Criminal Justice (Scotland) Act 1995

22 Routine evidence. S

(1) Section 26 of and Schedule 1 to the M1 Criminal Justice (Scotland) Act 1980 (routine evidence) shall be amended as follows.

(2) After subsection (1) there shall be inserted the following subsections—

“(1A) The Secretary of State may by order—

(a) amend or repeal the entry in Schedule 1 to this Act in respect of any enactment; or

(b) insert in that Schedule an entry in respect of a further enactment.

(1B) An order under subsection (1A) above may make such transitional, incidental or supplementary provision as the Secretary of State considers necessary or expedient in connection with the coming into force of the order.”.

(3) In subsection (2), the word “summary” and the words from “In the foregoing” to the end of the subsection shall cease to have effect.

(4) After that subsection there shall be inserted the following subsection—

“(2A) A forensic scientist is authorised for the purposes of subsection (2) above if—

(a) he is authorised for those purposes by the Secretary of State; or

(b) he—

(i) is a constable or is employed by a police authority under section 9 of the Police (Scotland) Act 1967;

(ii) possesses such qualifications and experience as the Secretary of State may for the purposes of that subsection by order prescribe; and

(iii) is authorised for those purposes by the chief constable of the police force maintained for the police area of that authority.”.

(5) In subsection (3)—

(a) for the words “the prosecution” there shall be substituted “ the prosecutor or the accused ”;

(b) in paragraph (a)—

(i) for the words “accused” there shall be substituted “ other party ”; and

(ii) for the word “his” there shall be substituted “ the ”; and

(c) in paragraph (b)—

(i) for the word “accused” where it first occurs there shall be substituted “ other party ”;

(ii) for the words from “less” to “trial” in the second place where it occurs there shall be substituted “ more than seven days after the date of service of the copy on him under paragraph (a) above or by such later time ”; and

(iii) for the words “prosecutor that the accused” there shall be substituted “ first party that he ”.

(6) In subsection (4), after the word “accused” where it first occurs there shall be inserted “ or the prosecutor ”.

(7) After subsection (4) there shall be inserted the following subsection—

“(4A) Where, following service of a notice under subsection (3)(b) above, evidence is given in relation to a report referred to in subsection (2) above by both of the forensic scientists purporting to have signed the report, the evidence of those forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report.”.

(8) In subsection (5), the words “under summary procedure” shall cease to have effect.

(9) After subsection (7) there shall be inserted the following subsections—

“(7A) Where, following service of a notice by the accused under subsection (7) above, evidence is given in relation to an autopsy or forensic science report by both of the pathologists or forensic scientists purporting to have signed the report, the evidence of those pathologists or forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report.

(7B) An order made under subsection (1A) or (2A)(b)(ii) above shall be made by statutory instrument.

(7C) No order shall be made under subsection (1A) above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(7D) A statutory instrument containing an order under subsection (2A)(b)(ii) above shall be subject to annulment pursuant to a resolution of either House of Parliament.”.

(10) Schedule 1 shall be amended in accordance with Schedule 1 to this Act.

Commencement Information

I1 S. 22 partly in force; s. 22 not in force at Royal Assent see s. 118(2); s. 22(1)(3)(4)(7)(9) in force at 26.9.1995 by S.I. 1995/2295, art. 3(2), Sch.; s. 22 in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3(2)

Marginal Citations

M1 1980 c.62.