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Criminal Procedure (Scotland) Act 1995

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There are outstanding changes not yet made by the editorial team to Criminal Procedure (Scotland) Act 1995. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation


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  1. Introductory Text

  2. Part I Criminal Courts

    1. Jurisdiction and Powers

      1. The High Court

        1. 1. Judges in the High Court.

        2. 2. Fixing of High Court sittings.

      2. Solemn courts: general

        1. 3. Jurisdiction and powers of solemn courts.

      3. The sheriff

        1. 4. Territorial jurisdiction of sheriff.

        2. 5. The sheriff: summary jurisdiction and powers.

      4. JP courts

        1. 6.JP courts: constitution and prosecutor.

        2. 7.JP courts: jurisdiction and powers.

      5. Sittings of sheriff and JP courts

        1. 8.Sittings of sheriff and JP courts.

      6. Territorial jurisdiction: general

        1. 9. Boundaries of jurisdiction.

        2. 9A.Competence of justice's actings outwith jurisdiction

        3. 10. Crimes committed in different districts.

        4. 10A.Jurisdiction for transferred cases

        5. 11. Certain offences committed outside Scotland.

        6. 11A. Conspiracy to commit offences outwith Scotland

  3. PART II Police Functions

    1. Lord Advocate’s instructions

      1. 12. Instructions by Lord Advocate as to reporting of offences.

    2. Detention and questioning

      1. 13. Powers relating to suspects and potential witnesses.

      2. 14. Detention and questioning at police station.

      3. 14A.Extension of period of detention under section 14

      4. 14B.Extension under section 14A: procedure

      5. 15.Right of persons arrested or detained to have intimation sent to another person

      6. 15A.Right of suspects to have access to a solicitor

      7. 16. Drunken persons: power to take to designated place.

    3. Arrest: access to solicitor

      1. 17. Right of accused to have access to solicitor.

      2. 17A. Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest

    4. Prints and samples

      1. 18. Prints, samples etc. in criminal investigations.

      2. 18A. Retention of samples etc. : prosecutions for sexual and violent offences

      3. 18B.Retention of samples etc. where offer under sections 302 to 303ZA accepted

      4. 18C.Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences

      5. 18D.Retention of samples etc. taken or provided in connection with certain fixed penalty offences

      6. 18E.Retention of samples etc.: children referred to children's hearings

      7. 18F.Retention of samples etc. relating to children: appeals

      8. 18G.Retention of samples etc: national security

      9. 18GA.Retention of further fingerprints

      10. 18H.Retention of samples etc.: extradition

      11. 19. Prints, samples etc. in criminal investigations: supplementary provisions.

      12. 19A. Samples etc. from persons convicted of sexual and violent offences.

      13. 19AA.Samples etc. from sex offenders

      14. 19AB.Section 19AA: supplementary provision in risk of sexual harm order cases

      15. 19B. Power of constable in obtaining relevant physical data etc.

      16. 19C.Sections 18 and 19 to 19AA: use of samples etc.

      17. 20. Use of prints, samples etc.

    5. Testing for Class A drugs

      1. 20A.Arrested persons: testing for certain Class A drugs

      2. 20B.Section 20A: supplementary

    6. Schedule 1 offences

      1. 21. Schedule 1 offences: power of constable to take offender into custody.

    7. ...

      1. 22. Liberation by police.

      2. 22ZA.Offences where undertaking breached

      3. 22ZB.Evidential and procedural provision

  4. PART III Bail

    1. 22A. Consideration of bail on first appearance

    2. 23. Bail applications.

    3. 23A. Bail and liberation where person already in custody

    4. 23B.Entitlement to bail and the court's function

    5. 23C.Grounds relevant as to question of bail

    6. 23D.Restriction on bail in certain solemn cases

    7. 24. Bail and bail conditions.

    8. 24A.Bail conditions: remote monitoring of restrictions on movements

    9. 24B.Regulations as to power to impose remote monitoring requirements under section 24A

    10. 24C.Monitoring of compliance in pursuance of requirements imposed under section 24A

    11. 24D.Remote monitoring

    12. 24E.Documentary evidence in proceedings for breach of bail conditions being remotely monitored

    13. 24F.Bail: extradition proceedings

    14. 25. Bail conditions: supplementary.

    15. 25A.Failure to accept conditions of bail under section 65(8C): continued detention of accused

    16. 26. Bail: circumstances where not available.

    17. 27. Breach of bail conditions: offences.

    18. 28. Breach of bail conditions: arrest of offender, etc.

    19. 28A.Application of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28

    20. 29. Bail: monetary conditions.

    21. 30. Bail review.

    22. 31. Bail review on prosecutor’s application.

    23. 32. Bail appeal.

    24. 32A.Bail after conviction: prosecutor's attitude

    25. 33. Bail: no fees exigible.

  5. PART IV Petition Procedure

    1. Warrants

      1. 34. Petition for warrant.

    2. Petition proceedings outwith sheriffdom

      1. 34A.Petition proceedings outwith sheriffdom

    3. Judicial examination

      1. 35. Judicial examination.

      2. 36. Judicial examination: questioning by prosecutor.

      3. 37. Judicial examination: record of proceedings.

      4. 38. Judicial examination: rectification of record of proceedings.

      5. 39. Judicial examination: charges arising in different districts.

    4. Committal

      1. 40. Committal until liberated in due course of law.

  6. PART V Children and Young Persons

    1. 41. Age of criminal responsibility.

    2. 41A.Prosecution of children under 12

    3. 42. Prosecution of children.

    4. 43. Arrangements where children arrested.

    5. 44. Detention of children.

    6. 44A.Appeal against detention in secure accommodation

    7. 45. Security for child’s good behaviour.

    8. 46. Presumption and determination of age of child.

    9. 47. Restriction on report of proceedings involving children.

    10. 48. Power to refer certain children to reporter.

    11. 49. Reference or remit to children’s hearing.

    12. 50. Children and certain proceedings.

    13. 51. Remand and committal of children and young persons.

  7. PART VI Mental Disorder

    1. Criminal responsibility of mentally disordered persons

      1. 51A.Criminal responsibility of persons with mental disorder

    2. Diminished responsibility

      1. 51B.Diminished responsibility

    3. Committal of mentally disordered persons

      1. 52. Power of court to commit to hospital an accused suffering from mental disorder.

    4. Remit of mentally disordered persons from district court

      1. 52A.Remit of certain mentally disordered persons from district court to sheriff court

    5. Assessment orders

      1. 52B.Prosecutor’s power to apply for assessment order

      2. 52C.Scottish Ministers' power to apply for assessment order

      3. 52D.Assessment order

      4. 52E.Assessment order made ex proprio motu: application of section 52D

      5. 52F.Assessment order: supplementary

      6. 52G.Review of assessment order

      7. 52H.Early termination of assessment order

      8. 52J.Power of court on assessment order ceasing to have effect

    6. Treatment orders

      1. 52K.Prosecutor’s power to apply for treatment order

      2. 52L.Scottish Ministers' power to apply for treatment order

      3. 52M.Treatment order

      4. 52N.Treatment order made ex proprio motu: application of section 52M

      5. 52P.Treatment order: supplementary

      6. 52Q.Review of treatment order

      7. 52R.Termination of treatment order

      8. 52S.Power of court on treatment order ceasing to have effect

    7. Prevention of delay in trials

      1. 52T.Prevention of delay in trials: assessment orders and treatment orders

    8. Effect of assessment and treatment orders on pre-existing mental health orders

      1. 52U.Effect of assessment order and treatment order on pre-existing mental health order

    9. Interim compulsion orders

      1. 53. Interim compulsion order.

