176Requirements as to medical evidence
177Supplementary provisions as to hospital orders
178Power of court to restrict discharge from hospital
Conviction and Sentence
Adjournment and remand
179Power of court to adjourn a case before sentence
180Remand for inquiry into physical or mental condition
Admonition and discharge
181Admonition
182Absolute discharge
Probation
183Probation
184Probation orders requiring treatment for mental condition
185Discharge and amendment of probation orders
186Failure to comply with requirement of probation order
187Commission of further offence
188Probation orders relating to persons residing in England
189Further provisions as to probation orders
190Supplementary provisions as to probation
191Effects of probation and absolute discharge
192Probation reports
Penalties for statutory offences
193Power to mitigate penalties
Fines
194Time for payment
195Payment by instalments
196Fines, etc., may be enforced in other district
197Imprisonment in default of payment of fine
198Substitution of custody for imprisonment where a child defaults on fine
199Period of imprisonment for non-payment of fine
200Discharge from imprisonment to be specified
201Payment of fine in part by prisoner
202Remission of fine where young offender detained
203Fines payable to H.M. Exchequer
Borstal training
204Borstal training
Imprisonment, etc.
205Life imprisonment for murder
206Punishment of person under 18
207Restriction on imprisonment of person under 17
208Restriction on detention of person under 21
209Detention in detention centre
210Term of detention in a detention centre
211Recall to Borstal on re-conviction
212Recall to young offenders institution on re-conviction
213Revocation of licence by court
214Return to prison in case of breach of supervision
215Legal custody
Miscellaneous provisions as to conviction, sentence, etc.
216Art and part guilt of statutory offence
217Form of sentence
218Consideration of time spent in custody
219Deferred sentence
220Capital sentence not competent under this Act
221No penal servitude or hard labour
222No fees exigible
223Forfeiture of property
224Warrant of search for forfeited articles
225Interlocutors to be signed by clerk
226Record copies to be inserted in books of adjournal of High Court
227Indictment to be inserted in record book in sheriff court
Appeal
Procedure prior to hearing
228Right of appeal
229Certificate by judge that case appealable
230Bill of suspension not competent
231Time for appealing
232Calculating days of appeal, etc.
233Forms for appeal
234Presentation of appeal in writing
235Applications may be made orally or in writing
236Proceedings in sheriff court to be furnished
237Judge's notes and report to be furnished
238Admission of appellant to bail
239Notice to appellant of date of hearing
240Appellant may be present at hearing
241Notice to authorities, etc., of date of hearing
242Notice to Prison Commissioners of attendance of appellant at hearing
243Warders to attend court
244Abandonment of appeal
Procedure at hearing
245Quorum and sitting of High Court
246Sittings to be arranged by Lord Justice General
247Powers which may be exercised by a single judge
248Single judge may act wherever convenient
249Interlocutory proceedings
250Representation before single judge
251Appeal against refusal of application
252Supplemental powers of High Court
253Evidence in court or on commission
254Determination of appeals
255Substitution of verdict
256Frivolous appeals
257Failure to appear at hearing
258Appellant may be sentenced in absence
259Continuation of hearing
260Notice of decision of court on application
261Notice of determination of appeal
262Finality of proceedings
Further provisions as to appeals
263Prerogative of mercy
264Disqualification, forfeiture, etc.
265Fines and caution
266Expenses
267No fees exigible
268Reckoning of time spent pending appeal
269Extract convictions
270Custody of trial documents, etc.
271Clerk of Justiciary to furnish forms, etc.
272Note to be kept of appeal
273Register of appeals
274Shorthand notes of trial
275Certification of shorthand notes, etc.
276Declaration administered to shorthand writer
277Non-compliance with certain provisions may be waived
278Forms of procedure may be varied
279Interpretation of sections 228 to 278 of this Act
280Appeals against hospital orders, etc.
