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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990
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- UK Public General Acts
- 1990 c. 40
- Part IV
- Evidence by children in...
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Changes over time for: Cross Heading: Evidence by children in criminal trials
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Changes to legislation:
Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Cross Heading: Evidence by children in criminal trials is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 21A(1)(c) words substituted by 2007 asp 5 Sch. 5 para. 3(7)(a)(iii)
- s. 33(6) inserted by 2007 asp 5 Sch. 5 para. 3(11)
Prospective
Evidence by children in criminal trialsS
F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F1S. 56 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)
F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F2S. 57 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)
58 Identification of accused by child.S
Where a court has, or is deemed to have, granted an application made under section 56 of this Act in relation to a child F3. . ., and the child gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the child prior to the trial shall be admissible as evidence as to such identification.
Textual Amendments
F3Words in s. 58 repealed (31.3.1996) by 1995 c. 20, s. 117(1)(2), Sch. 6 paras. 174, 176, Sch. 7 Pt. I; S.I. 1996/517, art. 3(2)
Modifications etc. (not altering text)
C1S. 58 applied (1.1.1994) by 1993 c. 9, s. 35 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(5).
Commencement Information
I1S. 58 wholly in force 3.4.1997; s. 58 not in force at Royal Assent see 75(2); s. 58 in force for certain purposes at 30.9.1991 by S.I. 1991/2151, art. 3, Sch.; s. 58 in force at 3.4.1995 in so far as not already in force by S.I. 1995/364, art. 2
59Interpretation of sections 56, 57 and 58.S
In sections 56, 57 and 58 of this Act, unless the contrary intention appears—
“child” means a person under the age of 16 years;
“court” means the High Court of Justiciary or the sheriff court; and
“trial” means a trial under solemn or under summary procedure.
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