      2. 53A.Interim compulsion order: supplementary

      3. 53B.Review and extension of interim compulsion order

      4. 53C.Early termination of interim compulsion order

      5. 53D.Power of court on interim compulsion order ceasing to have effect

    10. Acquittal involving mental disorder

      1. 53E.Acquittal involving mental disorder

    11. Unfitness for trial

      1. 53F.Unfitness for trial

    12. ...

      1. 54. Unfitness for trial: further provision .

    13. Examination of facts

      1. 55. Examination of facts.

      2. 56. Examination of facts: supplementary provisions.

    14. Disposal where accused found not criminally responsible

      1. 57. Disposal of case where accused found not criminally responsible or unfit for trial.

    15. Compulsion orders

      1. 57A.Compulsion order

      2. 57B.Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision

      3. 57C.Mental health officer’s report

      4. 57D.Compulsion order: supplementary

    16. Hospital orders and guardianship

      1. 58. Order for hospital admission or guardianship.

      2. 58A. Application of Adults with Incapacity (Scotland) Act 2000

      3. 59. Hospital orders: restrictions on discharge.

    17. Hospital directions

      1. 59A.Hospital direction

      2. 59B.Hospital direction: mental health officer’s report

      3. 59C.Hospital direction: supplementary

      4. 60. Appeals against hospital orders.

      5. 60A. Appeal by prosecutor against hospital orders etc.

      6. 60B. Intervention orders

      7. 60C.Acquitted persons: detention for medical examination

      8. 60D.Notification of detention under section 60C

    18. Miscellaneous provision

      1. 61. Requirements as to medical evidence.

      2. 61A.Transfer of person to suitable hospital

      3. 61B.Specification of hospital unit

    19. Appeals under Part VI

      1. 62. Appeal by accused not criminally responsible or unfit for trial .

      2. 63. Appeal by prosecutor where accused found not criminally responsible or unfit for trial.

  8. PART VII Solemn Proceedings

    1. The indictment

      1. 64. Prosecution on indictment.

      2. 65. Prevention of delay in trials.

      3. 66. Service and lodging of indictment, etc.

      4. 67. Witnesses.

      5. 67A. Failure of witness to attend for, or give evidence on, precognition.

      6. 68. Productions.

      7. 69. Notice of previous convictions.

      8. 70. Proceedings against organisations.

      9. 70A.Defence statements

    2. Pre-trial proceedings

      1. 71. First diet.

      2. 71A. Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence

      3. 71B.First diet: appointment of trial diet

      4. 71C.Written record of state of preparation: sheriff court

      5. 72. Preliminary hearing: procedure up to appointment of trial diet

      6. 72A. Preliminary hearing: appointment of trial diet

      7. 72B.Power to dispense with preliminary hearing

      8. 72C.Procedure where preliminary hearing does not proceed

      9. 72D.Preliminary hearing: further provision

      10. 72E.Written record of state of preparation in certain cases

      11. 72F.Engagement, dismissal and withdrawal of solicitor representing accused

      12. 72G.Service etc. on accused through a solicitor

      13. 73. Preliminary diet: procedure.

      14. 74. Appeals in connection with preliminary diets.

      15. 75. Computation of certain periods.

    3. Adjournment and alteration of diets

      1. 75A.Adjournment and alteration of diets

      2. 75B.Refixing diets: non-sitting days

      3. 75C.Refixing diets: non-suitable days

    4. Plea of guilty

      1. 76. Procedure where accused desires to plead guilty.

      2. 77. Plea of guilty.

    5. Notice by accused

      1. 78. Special defences, incrimination and notice of witnesses, etc.

      2. 79. Preliminary pleas and preliminary issues.

      3. 79A.Objections to admissibility of evidence raised after first diet or preliminary hearing

    6. Alteration, etc, of diet

      1. 80. Alteration and postponement of trial diet.

      2. 81. Procedure where trial diet does not proceed.

      3. 82. Desertion or postponement where accused in custody.

      4. 83. Transfer of sheriff court solemn proceedings.

      5. 83ZA.Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal

    7. Continuation of trial diet

      1. 83A.Continuation of trial diet in the High Court

      2. 83B.Continuation of trial diet in the sheriff court

    8. Jurors for sittings

      1. 84. Juries: returns of jurors and preparation of lists.

      2. 85. Juries: citation and attendance of jurors.

      3. 86. Jurors: excusal and objections.

    9. Non-availability of judge

      1. 87. Non-availability of judge.

      2. 87A.Disposal of preliminary matters at trial diet

    10. Jury for trial

      1. 88. Plea of not guilty, balloting and swearing of jury, etc.

      2. 89. Jury to be informed of special defence.

      3. 90. Death or illness of jurors.

    11. Obstructive witnesses

      1. 90A.Apprehension of witnesses in proceedings on indictment

      2. 90B.Orders in respect of witnesses apprehended under section 90A

      3. 90C.Breach of bail under section 90B(1)(b)

      4. 90D.Review of orders under section 90B(1)(a) or (b)

      5. 90E.Appeals in respect of orders under section 90B(1)

    12. Trial

      1. 91. Trial to be continuous.

      2. 92. Trial in presence of accused.

      3. 93. Record of trial.

      4. 94. Transcripts of record and documentary productions.

      5. 95. Verdict by judge alone.

      6. 96. Amendment of indictment.

      7. 97. No case to answer.

      8. 97A.Submissions as to sufficiency of evidence

      9. 97B.Acquittals etc. on section 97A(2)(a) submissions

      10. 97C.Directions etc. on section 97A(2)(b) submissions

      11. 97D.No acquittal on “no reasonable jury” grounds

      12. 98. Defence to speak last.

      13. 99. Seclusion of jury to consider verdict.

    13. Verdict and conviction

      1. 100. Verdict of jury.

      2. 101. Previous convictions: solemn proceedings.

      3. 101A.Post-offence convictions etc.

      4. 102. Interruption of trial for other proceedings.

    14. Failure of accused to appear

      1. 102A.Failure of accused to appear

  9. PART VIII Appeals from Solemn Proceedings

    1. 103. Appeal sittings.

    2. 104. Power of High Court in appeals.

    3. 105. Appeal against refusal of application.

    4. 105A.Appeal against granting of application

    5. 106. Right of appeal.

    6. 106A. Appeal against automatic sentences where earlier conviction quashed.

    7. 107. Leave to appeal.

    8. 107A.Prosecutor's right of appeal: decisions on section 97 and 97A submissions

    9. 107B.Prosecutor's right of appeal: decisions on admissibility of evidence

    10. 107C.Appeals under section 107A and 107B: general provisions

    11. 107D.Expedited appeals

    12. 107E.Other appeals under section 107A: appeal against acquittal

    13. 107F. Other appeals under section 107A or 107B: appeal against directions etc.

    14. 108. Lord Advocate’s right of appeal against disposal.

    15. 108A. Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.

    16. 109. Intimation of intention to appeal.

    17. 110. Note of appeal.

    18. 111. Provisions supplementary to sections 109 and 110.

    19. 112. Admission of appellant to bail.

    20. 113. Judge’s report.

    21. 113A.Judge's observations in expedited appeal

    22. 114. Applications made orally or in writing.

    23. 115. Presentation of appeal in writing.

    24. 116. Abandonment of appeal.

