- Latest available (Revised)
- Point in Time (02/07/2007)
- Original (As enacted)
Version Superseded: 01/04/2008
Point in time view as at 02/07/2007.
There are currently no known outstanding effects for the Criminal Procedure (Amendment) (Scotland) Act 2004,
Part 4
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Section 71 (first diet) of the 1995 Act is amended as follows.
(2)After subsection (1B) insert—
“(1C)At a first diet, the court—
(a)shall ascertain which of the witnesses included in the list of witnesses are required by the prosecutor or the accused to attend the trial; and
(b)shall, where the accused has been admitted to bail, review the conditions imposed on his bail and may—
(i)after giving the parties an opportunity to be heard; and
(ii)if it considers it appropriate to do so,
fix bail on different conditions.”.
(3)In subsection (2), for “and (1A)” substitute “ , (1A) and (1C) ”.
(4)In subsection (3), after “(1A)” insert “ , (1C) ”.
Commencement Information
I1S. 19 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
(1)Section 196 (sentence following guilty plea) of the 1995 Act is amended as follows.
(2)In subsection (1), for “may” substitute “ shall ”.
(3)After subsection (1) insert—
“(1A)In passing sentence on an offender referred to in subsection (1) above, the court shall—
(a)state whether, having taken account of the matters mentioned in paragraphs (a) and (b) of that subsection, the sentence imposed in respect of the offence is different from that which the court would otherwise have imposed; and
(b)if it is not, state reasons why it is not.”.
Commencement Information
I2S. 20 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
In section 210A(6) of the 1995 Act (which provides for the maximum extended sentence which may be imposed by the sheriff on sex and violent offenders), for “three years” substitute “ five years ”.
Commencement Information
I3S. 21 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
After section 267 of the 1995 Act there is inserted—
(1)This Act shall be sufficient warrant for the citation of witnesses for precognition by the prosecutor, whether or not any person has been charged with the offence in relation to which the precognition is taken.
(2)Such citation shall be in the form prescribed by Act of Adjournal or as nearly as may be in such form.
(3)A witness who, having been duly cited—
(a)fails without reasonable excuse, after receiving at least 48 hours notice, to attend for precognition by a prosecutor at the time and place mentioned in the citation served on him; or
(b)refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which the precognition is taken,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to a term of imprisonment not exceeding 21 days.”.
Commencement Information
I4S. 22 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), Sch. 1 (with arts. 3-5)
In section 260 (admissibility of prior statements of witnesses) of the 1995 Act, after subsection (4) insert—
“(5)A prior statement made by a witness shall not, in any proceedings on indictment, be inadmissible by reason only that it is not included in any list of productions lodged by the parties.”.
Commencement Information
I5S. 23 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
(1)In section 10 (referral of person convicted of offence against a child for inclusion on list of persons considered unsuitable to work with children) of the Protection of Children (Scotland) Act 2003 (asp 5)—
(a)for “proposed reference”, where it appears in subsections (5) and (6), substitute “ reference proposed under subsection (1) above ”,
(b)for paragraphs (a) and (b) of subsection (6) substitute—
“(a)the period during which an appeal against the proposed reference may be brought has expired without an appeal being brought; or
(b)where an appeal is brought within that period, it is dismissed or abandoned.”.
(2)In subsection (1) of section 110 (note of appeal) of the 1995 Act, after “Act”, where second occurring, insert “ or, in the case of an appeal under section 106(1)(db) or (dc) of this Act, the date on which the proposal to make a reference is made ”.
(3)After subsection (2) of section 111 (extension of period during which an appeal may be brought in solemn proceedings) insert—
“(3)Subsection (2) above does not allow the High Court to extend any such period which relates to an appeal under section 106(1)(db), (dc) or (f)(ii) or (iii) of this Act.”.
(4)After subsection (3) of section 181 (extension of period during which an appeal may be brought in summary proceedings) insert—
“(4)Subsection (1) above does not allow the High Court to make a direction in relation to an appeal under section 175(2)(cb) or (d)(ii) or (iii) of this Act.”.
(5)In subsection (2)(a) of section 186 (appeals against sentence) of the 1995 Act—
(a)the word “or”, which immediately precedes sub-paragraph (ii) is repealed,
(b)after that sub-paragraph insert “; or
(iii)in the case of an appeal under section 175(2)(cb), the date on which it is proposed that a reference be made”.
Commencement Information
I6S. 24 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
The schedule makes further modifications of the 1995 Act, including modifications of a minor and consequential nature.
Commencement Information
I7S. 25 in force at 4.10.2004 for specified purposes, 4.12.2004 for specified purposes and 1.2.2005 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
I8S. 25 in force at 4.12.2004 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
I9S. 25 in force at 1.2.2005 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)
I10S. 25 in force at 1.4.2005 for specified purposes, 1.4.2006 for specified purposes, 1.4.2007 for specified purposes, 2.7.2007 for specified purposes and 1.4.2008 for specified purposes by S.S.I. 2004/405, art. 2(2), sch. 2 (with arts. 3-5) (see S.S.I. 2005/168, S.S.I. 2006/59, S.S.I. 2007/101, S.S.I. 2007/329 and S.S.I. 2008/57)
(1)The Scottish Ministers may by order made by statutory instrument make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.
(2)An order under this section may modify any enactment (including this Act), instrument or document.
(3)A statutory instrument containing an order under this section (except where subsection (4) applies) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)No order under this section containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Parliament.
(1)This Act (except section 26 and this section) comes into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.
(2)An order under subsection (1) may—
(a)appoint different days for different purposes,
(b)include such transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient in connection with the coming into force of the provisions brought into force.
(3)This Act may be cited as the Criminal Procedure (Amendment) (Scotland) Act 2004.
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: