SCHEDULE 7MODIFICATIONS OF ENACTMENTS
The Libel Act 1792 (c.60)
I71
The Libel Act 1792 is repealed.
The Criminal Libel Act 1819 (c.8)
I82
The Criminal Libel Act 1819 is repealed.
The False Oaths (Scotland) Act 1933 (c.20)
I93
The False Oaths (Scotland) Act 1933 is repealed.
The Public Records (Scotland) Act 1937 (c.43)
I14
In section 14 of the Public Records (Scotland) Act 1937 (interpretation)—
a
for the definition of “court records” substitute—
“court records” includes (in addition to records of the ordinary courts) records of the Scottish Land Court;
b
for subsection (2) substitute—
2
Any question as to whether or not a document is part of the records of a particular court is to be determined—
a
in the case of the High Court, by the Lord Justice General,
b
in any other case, by the Lord President.
The Law Officers Act 1944 (c.25)
I25
In section 2(3) of the Law Officers Act 1944 (Lord Advocate and Solicitor General for Scotland), for the words from “three” to the end substitute “
287 of the Criminal Procedure (Scotland) Act 1995 (c.46)
”
.
The Defamation Act 1952 (c.66)
I106
In the Defamation Act 1952, section 17(2) is repealed.
The Rehabilitation of Offenders Act 1974 (c.53)
I607
The Rehabilitation of Offenders Act 1974 is amended as follows.
I638
In section 1 (rehabilitated persons and spent convictions), in subsection (4)(b), after “insanity” insert “
or, as the case may be, a finding that a person is not criminally responsible under section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46)
”
.
I619
In section 6(6)(bb)
(convictions in service disciplinary proceedings), for “the Schedule” substitute “
Schedule 1
”
.
I6210
The Schedule (service disciplinary proceedings) is renumbered as Schedule 1.
The Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34)
I1111
In Schedule 1 to the Evidence (Proceedings in Other Jurisdictions) Act 1975 (consequential amendments), the paragraph relating to the False Oaths (Scotland) Act 1933 is repealed.
The 1982 Act
I1212
The 1982 Act is amended as follows.
I313
In section 52 (indecent photographs etc. of children), subsection (7) is repealed.
I1314
In section 64 (appeals against orders in relation to public processions), in subsection (6), for “paragraph (a)(ii)” substitute “
paragraph (a)(i)
”
.
The Legal Aid (Scotland) Act 1986 (c.47)
I6416
In section 22 of the Legal Aid (Scotland) Act 1986 (automatic availability of criminal legal aid), in subsection (1)—
a
in paragraph (da), for “he is insane so that his trial cannot proceed or continue;” substitute “
the accused is unfit for trial under section 53F of the Criminal Procedure (Scotland) Act 1995;
”
, and
b
in paragraph (dc), for “in case involving insanity” substitute “
where accused found not criminally responsible or unfit for trial
”
.
The Criminal Justice (Scotland) Act 1987 (c.41)
I1517
In the Criminal Justice (Scotland) Act 1987, sections 51 to 54 (investigation of serious or complex fraud) are repealed.
The Criminal Justice Act 1988 (c.33)
I1618
In the Criminal Justice Act 1988, in Schedule 15 (minor and consequential amendments), paragraphs 89, 111 and 117 are repealed.
The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
I1719
In section 243(4)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction of offence of conspiracy: Scotland), the words “or sedition” are repealed.
The Criminal Justice and Public Order Act 1994 (c.33)
I1820
In the Criminal Justice and Public Order Act 1994, in section 164 (extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland), subsections (3) and (4) are repealed.
The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)
I1921
The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.
I2022
Section 16 (powers of search) is repealed.
I2123
In section 23 (interpretation of Part 2), in the definition of “period of a designated sporting event”, for “in” substitute “
it
”
.
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)
I2224
In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (minor and consequential amendments), in paragraph 44, sub-paragraph (2) is repealed.
The 1995 Act
I2325
The 1995 Act is amended as follows.
26
After section 5 insert—
5ASigning of warrants etc. outwith sheriff's jurisdiction
The competence of a sheriff to sign any warrant, judgment, interlocutor or other document relating to any proceedings within the sheriff's jurisdiction extends to competence to do so at any other place in Scotland.
I2427
In section 10A (jurisdiction for transferred cases)—
a
after subsection (1) insert—
1A
The jurisdiction of a JP court includes jurisdiction for any cases which come before it by virtue of section 137CA, 137CB or 137CC of this Act.
b
in subsection (2)—
i
the word “and” immediately following paragraph (a) is repealed,
ii
after paragraph (a) insert—
aa
power to prosecute in any cases which come before a JP court of that district by virtue of a provision mentioned in subsection (1A) above;
iii
in paragraph (b), for “criminal proceedings which otherwise come before that sheriff” substitute “
the other cases which come before that sheriff when exercising criminal jurisdiction or (as the case may be) before that JP court
”
, and
c
for subsection (3) substitute—
3
This section is without prejudice to sections 4 to 10 of this Act.