Miscellaneous
281High Court proceedings final
282Acts of Adjournal
PART IISummary Procedure
Jurisdiction
283Application of Part II of this Act
284Jurisdiction of inferior courts
285Certain crimes not to be tried in inferior courts
286Remit to higher court or other jurisdiction
287Boundaries of jurisdiction
288Jurisdiction of sheriff
289Summary powers of sheriff
290When six months' imprisonment competent
291Trial of certain offences
292Theft outside Scotland
293Instructions by Lord Advocate as to reporting offences
Procedure prior to trial
294Power of constable to take offenders into custody
295Chief constable may in certain cases accept bail
296Police liberation or detention of children arrested
297Committal of children to custody in place of safety
298All offences to be bailable
299Application for review of court's decision on bail and caution
300Appeal in respect of bail
301Power of court to refund bail
302Citation of persons liberated on bail at domiciles specified in bail bonds
303Caution and bail
304Power to order parent to give security for child's good behaviour
305Intimation to solicitor
306Separation of children from adults at courts, etc.
307Attendance at court of parent of child charged with an offence, etc.
308Notice to local authority of charge against a child
309Forms of procedure
310Incidental applications
311Complaint
312Form of the charge in complaint
313Mode of charging certain offences committed against two or more children under 17
314Orders of court on complaint
315Citation
316Manner of citation
317Citation of probationer
318Citation of offender
319Citation by post
320Apprehension of witness
321Warrants of apprehension and search
322Warrants for arrest of escaped prisoners and mental patients
323Warrant to search for or remove a child
324Backing of certain warrants from the Isle of Man
325Execution of Scottish warrants in England and vice versa
326Service of complaints, etc.
327Sheriff's warrant may be executed out of district
328Adjournment for inquiry, etc.
329Remand and committal of persons under 21
330Power of court to commit to hospital a person suffering from mental disorder
331Statutory offences time-limit
332Power to recover penalties
333Offences by companies, etc.
Trial Procedure
334Procedure at first diet, etc.
335Amendment of complaint
336Plea of guilty
337Plea of not guilty
338Failure of accused to appear
339Alibi
340Examination of witness
341Witnesses not to be excluded by reason of conviction, interest, etc.
342Witnesses admissible notwithstanding relationship to parties
343Presence in court not to disqualify witnesses in certain cases
344Punishment of witness for contempt
345Administration of oath to same witness in cases at same diet
346Accused and spouse competent witness for defence
347Evidence of accused
348Spouse as witness in certain cases
349Witness may be examined, etc., as to having previously made a different statement
350Witness may be recalled
351Defence to speak last
352Declaration of accused
353Proof of official documents
354Admissions by parties
355Judges equally divided
356Previous convictions
357Laying of previous convictions before court
358Proof of previous convictions by fingerprints
359Record
360Proceedings written or printed
Procedure at trial involving children
361Child under 14 not to be in court during trial of another person
362Power to clear court while child is giving evidence in certain cases
363Power to proceed with case in absence of person under 17
364Power of court, in respect of certain offences against a child, to refer child to reporter
365Power to prohibit publication of certain matter
366Procedure when sheriff sits summarily in respect of offence by child
367Powers of sheriff sitting summarily
368Presumption and determination of age of child
369Age of criminal responsibility
370Child charged jointly with person who is not a child
371Welfare of child
372Reference and remit of children's cases by courts to children's hearings
373Reference and remit of cases of certain young persons by courts to children's hearings
374Restrictions on report of proceedings involving child
Procedure at Trial of Persons suffering from Mental Disorder
375Insanity in bar of trial
376Power of court to order hospital admission or guardianship
377Requirements as to medical evidence
378Supplementary provisions as to hospital orders
379Power of court to restrict discharge from hospital
Conviction and Sentence
Adjournment and remand
380Power of court to adjourn case before sentence
381Remand for inquiry into physical or mental condition
Admonition and discharge
382Admonition
383Absolute discharge
Probation
384Probation
385Probation orders requiring treatment for mental condition
386Discharge and amendment of probation orders
387Failure to comply with requirement of probation order
388Commission of further offence
389Probation orders relating to persons residing in England
390Further provisions as to probation orders
391Supplementary provisions as to probation
392Effects of probation and absolute discharge
393Probation reports
Penalties for Statutory Offences
394Power to mitigate penalties
Fines
395Provisions as to fines
396Time for payment
397Application for further time for payment of fine
398Restriction on imprisonment after fine or caution
399Payment by instalments
400Supervision pending payment of fine
401Supplementary provisions as to payment of fine
402Fines, etc., may be enforced in other district
403Transfer of fine orders
404Action of clerk of court on transfer of fine orders
405Imprisonment in default of payment of fine
406Substitution of custody for imprisonment where a child defaults on fine
407Period of imprisonment for non-payment of fine
408Discharge from imprisonment to be specified
409Payment of fine in part by prisoner
410Remission of fine where young offender detained
411Recovery by civil diligence
412Payment of fines to be made to clerk of court
Residential and Borstal Training
413Committal for residential training
414Borstal training
Imprisonment, etc.