    25. 117. Presence of appellant or applicant at hearing.

    26. 118. Disposal of appeals.

    27. 119. Provision where High Court authorises new prosecution.

    28. 120. Appeals: supplementary provisions.

    29. 121. Suspension of disqualification, forfeiture, etc.

    30. 121A. Suspension of certain sentences pending determination of appeal.

    31. 122. Fines and caution.

    32. 123. Lord Advocate’s reference.

    33. 124. Finality of proceedings and Secretary of State’s reference.

    34. 125. Reckoning of time spent pending appeal.

    35. 126. Extract convictions.

    36. 127. Forms in relation to appeals.

    37. 128. Fees and expenses.

    38. 129. Non-compliance with certain provisions may be waived.

    39. 130. Bill of suspension not competent.

    40. 130A.Bill of advocation not competent in respect of certain decisions

    41. 131. Prosecution appeal by bill of advocation.

    42. 132. Interpretation of Part VIII.

  10. PART IX Summary Proceedings

    1. General

      1. 133. Application of Part IX of Act.

      2. 134. Incidental applications.

      3. 135. Warrants of apprehension and search.

      4. 136. Time limit for certain offences.

      5. 136A.Time limits for transferred and related cases

      6. 136B. Time limits where fixed penalty offer etc. made

      7. 137. Alteration of diets.

      8. 137ZA.Refixing diets: non-sitting days

      9. 137ZB.Refixing diets: non-suitable days

      10. 137A.Transfer of sheriff court summary proceedings within sheriffdom

      11. 137AA.Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal

      12. 137B.Transfer of sheriff court summary proceedings outwith sheriffdom

      13. 137C.Custody cases: initiating proceedings outwith sheriffdom

      14. 137CA.Transfer of JP court proceedings within sheriffdom

      15. 137CB.Transfer of JP court proceedings outwith sheriffdom

      16. 137CC.Custody cases: initiating JP court proceedings outwith sheriffdom

      17. 137D.Transfer of JP court proceedings to the sheriff court

    2. Complaints

      1. 138. Complaints.

      2. 139. Complaints: orders and warrants.

    3. Citation

      1. 140. Citation.

      2. 141. Manner of citation.

    4. Children

      1. 142. Summary proceedings against children.

    5. Companies

      1. 143. Prosecution of companies, etc.

    6. First diet

      1. 144. Procedure at first diet.

      2. 145. Adjournment for inquiry at first calling.

      3. 145ZA.Adjournment where assessment order made at first calling

      4. 145A.Adjournment at first calling to allow accused to appear etc.

      5. 146. Plea of not guilty.

    7. Pre-trial procedure

      1. 147. Prevention of delay in trials.

      2. 148. Intermediate diet.

      3. 148A. Interim diet required in certain sexual or domestic abuse cases

      4. 148B.Pre-trial procedure in sheriff court where no intermediate diet is fixed

      5. 148C.Engagement, dismissal and withdrawal of solicitor representing accused

      6. 148D.Service etc. on accused through a solicitor

      7. 149. Alibi.

      8. 149A. Notice of defence plea of consent

      9. 149B.Notice of defences

    8. Failure of accused to appear

      1. 150. Failure of accused to appear.

      2. 150A.Proceedings in absence of accused

    9. Non-availability of judge

      1. 151. Death, illness or absence of judge.

    10. Trial diet

      1. 152. Desertion of diet.

      2. 152A.Complaints triable together

      3. 153. Trial in presence of accused.

      4. 154. Proof of official documents.

      5. 155. Punishment of witness for contempt.

      6. 156. Apprehension of witness.

      7. 156A.Orders in respect of witnesses apprehended under section 156

      8. 156B.Breach of bail under section 156A(1)(b)

      9. 156C.Review of orders under section 156A(1)(a) or (b)

      10. 156D.Appeals in respect of orders under section 156A(1)

      11. 157. Record of proceedings.

      12. 158. Interruption of summary proceedings for verdict in earlier trial.

      13. 159. Amendment of complaint.

      14. 160. No case to answer.

      15. 161. Defence to speak last.

    11. Verdict and conviction

      1. 162. Judges equally divided.

      2. 163. Conviction: miscellaneous provisions.

      3. 164. Conviction of part of charge.

      4. 165.“Conviction” and “sentence” not to be used for children.

      5. 166. Previous convictions: summary proceedings

      6. 166A. Post-offence convictions etc.

      7. 166B.Charges which disclose convictions

      8. 167. Forms of finding and sentence.

      9. 168. Caution.

      10. 169. Detention in precincts of court.

    12. Miscellaneous

      1. 170. Damages in respect of summary proceedings.

      2. 171. Recovery of penalties.

      3. 172. Forms of procedure.

  11. PART X Appeals from Summary Proceedings

    1. General

      1. 173. Quorum of Sheriff Appeal Court in relation to appeals.

      2. 174. Appeals relating to preliminary pleas.

      3. 175. Right of appeal.

      4. 175A.Power to refer points of law for the opinion of the High Court

    2. Stated case

      1. 176. Stated case: manner and time of appeal.

      2. 176A.Application of section 176 in relation to certain appeals

      3. 177. Procedure where appellant in custody.

      4. 178. Stated case: preparation of draft.

      5. 179. Stated case: adjustment and signature.

      6. 180. Leave to appeal against conviction etc.

      7. 181. Stated case: directions by Sheriff Appeal Court.

      8. 182. Stated case: hearing of appeal.

      9. 183. Stated case: disposal of appeal.

      10. 184. Abandonment of appeal.

    3. New prosecution

      1. 185. Authorisation of new prosecution.

    4. Appeals against sentence

      1. 186. Appeals against sentence only.

      2. 187. Leave to appeal against sentence.

    5. Disposal of appeals

      1. 188. Setting aside conviction or sentence: prosecutor’s consent or application.

      2. 189. Disposal of appeal against sentence.

      3. 190. Disposal of appeal where appellant not criminally responsible.

    6. Miscellaneous

      1. 191. Appeal by suspension or advocation on ground of miscarriage of justice.

      2. 191A.Time limit for lodging bills of advocation and bills of suspension

      3. 191B.Bill of advocation not competent in respect of certain decisions

      4. 192. Appeals: miscellaneous provisions.

      5. 193. Suspension of disqualification, forfeiture etc.

      6. 193A. Suspension of certain sentences pending determination of appeal.

      7. 194. Computation of time.


    1. 194ZB.Appeal from the Sheriff Appeal Court

    2. 194ZC.Appeals: applications and procedure

    3. 194ZD.Application for permission for appeal: determination by single judge

    4. 194ZE.Further application for permission where single judge refuses permission

    5. 194ZF.Applications for permission: further provision

    6. 194ZG.Restriction of grounds of appeal

    7. 194ZH.Disposal of appeals

    8. 194ZI.Procedure where appellant in custody

    9. 194ZJ.Abandonment of appeal

    10. 194ZK.Finality of proceedings

    11. 194ZL.Computation of time

  13. Part XA Scottish Criminal Cases Review Commission

    1. The Scottish Criminal Cases Review Commission

      1. 194A. Scottish Criminal Cases Review Commission.

    2. References to High Court

      1. 194B. References by the Commission

      2. 194C. Grounds for reference.

      3. 194D. Further provision as to references.

      4. 194DA.High Court's power to reject a reference made by the Commission

      5. 194E. Extension of Commission’s remit to summary cases.

      6. 194F. Further powers.

      7. 194G. Supplementary provision.