I2528
In section 11 (certain offences committed outside Scotland)—
a
in subsection (3), for “proceeded against, indicted” substitute “
prosecuted
”
, and
b
in subsection (4), for “dealt with, indicted” substitute “
prosecuted
”
.
I2629
In section 17A (right of person accused of sexual offence to be told about restriction on conduct of defence: arrest), in subsection (1)—
a
for paragraphs (za) and (a) substitute—
a
that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,
b
in paragraph (c), for the words from “preliminary” to “trial” substitute “
hearing
”
.
I2730
In section 18(8)(c)
(power to take prints etc. under authority of a warrant unaffected by section), for “prints, impressions” substitute “
relevant physical data
”
.
I2831
In section 19(1)(b) (samples etc. taken from person convicted of offence), the words “impression or”, in both places where they occur, are repealed.
I6532
In section 19A (samples etc. from persons convicted of sexual and violent offences), in subsection (6), in paragraph (a) of the definition of “conviction”, for the words from “, by” to the end substitute “
by reason of the special defence set out in section 51A of this Act;
”
.
I5933
Section 20 (use of prints, samples, etc.) is repealed.
I2934
In section 22 (liberation by police), subsections (1H), (2), (4), (4A) and (5) are repealed.
I3035
In section 23A (bail and liberation where person already in custody)—
a
in each of subsections (1) and (4), for “23 or 65(8C)” substitute “
23, 65(8C) or 107A(7)(b)
”
, and
b
in subsection (3), for “22A(3) or 23(7)” substitute “
22A(3), 23(7) or 107A(7)(b)
”
.
I3136
In section 35 (judicial examination), in subsection (4A)—
a
for paragraphs (za) and (a) substitute—
a
that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,
b
in paragraph (c), for the words from “preliminary” to “trial” substitute “
hearing
”
.
I6637
In section 55(4) (acquittal at examination of facts)—
a
for the words from “insane” to “omission” substitute “
not, because of section 51A of this Act, criminally responsible for the conduct
”
, and
b
for “on the ground of such insanity” substitute “
by reason of the special defence set out in that section
”
.
I6738
The title of section 57 (disposal of case where accused found to be insane) is amended by substituting “not criminally responsible or unfit for trial” for “to be insane” and the cross-heading which precedes it is amended by substituting “
where accused found not criminally responsible
”
for “in case of insanity”.
I6839
In section 57 (disposal of case where accused found to be insane), in subsection (1)(a), for the words from “, by” to “omission” substitute “
acquitted by reason of the special defence set out in section 51A of this Act
”
.
I6940
In section 60C(7) (disapplication of provision where person acquitted on ground of insanity)—
a
after “apply” insert “
in a case where the person is acquitted by reason of the special defence set out in section 51A of this Act.
”
, and
b
paragraphs (a) and (b) are repealed.
I7041
In section 61 (requirements as to medical evidence)—
a
in subsection (1), the words “under section 54(1)(a) of this Act or” are repealed,
b
in subsection (3), the words “or 54(1)(a)” are repealed, and
c
in subsection (5), for “the said section 54(1)” substitute “
section 54(1)(c) of this Act
”
.
I7142
The title of section 62 (appeal by accused in case involving insanity) is amended by substituting “
not criminally responsible or unfit for trial
”
for “in case involving insanity” and the section is amended as follows—
a
in subsection (1)(a), for “insane” substitute “
unfit for trial
”
, and
b
in subsection (2)(b)(iii), for the words from “virtue” to “omission” substitute “
reason of the special defence set out in section 51A of this Act
”
.
I7243
The title of section 63 (appeal by prosecutor in case involving insanity) is amended by substituting “
where accused found not criminally responsible or unfit for trial
”
for “in case involving insanity” and subsection (1) of that section is amended as follows—
a
in paragraph (a), for “insane” substitute “
unfit for trial
”
,
b
for paragraph (b) substitute—
b
an acquittal by reason of the special defence set out in section 51A of this Act;
c
in paragraph (c), for the words from “on” to “omission” substitute “
by reason of the special defence set out in section 51A of this Act
”
.
I3244
In section 66 (service and lodging of indictment etc.), in subsection (6A)(a)—
a
for sub-paragraphs (zi) and (i) substitute—
i
that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,
b
in sub-paragraph (iii), for the words from “preliminary” to “trial” substitute “
hearing
”
.
