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Criminal Procedure (Scotland) Act 1887

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. 1.Interpretation

  3. 2.Indictment forms

  4. 3.Procedure on resignation, death, or removal of Lord Advocate

  5. 4.INDICTMENTS. Naming of accused

  6. 5.Nomen juris unnecessary

  7. 6.Case of two or more persons charged

  8. 7.Guilty, actor or art and part, unnecessary

  9. 8.Qualifying words to be implied

  10. 9.Quotation of statutes unnecessary

  11. 10.Latitude as to time and place

  12. 11.Latitude as to quantities, persons, things, or modes

  13. 12.Description of buildings, goods, money, or other property

  14. 13.Description of persons, goods, &c

  15. 14."Money" to include coin, bank notes, and post office orders

  16. 15.Setting forth documents unnecessary

  17. 16.Petitions for warrants

  18. 17.Prisoners before examination to have access to law agent

  19. 18.Bail competent before committal

  20. 19.Declarations, convictions, &c, not averred

  21. 20."All which or part" implied

  22. 21.Indictments, &c. written or printed or partly so

  23. 22.Procedure in case of crime in different counties

  24. 23.Warrants for citation

  25. 24.Service

  26. 25.Two diets

  27. 26.Notice for first diet

  28. 27.Record copy indictment and list of witnesses

  29. 28.FIRST DIET—Sheriff Court case

  30. 29.High Court case

  31. 30.Procurator of place of second diet may defend at both diets

  32. 31.Procedure where accused desires to plead guilty

  33. 32.Interlocutor of relevancy unnecessary

  34. 33.Certain objections only competent at first diet

  35. 34.Where sentence delayed original warrant of commitment stands

  36. 35.Description of witnesses

  37. 36.Written notice of special defence

  38. 37.Accused entitled to see productions

  39. 38.Notice of jury list

  40. 39.Sufficient jurors only to be summoned

  41. 40.SECOND DIET—Transcript of proceedings at first diet

  42. 41.Review at second diet in High Court

  43. 42.Procedure where trial does not take place

  44. 43.Prevention of delay in trials

  45. 44.High Court of Justiciary

  46. 45.Salaries of judges of High Court

  47. 46.Sittings of High Court

  48. 47.Area from which jury summoned

  49. 48.Sitting dispensed with

  50. 49.Adjournment of second diets

  51. 50.Sitting transferred where few cases

  52. 51.Trials in adjacent county

  53. 52.Postponement on old warrant where diet deserted

  54. 53.Objections to witnesses

  55. 54.Clerk to state charge, and swear jury

  56. 55.Seclusion of jury

  57. 56.Capital cases

  58. 57.Form of sentence

  59. 58.Reset

  60. 59.Robbery, &c. to include reset and theft to include breach of trust, &c

  61. 60.Procedure where more than one crime charged

  62. 61.Attempt at crime

  63. 62.Statutory offences which are offences at common law

  64. 63.Previous convictions of dishonesty

  65. 64.Previous convictions of violence

  66. 65.Previous convictions of lewd conduct, &c

  67. 66.Extract convictions to be received unless impugned

  68. 67.Proving and recording previous convictions

  69. 68.Superfluous particulars as to identity

  70. 69.Declarations

  71. 70.Variance between indictment and evidence

  72. 71.Certain sections to apply to summary complaints

  73. 72.High Court proceedings final

  74. 73.Circuit clerks of Justiciary

  75. 74.Repeal

  76. 75.Act not to apply to treason

  77. 76.Power to High Court to pass Acts of Adjournal

  78. 77.Commencement of Act

  79. 78.Short title

  80. SCHEDULES.

    1. SCHEDULE A

      EXAMPLES OF INDICTMENTS.

    2. SCHEDULE B

      WARRANT FOR CITATION OF PERSONS ACCUSED, WITNESSES, AND JURORS.

    3. SCHEDULE C

      EXECUTION OF CITATION.

    4. SCHEDULE D

    5. SCHEDULE E

    6. SCHEDULE F

    7. SCHEDULE G

    8. SCHEDULE H

    9. SCHEDULE I

    10. SCHEDULE K

    11. SCHEDULE L

    12. SCHEDULE M

    13. SCHEDULE N

    14. SCHEDULE O

    15. SCHEDULE P

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