    3. Powers of investigation of Commission

      1. 194H. Power to request precognition on oath.

      2. 194I. Power to obtain documents etc.

      3. 194IA.Power to request assistance in obtaining information abroad

    4. Disclosure of information

      1. 194J. Offence of disclosure.

      2. 194K. Exceptions from obligations of non-disclosure.

      3. 194L. Consent to disclosure.

    5. Special circumstances for disclosure

      1. 194M.Further exception to section 194J

      2. 194N.Effect of the exception

      3. 194O.Notification and representations etc.

      4. 194P.Consent if UK interest

      5. 194Q.Consent if foreign interest

      6. 194R.Designated foreign authority

      7. 194S.Disapplication of sections 194O to 194R

      8. 194T.Final disclosure-related matters

  14. PART XI Sentencing

    1. General

      1. 195. Remit to High Court for sentence.

      2. 196. Sentence following guilty plea.

      3. 197. Sentencing guidelines.

      4. 198. Form of sentence.

      5. 199. Power to mitigate penalties.

    2. Pre-sentencing procedure

      1. 200. Remand for inquiry into physical or mental condition.

      2. 201. Power of court to adjourn case before sentence.

      3. 202. Deferred sentence.

      4. 203. Reports.

      5. 203A.Reports about organisations

    3. Imprisonment, etc.

      1. 204. Restrictions on passing sentence of imprisonment or detention.

      2. 204A. Restriction on consecutive sentences for released prisoners.

      3. 204B.Consecutive sentences: life prisoners etc.

      4. 205. Punishment for murder.

      5. 205B. Minimum sentence for third conviction of certain offences relating to drug trafficking.

      6. 205C. Meaning of “conviction” for purposes of sections 205A and 205B.

      7. 205D. Only one sentence of imprisonment for life to be imposed in any proceedings

      8. 206. Minimum periods of imprisonment.

      9. 207. Detention of young offenders.

      10. 208. Detention of children convicted on indictment.

      11. 209. Supervised release orders.

      12. 210. Consideration of time spent in custody.

      13. 210A. Extended sentences for sex, violent and terrorist offenders.

      14. 210AA.Extended sentences for certain other offenders

    4. Approach in domestic abuse cases

      1. 210AB.Particular factor as to victim safety

    5. Risk assessment

      1. 210B.Risk assessment order

      2. 210C.Risk assessment report

      3. 210D.Interim hospital order and assessment of risk

      4. 210E.The risk criteria

      5. 210EA.Application of certain sections of this Act to proceedings under section 210C(7)

    6. Order for lifelong restriction etc.

      1. 210F.Order for lifelong restriction or compulsion order

      2. 210G.Disposal of case where certain orders not made

    7. Report of judge

      1. 210H.Report of judge

    8. Fines

      1. 211. Fines.

      2. 212. Fines in summary proceedings.

      3. 213. Remission of fines.

      4. 214. Fines: time for payment and payment by instalments.

      5. 215. Application for further time to pay fine.

      6. 216. Fines: restriction on imprisonment for default.

      7. 217. Fines: supervision pending payment.

      8. 218. Fines: supplementary provisions as to payment.

      9. 219. Fines: periods of imprisonment for non-payment.

      10. 220. Fines: part payment by prisoners.

      11. 221. Fines: recovery by civil diligence.

      12. 222. Transfer of fine orders.

      13. 223. Transfer of fines: procedure for clerk of court.

    9. The mutual recognition of criminal financial penalties

      1. 223A.Recognition of financial penalties: requests to other member States

      2. 223B.Requests to other member States: procedure on issue of certificate

      3. 223C.Requests to other member States: application of provisions relating to fines

      4. 223D.Requests to other member States: application of provisions relating to compensation orders

      5. 223E.Requests to other member States: application of provisions relating to fixed penalties

      6. 223F.Recognition of financial penalties: requests from other member States

      7. 223FA.Requests from other member States: procedure where no certificate

      8. 223G.Requests from other member States: return of certificate

      9. 223H.Requests from other member States: procedure on receipt of certificate

      10. 223I.Requests from other member States: action undertaken under certificate

      11. 223J.Requests from other member States: application of provisions in relation to fines

      12. 223K.Requests from other member States: supplementary provisions in relation to fines

      13. 223L.Requests from other member States: action for enforcement where financial penalty not recovered

      14. 223M.Requests from other member States: application of provisions relating to orders for compensation

      15. 223N.Requests from other member States: supplementary provisions in relation to orders for compensation

      16. 223O.Requests from other member States: application of provisions relating to fixed penalties

      17. 223P.Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland

      18. 223Q.The competent authority for Scotland

      19. 223R.Accrual of monies obtained from the enforcement of financial penalties

      20. 223S.Treatment of compensation monies

      21. 223T.Interpretation of sections 223A to 223S

    10. Fines: discharge from imprisonment and penalties

      1. 224. Discharge from imprisonment to be specified.

      2. 225. Penalties: standard scale, prescribed sum and uprating.

      3. 226. Penalties: exceptionally high maximum fines.

    11. Enforcement of fines etc.: fines enforcement officers

      1. 226A.Fines enforcement officers

      2. 226B.Enforcement orders

      3. 226C.Variation for further time to pay

      4. 226D.Seizure of vehicles

      5. 226E.Deduction from benefits

      6. 226F.Powers of diligence

      7. 226G.Reference of case to court

      8. 226H.Review of actions of FEO

      9. 226HA Judicial co-operation in criminal matters: mutual recognition of financial...

      10. 226I.Enforcement of fines etc.: interpretation

    12. Caution

      1. 227. Caution.

    13. Community payback orders

      1. 227A.Community payback orders

      2. 227B.Community payback order: procedure prior to imposition

      3. 227C.Community payback order: responsible officer

      4. 227D.Community payback order: further provision

      5. 227E.Requirement to avoid conflict with religious beliefs, work etc.

      6. 227F.Payment of offenders' travelling and other expenses

    14. Offender supervision requirement

      1. 227G.Offender supervision requirement

    15. Compensation requirement

      1. 227H.Compensation requirement

    16. Unpaid work or other activity requirement

      1. 227I.Unpaid work or other activity requirement

      2. 227J.Unpaid work or other activity requirement: further provision

      3. 227K.Allocation of hours between unpaid work and other activity

      4. 227L.Time limit for completion of unpaid work or other activity

      5. 227M.Fine defaulters

      6. 227N.Offenders subject to more than one unpaid work or other activity requirement

      7. 227O.Rules about unpaid work and other activity

    17. Programme requirement

      1. 227P.Programme requirement

    18. Residence requirement

      1. 227Q.Residence requirement

    19. Mental health treatment requirement

      1. 227R.Mental health treatment requirement

      2. 227S.Mental health treatment requirements: medical evidence

      3. 227T.Power to change treatment

    20. Drug treatment requirement

      1. 227U.Drug treatment requirement

    21. Alcohol treatment requirement

      1. 227V.Alcohol treatment requirement

    22. Conduct requirement

      1. 227W.Conduct requirement

    23. Community payback orders: review, variation etc.

      1. 227X.Periodic review of community payback orders

      2. 227Y.Applications to vary, revoke and discharge community payback orders

      3. 227Z.Variation, revocation and discharge: court's powers

      4. 227ZA.Variation of community payback orders: further provision

      5. 227ZB.Change of offender's residence to new local authority area

    24. Breach of community payback order

      1. 227ZC.Breach of community payback order

      2. 227ZD.Breach of community payback order: further provision

    25. Restricted movement requirement

      1. 227ZE.Restricted movement requirement

      2. 227ZF.Restricted movement requirement: effect

      3. 227ZG.Restricted movement requirements: further provision

      4. 227ZH.Variation of restricted movement requirement

      5. 227ZI.Remote monitoring

      6. 227ZJ.Restricted movement requirements: Scottish Ministers' functions

      7. 227ZK.Documentary evidence in proceedings for breach of restricted movement requirement

    26. Local authorities: annual consultation about unpaid work

      1. 227ZL.Local authorities: annual consultations about unpaid work

    27. Annual reports on community payback orders

      1. 227ZM.Annual reports on community payback orders

    28. Community payback order: meaning of “the appropriate court”

      1. 227ZN.Meaning of “the appropriate court”

      2. 227ZO.Community payback orders: persons residing in England and Wales or Northern Ireland

    29. Probation

      1. 228. Probation orders.

