- Latest available (Revised)
- Original (As enacted)
Criminal Procedure (Scotland) Act 1995 is up to date with all changes known to be in force on or before 08 October 2024. There are changes that may be brought into force at a future date.
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 affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
18A. Retention of samples etc. : prosecutions for sexual and violent offences
18B.Retention of samples etc. where offer under sections 302 to 303ZA accepted
18C.Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences
18D.Retention of samples etc. taken or provided in connection with certain fixed penalty offences
18E.Retention of samples etc.: children referred to children's hearings
19. Prints, samples etc. in criminal investigations: supplementary provisions.
19A. Samples etc. from persons convicted of sexual and violent offences.
19AB.Section 19AA: supplementary provision in sexual risk order cases
19B. Power of constable in obtaining relevant physical data etc.
24A.Bail conditions: remote monitoring of restrictions on movements
24B.Regulations as to power to impose remote monitoring requirements under section 24A
24C.Monitoring of compliance in pursuance of requirements imposed under section 24A
24E.Documentary evidence in proceedings for breach of bail conditions being remotely monitored
25A.Failure to accept conditions of bail under section 65(8C): continued detention of accused
28A.Application of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28
Effect of assessment and treatment orders on pre-existing mental health orders
PART VIII Appeals from Solemn Proceedings
106A. Appeal against automatic sentences where earlier conviction quashed.
107A.Prosecutor's right of appeal: decisions on section 97 and 97A submissions
107B.Prosecutor's right of appeal: decisions on admissibility of evidence
107C.Appeals under section 107A and 107B: general provisions
107E.Other appeals under section 107A: appeal against acquittal
107F. Other appeals under section 107A or 107B: appeal against directions etc.
108A. Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.
121A. Suspension of certain sentences pending determination of appeal.
124. Finality of proceedings and Secretary of State’s reference.
130A.Bill of advocation not competent in respect of certain decisions
137A.Transfer of sheriff court summary proceedings within sheriffdom
137AA.Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal
137B.Transfer of sheriff court summary proceedings outwith sheriffdom
137C.Custody cases: initiating proceedings outwith sheriffdom
137CC.Custody cases: initiating JP court proceedings outwith sheriffdom
PART X Appeals from Summary Proceedings
Part XA Scottish Criminal Cases Review Commission
204.Restrictions on passing sentence of imprisonment or detention.
204A.Restriction on consecutive sentences for released prisoners.
205ZB.Minimum punishment part where life sentence imposed for serious terrorism offence
205B.Minimum sentence for third conviction of certain offences relating to drug trafficking.
205C.Meaning of “conviction” for purposes of sections 205A and 205B.
205D.Only one sentence of imprisonment for life to be imposed in any proceedings
210ZA.Consideration of time spent on electronically monitored bail
210A.Extended sentences for sex, violent and terrorist offenders.
The mutual recognition of criminal financial penalties
223A.Recognition of financial penalties: requests to other member States
223B.Requests to other member States: procedure on issue of certificate
223C.Requests to other member States: application of provisions relating to fines
223D.Requests to other member States: application of provisions relating to compensation orders
223E.Requests to other member States: application of provisions relating to fixed penalties
223F.Recognition of financial penalties: requests from other member States
223FA.Requests from other member States: procedure where no certificate
223G.Requests from other member States: return of certificate
223H.Requests from other member States: procedure on receipt of certificate
223I.Requests from other member States: action undertaken under certificate
223J.Requests from other member States: application of provisions in relation to fines
223K.Requests from other member States: supplementary provisions in relation to fines
223L.Requests from other member States: action for enforcement where financial penalty not recovered
223M.Requests from other member States: application of provisions relating to orders for compensation
223N.Requests from other member States: supplementary provisions in relation to orders for compensation
223O.Requests from other member States: application of provisions relating to fixed penalties
223P.Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland
223R.Accrual of monies obtained from the enforcement of financial penalties
234C. Requirements and provisions of drug treatment and testing orders.
234CA.Requirement for ... monitoring in drug treatment and testing order
234D. Procedural matters relating to drug treatment and testing orders.
234H. Disposal on revocation of drugs treatment and testing order.
234J. Concurrent drug treatment and testing and probation orders.
Community service by offenders
240. Community service orders: amendment and revocation etc.
241. Community service order: commission of offence while order in force.
242. Community service orders: persons residing in England and Wales.
243. Community service orders: persons residing in Northern Ireland.
244. Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.
245. Community service orders: rules, annual report and interpretation.
245D. Combination of restriction of liberty order with other orders.
245G. Disposal on revocation of restriction of liberty order.
245H. Documentary evidence in proceedings under section 245F.
245I. Procedure on variation or revocation of restriction of liberty order.
245J.Breach of certain orders: adjourning hearing and remanding in custody etc.