415Restriction on imprisonment of person under 17
416Restriction on detention of person under 21
417Restriction on imprisonment of first offenders
418Detention in a detention centre
419Term of detention in a detention centre
420Recall to Borstal on re-conviction
421Recall to young offenders institution on re-conviction
422Revocation of licence by court
423Return to prison in case of breach of supervision
424Detention in precincts of court
425No imprisonment for less than five days
426Legal custody
Miscellaneous provisions as to conviction, sentence, etc.
427Conviction of part only of charge
428Art and part guilt of statutory offence
429" Conviction " and " sentence " not to be used in relation to a child
430Forms of finding and sentence
431Consideration of time spent in custody
432Deferred sentence
433Sentence in open court
434Further provision as to sentence
435Expenses
436Forfeiture of implements
437Warrant of search for forfeited articles
438Register of children found guilty of offences
439Correction of errors
440Extract sufficient warrant for imprisonment
441Provision for court comprising more than one judge
Review
442Appeal by stated case
443Appeals against hospital orders, etc.
444Manner and time of appeal
445Caution by appellant
446Procedure where appellant in custody
447Draft stated case to be prepared
448Adjustment and signature of case
449Abandonment of appeal
450Record of procedure in appeal
451Computation of time
452Hearing of appeal
453Consent by prosecutor to set aside conviction
454Convictions not to be quashed on certain grounds
455Other modes of appeal
Miscellaneous
456Actions of damages in respect of proceedings under this Part of this Act
457Acts of Adjournal
PART IIIGeneral
458Construction of enactments referring to sentence of detention
459Construction of enactments referring to detention
460Transitional provisions and savings
461Consequential amendments, repeals and revocations
462Interpretation
463Extent
464Short title and commencement
SCHEDULES
SCHEDULE 1Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
SCHEDULE 2Remission of Fines on Jurors
1Applications for remission of fines imposed at any sitting of...
2No fees or dues of court or expenses shall be...
3No such fine shall be reported by the Clerk of...
4In case the judge dealing with any such application shall...
5A record of all such applications shall be entered in...
6Medical certificates and reasons for non-attendance as jurors either (a)...
SCHEDULE 3Composition of Juries
Summoning of Jurors.—Lists of Assize
1Where a list of assize falls to be returned upon...
Jury of Men only, or of Women only
2Any application by a prosecutor or by the accused in...
3If the second diet is appointed to be held in...
4In all cases in which such an application shall be...
5Notwithstanding anything herein contained, it shall nevertheless be competent, in...
Summoning of Jurors.—Citation
6(1) If, prior to the date of citation of the...
Selection of Jurors from the Panel
7(1) Where any case shall be remitted to an assize...
Exemptions
8Any woman summoned to serve on a jury shall be...
9Every citation upon a woman to attend as a juror...
10Nothing herein contained shall prejudice— (a) the right of the...
SCHEDULE 4Enactments referred to in sections 143 and 348 of this Act
SCHEDULE 5Discharge and Amendment of Probation Orders
Discharge
1A probation order may on the application of the officer...
Amendment
2(1) If the court by which a probation order was...
3Without prejudice to the provisions of the last foregoing paragraph,...
4Where the medical practitioner by whom or under whose direction...
General
5Where the court which made the order or the appropriate...
6On the making of an order discharging or amending a...
SCHEDULE 6Fines on Indictment—Payment by Instalments
1Where a court imposes a fine on a person convicted...
2An application, other than one made at the time the...
3Where an application has been made as aforesaid, the Clerk...
4The determination of any such application shall be entered in...