      2. 229. Probation orders: additional requirements.

      3. 229A.Probation progress review

      4. 230. Probation orders: requirement of treatment for mental condition.

      5. 230A.Requirement for remote monitoring in probation order

      6. 231. Probation orders: amendment and discharge.

      7. 232. Probation orders: failure to comply with requirement.

      8. 233. Probation orders: commission of further offence.

      9. 234. Probation orders: persons residing in England and Wales.

    30. Non-harassment orders

      1. 234A. Non-harassment orders.

    31. 234AZA.Non-harassment orders: domestic abuse cases

    32. Antisocial behaviour orders

      1. 234AA.Antisocial behaviour orders

      2. 234AB.Antisocial behaviour orders: notification

      3. 234B. Drug treatment and testing order.

      4. 234C. Requirements and provisions of drug treatment and testing orders.

      5. 234CA.Requirement for remote monitoring in drug treatment and testing order

      6. 234D. Procedural matters relating to drug treatment and testing orders.

      7. 234E. Amendment of drug treatment and testing order.

      8. 234F. Periodic review of drug treatment and testing order.

      9. 234G. Breach of drug treatment testing order.

      10. 234H. Disposal on revocation of drugs treatment and testing order.

      11. 234J. Concurrent drug treatment and testing and probation orders.

      12. 234K. Drug treatment and testing orders: interpretation.

    33. Supervised attendance

      1. 235. Supervised attendance orders.

      2. 236. Supervised attendance orders in place of fines for 16 and 17 year olds.

      3. 237. Supervised attendance orders where court allows further time to pay fine.

    34. Community service by offenders

      1. 238. Community service orders.

      2. 239. Community service orders: requirements.

      3. 240. Community service orders: amendment and revocation etc.

      4. 241. Community service order: commission of offence while order in force.

      5. 242. Community service orders: persons residing in England and Wales.

      6. 243. Community service orders: persons residing in Northern Ireland.

      7. 244. Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.

      8. 245. Community service orders: rules, annual report and interpretation.

    35. Restriction of liberty orders

      1. 245A. Restriction of liberty orders.

      2. 245B. Monitoring of restriction of liberty orders.

      3. 245C. Remote monitoring.

      4. 245D. Combination of restriction of liberty order with other orders.

      5. 245DA.Further provision about multiple orders

      6. 245E. Variation of restriction of liberty order.

      7. 245F. Breach of restriction of liberty order.

      8. 245G. Disposal on revocation of restriction of liberty order.

      9. 245H. Documentary evidence in proceedings under section 245F.

      10. 245I. Procedure on variation or revocation of restriction of liberty order.

      11. 245J.Breach of certain orders: adjourning hearing and remanding in custody etc.

    36. Community reparation orders

      1. 245K.Community reparation orders

      2. 245L.Community reparation order: notification

      3. 245M.Failure to comply with community reparation order: extension of 12 month period

      4. 245N.Failure to comply with community reparation order: powers of court

      5. 245P.Extension, variation and revocation of order

      6. 245Q.Sections 245L, 245N and 245P: meaning of “appropriate court”

    37. Admonition and absolute discharge

      1. 246. Admonition and absolute discharge.

      2. 247. Effect of probation and absolute discharge.

    38. Disqualification

      1. 248. Disqualification where vehicle used to commit offence.

      2. 248A. General power to disqualify offenders.

      3. 248B. Power to disqualify fine defaulters.

      4. 248C. Application of sections 248A and 248B.

      5. 248D.Extension of disqualification where sentence of imprisonment also imposed

      6. 248E.Effect of sentence of imprisonment in other cases

    39. Compensation

      1. 249. Compensation order against convicted person.

      2. 250. Compensation orders: supplementary provisions.

      3. 251. Review of compensation order.

      4. 252. Enforcement of compensation orders: application of provisions relating to fines.

      5. 253. Effect of compensation order on subsequent award of damages in civil proceedings.

    40. Restitution order

      1. 253A.Restitution order where conviction of police assault etc.

      2. 253B.The Restitution Fund

      3. 253C.Restitution order, fine and compensation order: order of preference

      4. 253D.Application of receipts

      5. 253E.Enforcement: application of certain provisions relating to fines

    41. Victim surcharge

      1. 253F.Victim surcharge

      2. 253G.The Victim Surcharge Fund

      3. 253H.Application of receipts

      4. 253J.Enforcement: application of certain provisions relating to fines

    42. Forfeiture

      1. 254. Search warrant for forfeited articles.

    43. European Protection Orders

      1. 254A. European Protection Orders: interpretation

      2. 254B.Issuing of a European Protection Order

      3. 254C.Recognition of a European Protection Order

      4. 254D.Implementation of a recognised European Protection Order

      5. 254E.Modification and revocation of non-harassment orders made under section 254D

  15. PART XII Evidence

    1. Special capacity

      1. 255. Special capacity.

    2. Proof of age

      1. 255A. Proof of age.

    3. Agreed evidence

      1. 256. Agreements and admissions as to evidence.

      2. 257. Duty to seek agreement of evidence.

      3. 258. Uncontroversial evidence.

    4. Hearsay

      1. 259. Exceptions to the rule that hearsay evidence is inadmissible.

      2. 260. Admissibility of prior statements of witnesses.

      3. 261. Statements by co-accused

      4. 261ZA.Statements by accused

    5. Statements made after charge

      1. 261ZB.Exception to rule on inadmissiblity

    6. Witness statements

      1. 261A.Witness statements: use during trial

      2. 262. Construction of sections 259 to 261A.

    7. Witnesses

      1. 263. Examination of witnesses.

      2. 264.Spouse or civil partner of accused a compellable witness

      3. 265. Witnesses not excluded for conviction, interest, relationship, etc.

      4. 266. Accused as witness.

      5. 267. Witnesses in court during trial.

      6. 267A.Citation of witnesses for precognition

    8. Identification procedures

      1. 267B.Order requiring accused to participate in identification procedure

    9. Additional evidence, etc.

      1. 268. Additional evidence.

      2. 269. Evidence in replication.

      3. 270. Evidence of criminal record and character of accused.

    10. Special measures for child witnesses and other vulnerable witnesses

      1. 271.Vulnerable witnesses: main definitions

      2. 271A.Child and deemed vulnerable witnesses

      3. 271B.Further special provision for child witnesses under the age of 12

      4. 271BZA.Child witnesses in certain solemn cases: special measures

      5. 271BZB.Child witnesses in certain solemn cases: modifications of section 271A

      6. 271BZC.Child witnesses in certain solemn cases: modifications of section 271D

      7. 271BA.Assessment of witnesses

      8. 271C.Vulnerable witness application

      9. 271D.Review of arrangements for vulnerable witnesses

      10. 271E.Vulnerable witnesses: supplementary provision

      11. 271F.The accused

      12. 271G.Saving provision

      13. 271H.The special measures

      14. 271HA.Temporary additional special measures

      15. 271HB.Excluding the public while taking evidence

      16. 271I.Taking of evidence by a commissioner

      17. 271J.Live television link

      18. 271K.Screens

      19. 271L.Supporters

      20. 271M.Giving evidence in chief in the form of a prior statement

    11. Witness anonymity orders

      1. 271N.Witness anonymity orders

      2. 271P.Applications

      3. 271Q.Making and determination of applications

      4. 271R.Conditions for making orders

      5. 271S.Relevant considerations

      6. 271T.Direction to jury

      7. 271U.Discharge and variation of order

      8. 271V.Appeals

      9. 271W.Appeal against the making of a witness anonymity order

      10. 271X.Appeal against the refusal to make a witness anonymity order

      11. 271Y.Appeal against a variation of a witness anonymity order

      12. 271Z.Appeal against a refusal to vary or discharge a witness anonymity order

    12. Evidence on commission and from abroad

      1. 272. Evidence by letter of request or on commission.

      2. 273. Television link evidence from abroad.

    13. Evidence from other parts of the United Kingdom

      1. 273A.Television link evidence from other parts of the United Kingdom

    14. Evidence relating to sexual offences

      1. 274. Restrictions on evidence relating to sexual offences.

      2. 275. Exceptions to restrictions under section 274.

      3. 275A. Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275

      4. 275B. Provisions supplementary to sections 275 and 275A

    15. Expert evidence as to subsequent behaviour of complainer

      1. 275C.Expert evidence as to subsequent behaviour of complainer in certain cases

    16. Biological material

      1. 276. Evidence of biological material.

    17. Transcripts and records

      1. 277. Transcript of police interview sufficient evidence.

      2. 278. Record of proceedings at examination as evidence.

    18. Documentary evidence

      1. 279. Evidence from documents.

    19. Evidence from certain official documents

      1. 279A. Evidence from certain official documents.

    20. Routine evidence

      1. 280. Routine evidence.

      2. 281. Routine evidence: autopsy and forensic science reports.

      3. 281A.Routine evidence: reports of identification prior to trial

    21. Sufficient evidence

      1. 282. Evidence as to controlled drugs and medicinal products.

      2. 283. Evidence as to time and place of video surveillance recordings.

      3. 284. Evidence in relation to fingerprints.

    22. Proof of previous convictions

      1. 285. Previous convictions: proof, general.

      2. 286. Previous convictions: proof in support of substantive charge.

      3. 286A.Proof of previous conviction by court in other member State

  16. PART XIII Miscellaneous

    1. Lord Advocate

      1. 287.Demission from office of Lord Advocate and Solicitor General for Scotland.

      2. 288. Intimation of proceedings in High Court to Lord Advocate.

    2. Convention rights and EU law compatibility issues, and devolution issues

      1. 288ZA.Right of Advocate General to take part in proceedings

      2. 288ZB.References of compatibility issues to the High Court or Supreme Court

      3. 288A. Rights of appeal for Advocate General: compatibility issues and devolution issues.

      4. 288AA.Appeals to the Supreme Court: compatibility issues

      5. 288B. Appeals to the Supreme Court: general.

    3. Dockets and charges in sex cases

      1. 288BA.Dockets for charges of sexual offences

      2. 288BB.Mixed charges for sexual offences

      3. 288BC.Aggravation by intent to rape

    4. Trials for sexual offences

      1. 288C. Prohibition of personal conduct of defence in cases of certain sexual offences

      2. 288D. Appointment of solicitor by court in such cases

    5. Jury directions relating to sexual offences

      1. 288DA.Jury direction relating to lack of communication about offence

      2. 288DB.Jury direction relating to absence of physical resistance or physical force

    6. Trials involving vulnerable witnesses

      1. 288DC.Prohibition of personal conduct of defence in domestic abuse cases

      2. 288E.Prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12

      3. 288F.Power to prohibit personal conduct of defence in other cases involving vulnerable witnesses

    7. Application of vulnerable witnesses provisions to proceedings in the district court

      1. 288G.Application of vulnerable witnesses provisions to proceedings in the district court

    8. Use of live television link

      1. 288H.Participation through live television link

      2. 288I.Evidence and personal appearance

      3. 288J.Effect of postponement

      4. 288K.Specified hearings

      5. 288L.Defined terms

    9. Treason trials

      1. 289. Procedure and evidence in trials for treason.

    10. Certain rights of accused

      1. 290. Accused’s right to request identification parade.

      2. 291. Precognition on oath of defence witnesses.

    11. Mode of trial

      1. 292. Mode of trial of certain offences.

    12. Art and part and attempt

      1. 293. Statutory offences: art and part and aiding and abetting.

      2. 294. Attempt at crime.

    13. Legal custody

      1. 295. Legal custody.

    14. Warrants

      1. 296. Warrants for search and apprehension to be signed by judge.

      2. 297. Execution of warrants and service of complaints, etc.

      3. 297A.Re-execution of apprehension warrants

    15. Trial judge’s report

      1. 298. Trial judge’s report.

    16. Intimation of certain applications to the High Court

      1. 298A.Intimation of bills and of petitions to the nobile officium

    17. Correction of entries

      1. 299. Correction of entries.

      2. 300. Amendment of records of conviction and sentence in summary proceedings.

    18. Excusal of irregularities

      1. 300A.Power of court to excuse procedural irregularities

    19. Rights of audience

      1. 301. Rights of audience.

    20. Recovery of documents

      1. 301A.Recovery of documents

    21. Fixed penalties

      1. 302. Fixed penalty: conditional offer by procurator fiscal.

      2. 302A.Compensation offer by procurator fiscal

      3. 302B.Combined fixed penalty and compensation offer

      4. 302C.Recall of fixed penalty or compensation offer

      5. 303. Fixed penalty: enforcement.

      6. 303ZA.Work orders

      7. 303ZB.Setting aside of offers and orders

    22. Transfer of rights of appeal of deceased person

      1. 303A. Transfer of rights of appeal of deceased person.

    23. Electronic proceedings

      1. 303B.Electronic summary proceedings

  17. PART XIV General

    1. 304. Criminal Courts Rules Council.

    2. 305. Acts of Adjournal.

    3. 306. Information for financial and other purposes.

    4. 307.Interpretation.

    5. 308. Construction of enactments referring to detention etc.

    6. 308A.Expressions relating to electronic proceedings

    7. 309. Short title, commencement and extent.


    1. SCHEDULE 1

      Offences Against Children Under the Age of 17 Years to which Special Provisions Apply

      1. 1.Any offence under Part I of the Criminal Law (Consolidation)...

      2. 1A.Any offence under section 18 (rape of a young child)...

      3. 1B.Any offence under section 19 (sexual assault on a young...

      4. 1C.Any offence under section 20 (sexual assault on a young...

      5. 1D.Any offence under section 42 of that Act (sexual abuse...

      6. 2.Any offence under section 12, 15, 22 or 33 of...

      7. 2A.Any offence under the Prohibition of Female Genital Mutilation (Scotland)...

      8. 2B.Any offence under section 52 or 52A of the Civic...

      9. 2C.Any offence under section 1, 9, 10, 11 or 12...