Special measures for child witnesses and other vulnerable witnesses
271B.Further special provision for child witnesses under the age of 12
271BZA.Child witnesses in certain solemn cases: special measures
271BZB.Child witnesses in certain solemn cases: modifications of section 271A
271BZC.Child witnesses in certain solemn cases: modifications of section 271D
271M.Giving evidence in chief in the form of a prior statement
Convention rights ... compatibility issues , devolution issues and UNCRC compatibility issues
288ZB.References of compatibility issues to the High Court or Supreme Court
288A.Rights of appeal for Advocate General: compatibility issues and devolution issues.
288AB.References of UNCRC compatibility issues to the High Court or Supreme Court
288AC.Appeals to the Supreme Court: UNCRC compatibility issues
288BZA.UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies
Application of vulnerable witnesses provisions to proceedings in the district court
SCHEDULES
Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
1.Any offence under Part I of the Criminal Law (Consolidation)...
1B.Any offence under section 19 (sexual assault on a young...
1C.Any offence under section 20 (sexual assault on a young...
1D.Any offence under section 42 of that Act (sexual abuse...
2A.Any offence under the Prohibition of Female Genital Mutilation (Scotland)...
3.Any other offence involving bodily injury to a child under...
4.Any offence involving the use of lewd, indecent or libidinous...
4A.Any offence under section 5 (coercing a person into being...
“A.B.(name and address, that given in the declaration being sufficient),...
“.................... You did rob Charles Doyle, a cattle dealer, of...
“.................... You did break into the house occupied by Andrew...
“.................... You did force open (or attempt to force open)...
“.................... You did place your hand in one of the...
“.................... You did assault Lewis Mann, station-master of Earlston, and...
“.................... You did, while in the employment of James Pentland,...
“.................... You did, while acting as commercial traveller to Brown...
“.................... You did pretend to Norah Omond, residing there, that...
“.................... You did reset a watch and chain, pocket book...
“.................... You did utter as genuine a bill, on which...
“.................... You did utter as genuine a letter bearing to...
“.................... You did utter a cheque signed by Henry Smith...
“.................... You did, when examined under section 45 of the...
“.................... You did, sequestration having been awarded on your estate...
“.................... You did set fire to a warehouse occupied by...
“.................... You did set fire to the shop in Brown...
“.................... You did assault Theresa Unwin, your wife, and did...
“.................... You did stab Thomas Underwood, baker, of Shiels Place,...
“.................... You did administer poison to Vincent Wontner, your son,...
“.................... You did strangle Mary Shaw, mill-worker, daughter of John...
“.................... You were delivered of a child now dead or...
“.................... You did assault Hector Morrison, carter, of 20 Buccleuch...
“.................... You did ravish Harriet Cowan, mill-worker, of 27 Tweed...
“.................... You did attempt to ravish Jane Peters, servant, at...
“.................... You did, when acting as railway signalman, cancel a...
“.................... You formed part of a riotous mob, which, acting...
“.................... You did, being the lawful husband of Helen Hargreaves,...
“.................... You being sworn as a witness in a civil...
“.................... You did suborn James Carruthers, scavenger, 12 Hercles Street,...
“.................... You did deforce John Macdonald, a sheriff officer of...
4.(1) The latitude formerly used in stating time shall be...
5.The word “money” shall include cheques, banknotes, postal orders, money...
7.In an indictment which charges a crime importing personal injury...
8.(1) In an indictment or a complaint charging the resetting...
11.In an indictment or complaint charging a contravention of an...
13.In the case of an offence punishable under any enactment,...
14.Where— (a) any act alleged in an indictment or complaint...
18.In any proceedings under the Merchant Shipping Acts it shall...
19.In offences inferring dishonest appropriation of property brought before a...
Forms of Complaint and Charges
The following Forms are additional to those contained in Schedule...
You did conduct yourself in a disorderly manner and commit...
having found a watch, you did, without trying to discover...
You, being a person whose estate has been sequestrated, did...
You did wilfully neglect your children K.I., aged seven years;...
You did travel in a railway carriage without having previously...
The Commission: Further Provisions
Certain Offences Triable only Summarily
GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES
PART 2 EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)
12.Illicit trafficking in narcotic drugs and psychotropic substances.
13.Illicit trafficking in weapons, munitions and explosives.
15.Fraud, including that affecting the financial interests of the European...
19.Environmental crime, including illicit trafficking in endangered animal species and...
26.Illicit trafficking in cultural goods, including antiques and works of...
30.Forgery of administrative documents and trafficking therein.
32.Illicit trafficking in hormonal substances and other growth promoters.
37.Crimes within the jurisdiction of the International Criminal Court.
40.Conduct which infringes road traffic regulations, including breaches of regulations...
43.Threats and acts of violence against persons, including violence during...
46.Offences created by the issuing State and serving the purpose...
TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.