SCHEDULE 7Application of Sums Paid as Part of Fine Under Section 409 of this Act
SCHEDULE 8Provisions of this Act referred to in section 460(8) of this Act
SCHEDULE 9Amendment of Other Enactments
The Jurors (Scotland) Act 1825 (1825 c. 22)
1In section 7, for the words from the beginning to...
2In section 10, for the words " court whatsoever "...
3In section 13, after the word " several" there shall...
4In section 19, after the word " several" there shall...
The Criminal Law (Scotland) Act 1830 (1830 c.37)
5In section 7, for the words from " cause "...
The Interpretation Act 1889 (1889 c. 63)
6In section 13(8), at the end there shall be added...
The Children and Young Persons (Scotland) Act 1937 (1937 c. 37)
7In section 57(3), for the words "this section" there shall...
8In section 58A(2), for the words " this section "...
9In section 62(b), for the words from " subsection (2)"...
10In section 87, in subsections (1) and (3), after the...
11In section 105(1), for the words from " provided "...
12In section 110(1), the definitions of "commit for trial" and...
The Law Officers Act 1944 (1944 c. 25)
13In section 2, in the proviso, at the end there...
The Criminal Justice (Scotland) Act 1949 (1949 c. 94)
14In section 42(2), for the words " the Summary Jurisdiction...
The Magistrates' Courts Act 1952 (1952 c. 55)
15In section 72J3— (a) in subsection (1), for the words...
The Prisons (Scotland) Act 1952 (1952 c. 61)
16In section 32(2), after the words " Act of 1963...
The Mental Health (Scotland) Act 1960 (1960 c. 61)
17In section 58(1), after the words " hospital order "...
18In section 58(2), after the word " order " there...
19In section 58(4), for the words " subsection (4) of...
20In section 59(2), for the words " said period of...
21In section 60(3), after the word "discharge" there shall be...
22In section 60(5), for the words " the last foregoing...
23In section 64(3), for the words from " subsection "...
24In section 66(7)(a), for the words from " section 63...
25In section 67, in subsection (1), after the words "...
26In section 68, in subsection (1), for the words "...
27In section 72(3), the words " and (4) " shall...
28In section 111(1), in the definition of "hospital order" and...
29In section 111(4), after the words "Part V of this...
The Criminal Justice Act 1961 (1961 c. 39)
30In section 32(2), after paragraph (h) there shall be inserted...
The Criminal Justice (Scotland) Act 1963 (1963 c. 39)
31In section 2(1), in paragraph (d), after the words "Act...
32In section 9(2), after the words " purposes of this...
33In section 10(3), after the words "this Act" there shall...
34In section 11(1) and in proviso (b) to section 11(2),...
35In section 26(2), paragraph (a) shall be omitted, and for...
36In Schedule 1, in paragraph 11, for the words "...
37In Schedule 1, in paragraph 13, for the words from...
38In Schedule 1, in paragraph 14, after the word "Schedule"...
39In Schedule 1, in paragraph 15, for the words "Part...
The Criminal Justice Act 1967 (1967 c. 80)
40In section 61(4)(a), for the words " section 57 and...
41In section 62, in subsections (9) and (10), after the...
The Social Work (Scotland) Act 1968 (1968 c. 49)
42In section 37, in subsection (2), for the words from...
43In section 56(5), for the words " as aforesaid "...
44In section 57(2), for the words " the foregoing subsection...
The Children and Young Persons Act 1969 (1969 c. 54)
45In Schedule 5, in paragraph 53, for the words "...
46In Schedule 5, in paragraph 78, for the words from...
The Immigration Act 1971 (1971 c. 77)
47In section 6(2), for the words " section 26 of...
The Criminal Justice Act 1972 (1972 c. 71)
48In section 24, for subsection (4) there shall be substituted...
49In section 51(2), for the words " section 39(1) of...
The Powers of Criminal Courts Act 1973 (1973 c. 62)
50In section 10— (a) in subsection (3)(a), for the words...
The Health and Safety at Work etc. Act 1974 (1974 c. 37)
51In section 34(5)(b), for the words "23(2) of the Summary...
SCHEDULE 10Repeals and revocations
PART IEnactments repealed
PART IIActs of adjournal revoked

Criminal Procedure (Scotland) Act 1975

1975 Chapter 21

An Act to "consolidate certain enactments relating to criminal procedure in Scotland.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—