      10. 3.Any other offence involving bodily injury to a child under...

      11. 4.Any offence involving the use of lewd, indecent or libidinous...

      12. 4A.Any offence under section 5 (coercing a person into being...

      13. 4B.Any offence under any of sections 21 to 26 or...

    2. SCHEDULE 2

      Examples of Indictments

      1. “A.B.(name and address, that given in the declaration being sufficient),...

      2. “.................... You did rob Charles Doyle, a cattle dealer, of...

      3. “.................... You did break into the house occupied by Andrew...

      4. “.................... You did force open (or attempt to force open)...

      5. “.................... You did place your hand in one of the...

      6. “.................... You did assault Lewis Mann, station-master of Earlston, and...

      7. “.................... You did, while in the employment of James Pentland,...

      8. “.................... You did, while acting as commercial traveller to Brown...

      9. “.................... You did pretend to Norah Omond, residing there, that...

      10. “.................... You did reset a watch and chain, pocket book...

      11. “.................... You did utter as genuine a bill, on which...

      12. “.................... You did utter as genuine a letter bearing to...

      13. “.................... You did utter a cheque signed by Henry Smith...

      14. “.................... You did, when examined under section 45 of the...

      15. “.................... You did, sequestration having been awarded on your estate...

      16. “.................... You did set fire to a warehouse occupied by...

      17. “.................... You did set fire to the shop in Brown...

      18. “.................... You did assault Theresa Unwin, your wife, and did...

      19. “.................... You did stab Thomas Underwood, baker, of Shiels Place,...

      20. “.................... You did administer poison to Vincent Wontner, your son,...

      21. “.................... You did strangle Mary Shaw, mill-worker, daughter of John...

      22. “.................... You were delivered of a child now dead or...

      23. “.................... You did assault Hector Morrison, carter, of 20 Buccleuch...

      24. “.................... You did ravish Harriet Cowan, mill-worker, of 27 Tweed...

      25. “.................... You did attempt to ravish Jane Peters, servant, at...

      26. “.................... You did, when acting as railway signalman, cancel a...

      27. “.................... You formed part of a riotous mob, which, acting...

      28. “.................... You did, being the lawful husband of Helen Hargreaves,...

      29. “.................... You being sworn as a witness in a civil...

      30. “.................... You did suborn James Carruthers, scavenger, 12 Hercles Street,...

      31. “.................... You did deforce John Macdonald, a sheriff officer of...

    3. SCHEDULE 3

      Indictments and Complaints

      1. 1.An accused may be named and designed—

      2. 2.It shall not be necessary to specify by any nomen...

      3. 3.It shall not be necessary to allege that any act...

      4. 4.(1) The latitude formerly used in stating time shall be...

      5. 5.The word “money” shall include cheques, banknotes, postal orders, money...

      6. 6.Any document referred to shall be referred to by a...

      7. 7.In an indictment which charges a crime importing personal injury...

      8. 8.(1) In an indictment or a complaint charging the resetting...

      9. 9.(1) Where two or more crimes or acts of crime...

      10. 10.(1) Under an indictment or, as the case may be,...

      11. 11.In an indictment or complaint charging a contravention of an...

      12. 12.In a complaint charging a contravention of an enactment—

      13. 13.In the case of an offence punishable under any enactment,...

      14. 14.Where— (a) any act alleged in an indictment or complaint...

      15. 15.Where the evidence in a trial is sufficient to prove...

      16. 16.Where, in relation to an offence created by or under...

      17. 17.It shall be competent to include in one indictment or...

      18. 18.In any proceedings under the Merchant Shipping Acts it shall...

      19. 19.In offences inferring dishonest appropriation of property brought before a...

    4. SCHEDULE 4

      Supervision and Treatment Orders

      1. Part I Preliminary

        1. 1.(1) In this Schedule “supervision and treatment order” means an...

      2. Part II Making and Effect of Orders

        1. Circumstances in which orders may be made

          1. 2.(1) The court shall not make a supervision and treatment...

        2. Making of orders and general requirements

          1. 3.(1) A supervision and treatment order shall specify the local...

        3. Obligatory requirements as to medical treatment

          1. 4.(1) A supervision and treatment order shall include a requirement...

        4. Optional requirements as to residence

          1. 5.(1) Subject to sub-paragraphs (2) to (4) below, a supervision...

      3. Part III Revocation and Amendment of Orders

        1. Revocation of order in interests of health or welfare

          1. 6.Where a supervision and treatment order is in force in...

        2. Amendment of order by reason of change of residence

          1. 7.(1) This paragraph applies where, at any time while a...

        3. Amendment of requirements of order

          1. 8.(1) Without prejudice to paragraph 7 above, but subject to...

        4. Amendment of requirements in pursuance of medical report

          1. 9.(1) Where the medical practitioner by whom or under whose...

        5. Supplemental

          1. 10.(1) On the making under paragraph 6 above of an...

          2. 11.(1) On the making under paragraph 7 or 8 above...

          3. 12.On the making, revocation or amendment of a supervision and...

    5. SCHEDULE 5

      Forms of Complaint and Charges

      1. The following Forms are additional to those contained in Schedule...

      2. You did assault A.L. and strike him with your fists....

      3. You did conduct yourself in a disorderly manner and commit...

      4. You did threaten violence to the lieges and commit a...

      5. You did fight and commit a breach of the peace....

      6. You did publicly expose your person in a shameless and...

      7. You did obtain from A.N. board and lodging to the...

      8. You did maliciously knock down 20 metres of the coping...

      9. You did maliciously place a block of wood on the...

      10. You did drive a horse and cart recklessly to the...

      11. You did break into a poultry house and steal three...

      12. You did steal a coat which you obtained from R.O....

      13. having received from D.G. £6 to hand to E.R., you...

      14. having received from G.R. a watch in loan, you did...

      15. having found a watch, you did, without trying to discover...

      16. You did acquire from K.O., a private in the Third...

      17. You, being a person whose estate has been sequestrated, did...

      18. You, being the occupier of the said house, did use...

      19. You did frequent and loiter in the said street for...

      20. You did assault L.S., a constable of the Police, while...

      21. . . . . . . . . . ....

      22. You did wilfully neglect your children K.I., aged seven years;...

      23. You are the owner of a dog which is dangerous...

      24. You, being a parent of D.U., a child of school...

      25. . . . . . . . . . ....

      26. . . . . . . . . . ....

      27. You did sell and deliver to N.C. to his prejudice...

      28. You did take part in gaming in the street contrary...

      29. ...

      30. ...

      31. ...

      32. ...

      33. You did present or cause to be presented to W.E.,...

      34. . . . . . . . . . ....

      35. . . . . . . . . . ....

      36. You did drive a motor car recklessly contrary to section...

      37. You did act as a pedlar without having obtained a...

      38. . . . . . . . . . ....

      39. You did travel in a railway carriage without having previously...

      40. having on within the house No. Street, given birth to...

      41. You did take two salmon during the annual close time...

      42. You had in your possession for use for trade a...

    6. ...

      1. ...

        1. ..... . . . . . . . . ....

      2. ...

        1. ..... . . . . . . . . ....

        2. ..... . . . . . . . . ....

        3. ..... . . . . . . . . ....

      3. ...

        1. ..... . . . . . . . . ....

        2. ..... . . . . . . . . ....

    7. SCHEDULE 7

      1. 1.. . . . . . . . . ....

      2. 2.. . . . . . . . . ....

      3. 3.. . . . . . . . . ....

      4. 4.. . . . . . . . . ....

      5. 5.. . . . . . . . . ....

      6. 5A.. . . . . . . . . ....

      7. 6.. . . . . . . . . ....

      8. 7.. . . . . . . . . ....

      9. 8.. . . . . . . . . ....

    8. SCHEDULE 8

      Documentary Evidence in Criminal Proceedings

      1. Production of copy documents

        1. 1.(1) For the purposes of any criminal proceedings a copy...

      2. Statements in business documents

        1. 2.(1) Except where it is a statement such as is...

        2. 3.A statement in a document shall be admissible in criminal...

      3. Documents kept by businesses etc.

        1. 4.Unless the court otherwise directs, a document may in any...

      4. Statements not contained in business documents

        1. 5.(1) In any criminal proceedings, the evidence of an authorised...

      5. Additional evidence where evidence from business documents challenged

        1. 6.(1) This sub-paragraph applies where— (a) evidence has been admitted...

      6. General

        1. 7.(1) Nothing in this Schedule— (a) shall prejudice the admissibility...

        2. 8.In this Schedule— “business” includes trade, profession or other occupation;...

    9. SCHEDULE 9

      Certificates as to Proof of Certain Routine Matters

    10. SCHEDULE 9A

      The Commission: Further Provisions

      1. Membership

        1. 1.Her Majesty shall, on the recommendation of the Secretary of...

        2. 2.(1) Subject to the following provisions of this paragraph, a...

      2. Members and employees

        1. 3.(1) The Commission shall— (a) pay to members of the...

        2. 4.(1) The Commission may appoint a chief executive and such...

        3. 5.The Commission shall pay to the Minister for the Civil...

      3. Procedure

        1. 6.(1) The arrangements for the procedure of the Commission (including...

      4. Evidence

        1. 7.A document purporting to be— (a) duly executed under the...

      5. Annual reports and accounts

        1. 8.(1) As soon as possible after the end of each...

        2. 9.(1) The Commission shall— (a) keep proper accounts and proper...

        3. 10.For the purposes of this Schedule the Commission’s financial year...

      6. Expenses

        1. 11.The Secretary of State shall defray the expenses of the...

    11. SCHEDULE 10

      Certain Offences Triable only Summarily

      1. Night Poaching Act 1828 (c. 69)

        1. 1.Offences under section 1 of the Night Poaching Act 1828...

      2. Public Meeting Act 1908 (c.66)

        1. 2.Offences under section 1(1) of the Public Meeting Act 1908...

      3. Post Office Act 1953 (c. 36)

        1. 3. Certain Offences Triable only Summarily

      4. Betting, Gaming and Lotteries Act 1963 (c. 2)

        1. 4.Offences under the following provisions of the Betting, Gaming and...

      5. Theatres Act 1968 (c.54)

        1. 5.Offences under section 6 of the Theatres Act 1968 (provocation...

      6. Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

        1. 6.Offences under section 12(1) of the Criminal Law (Consolidation) (Scotland)...

    12. SCHEDULE 11


      1. Person residing in Scotland

        1. 1.The financial penalty is suitable for enforcement in Scotland if...

      2. Person having property etc. in Scotland

        1. 2.The financial penalty is suitable for enforcement in Scotland if—...

      3. Person having property etc. in Scotland and England and Wales

        1. 3.(1) This paragraph applies if— (a) the certificate states that...

      4. Person having property etc. in Scotland and Northern Ireland

        1. 4.(1) This paragraph applies if— (a) the certificate states that...

      5. Person having property etc. in Scotland and England and Wales and Northern Ireland

        1. 5.(1) This paragraph applies if— (a) the certificate states that...

      6. Interpretation

        1. 6.Where the person required to pay the financial penalty is...

        2. 7.In this Schedule, unless the context otherwise requires, references to...

    13. SCHEDULE 12



        1. 1.A penalty (of any kind) has been imposed on the...

        2. 2.A penalty (of any kind) has been imposed on the...

        3. 3.The decision was made in respect of conduct—

        4. 4.The decision to which the financial penalty relates was made...

        5. 5.The decision ... was made in respect of conduct by...

        6. 5A.The certificate— (a) is incomplete (including by reason of not...

        7. 6.Where the proceedings in which the decision was made were...

        8. 6A.(1) The certificate— (a) indicates that the decision is neither...

        9. 7.(1) The financial penalty is for an amount of less...


        1. 8.Participation in a criminal organisation.

        2. 9.Terrorism.

        3. 10.Trafficking in human beings.

        4. 11.Sexual exploitation of children and child pornography.

        5. 12.Illicit trafficking in narcotic drugs and psychotropic substances.

        6. 13.Illicit trafficking in weapons, munitions and explosives.

        7. 14.Corruption.

        8. 15.Fraud, including that affecting the financial interests of the European...

        9. 16.Laundering of the proceeds of crime.

        10. 17.Counterfeiting currency, including of the euro.

        11. 18.Computer-related crime.

        12. 19.Environmental crime, including illicit trafficking in endangered animal species and...

        13. 20.Facilitation of unauthorised entry and residence.

        14. 21.Murder, grievous bodily injury.

        15. 22.Illicit trade in human organs and tissue.

        16. 23.Kidnapping, illegal restraint and hostage-taking.

        17. 24.Racism and xenophobia.

        18. 25.Organised or armed robbery.

        19. 26.Illicit trafficking in cultural goods, including antiques and works of...

        20. 27.Swindling.

        21. 28.Racketeering and extortion.

        22. 29.Counterfeiting and piracy of products.

        23. 30.Forgery of administrative documents and trafficking therein.

        24. 31.Forgery of means of payment.

        25. 32.Illicit trafficking in hormonal substances and other growth promoters.

        26. 33.Illicit trafficking in nuclear or radioactive materials.

        27. 34.Trafficking in stolen vehicles.

        28. 35.Rape.

        29. 36.Arson.

        30. 37.Crimes within the jurisdiction of the International Criminal Court.

        31. 38.Unlawful seizure of aircraft or ships.

        32. 39.Sabotage.

        33. 40.Conduct which infringes road traffic regulations, including breaches of regulations...

        34. 41.Smuggling of goods.

        35. 42.Infringements of intellectual property rights.

        36. 43.Threats and acts of violence against persons, including violence during...

        37. 44.Criminal damage.

        38. 45.Theft.

        39. 46.Offences created by the issuing State and serving the purpose...


        1. 47.(1) In this Schedule— (za) “certificate” means the certificate referred...

    14. SCHEDULE13



        1. 1.(1) This paragraph applies where the court is considering imposing...

        2. 2.(1) This paragraph applies where— (a) an offender on whom...

        3. 3.(1) This paragraph applies where the court is considering—

        4. 4.(1) The court may not, in a community payback order...

        5. 5.(1) This paragraph applies where the court—

        6. 6.(1) This paragraph applies where the court has—

        7. 7.(1) In this Part— ... ... “the appropriate Scottish court”...


        1. 8.(1) This paragraph applies where the court is considering imposing...

        2. 9.(1) This paragraph applies where— (a) an offender on whom...

        3. 10.(1) This paragraph applies where the court is considering—

        4. 11.(1) The court may not, in a community payback order...

        5. 12.(1) This paragraph applies where the court—

        6. 13.(1) This paragraph applies where the court has—

        7. 14.(1) In this Part— “the 1996 Order ” means the...


      1. 1.Notes:

      2. 2.The following abbreviations are used in the Table:— Acts of...

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