I3345
In section 71 (first diet)—
a
in subsection (A1), for the words “his defence at the trial” substitute “
the conduct of his case at any relevant hearing in the course of the proceedings
”
,
b
in subsection (B1)(c), for the words “before the trial diet” substitute “
in relation to any hearing in the course of the proceedings
”
,
c
in subsection (1A)(a), for “the trial” substitute “
any hearing in the course of the proceedings
”
,
d
in subsection (1B)(a), for “the trial” substitute “
any hearing in the course of the proceedings
”
,
e
in subsection (5A)(b), for the words “his defence at the trial” substitute “
the conduct of his case at any relevant hearing in the course of the proceedings
”
, and
f
after subsection (7), insert—
7A
In subsections (A1) and (5A)(b), “relevant hearing” means—
a
in relation to proceedings mentioned in paragraph (a) of subsection (B1), any hearing at, or for the purposes of, which a witness is to give evidence,
b
in relation to proceedings mentioned in paragraph (b) of that subsection, a hearing referred to in section 288E(2A),
c
in relation to proceedings mentioned in paragraph (c) of that subsection, a hearing in respect of which an order is made under section 288F.
I7346
In section 78(2)
(which attracts the procedure for notifying special defences in relation to certain other defences), after “apply” insert “
to a plea of diminished responsibility or
”
.
I3447
In section 79 (preliminary pleas and preliminary issues), in subsection (2)(b)(ii), after “under section” insert “
22ZB(3)(b),
”
.
I448
In section 85 (juries: citation and attendance of jurors), in subsection (6), after “section 1” insert “
or 1A
”
.
I549
In section 90D (review of orders under section 90B(1)(a) or (b)), in subsection (3)(b), for “any other any” substitute “
any other
”
.
I3550
In section 102A (failure of accused to appear), for paragraph (b) of subsection (4) substitute—
b
section 27(7) of this Act,
I7451
In section 118(5) (disposal of appeal from solemn proceedings where High Court considers appellant to have been insane)—
a
for “insane when he did so” substitute “
not, because of section 51A of this Act, criminally responsible for it
”
, and
b
for “on the ground of insanity” substitute “
by reason of the special defence set out in section 51A of this Act
”
.
I3652
In section 136A (time limits for transferred and related cases), in subsection (1)—
a
in paragraph (a)(i), for “in pursuance of section 137A(1)” substitute “
under section 137A or 137CA
”
, and
b
in paragraph (a)(ii), for “in pursuance of section 137B(1), (1A) or (1C)” substitute “
under 137B or 137CB
”
.
I3753
In section 137B (transfer of sheriff court summary proceedings outwith sheriffdom), in subsection (4), for “a sheriff who has made an order under subsection (2A) above” substitute “
the sheriff who has made an order under subsection (2A) above (or another sheriff of the same sheriffdom)
”
.
I3854
In section 140 (citation), in subsection (2A)—
a
for paragraph (a) substitute—
a
that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,
b
in paragraph (c), for the words “his defence at the trial” substitute “
the conduct of his case at, or for the purposes of, the hearing
”
.
I3955
In section 144 (procedure at first diet), in subsection (3A)—
a
for paragraph (a) substitute—
a
that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,
b
in paragraph (c), for the words “his defence at the trial” substitute “
the conduct of his case at, or for the purposes of, the hearing
”
.
I4056
In section 146 (plea of not guilty), in subsection (3A)—
a
for paragraph (a) substitute—
a
that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,
b
in paragraph (c), for the words “his defence at the trial” substitute “
the conduct of his case at, or for the purposes of, the hearing
”
.
I7557
The title of section 190 (disposal of appeal where appellant insane) is amended by substituting “
not criminally responsible
”
for “insane”.
I7658
In section 190—
a
in subsection (1), for “insane when he did so” substitute “
not, because of section 51A of this Act, criminally responsible for it
”
, and
b
for “on the ground of insanity” substitute “
by reason of the special defence set out in section 51A of this Act
”
.
I4159
In section 247 (effect of probation and absolute discharge)—
a
in subsection (1), for the words from “placing” to “him” substitute “
discharging the offender
”
,
b
in subsection (2), the words “placed on probation or” are repealed, and
c
subsection (6) is repealed.
I4260
In section 254 (search warrant for forfeited articles)–
a
the existing provision becomes subsection (1), and
b
after that subsection insert—
2
In subsection (1), “article” includes animal.
I4361
In section 258 (uncontroversial evidence), after subsection (4A) insert—
4AA
Where in summary proceedings the relevant diet for the purposes of subsection (4A) above is an intermediate diet, an application under that subsection may be made at (or at any time before) that diet.
I7762
In section 307 (interpretation), in subsection (1), after the definition of “treatment order”, insert—
“unfit for trial” has the meaning given by section 53F of this Act;
The Offensive Weapons Act 1996 (c.26)
I4463
In the Offensive Weapons Act 1996, section 5 is repealed.
The Defamation Act 1996 (c.31)
I4564
In the Defamation Act 1996, section 20(2) is repealed.
The Crime and Punishment (Scotland) Act 1997 (c.48)
I4665
The Crime and Punishment (Scotland) Act 1997 is amended as follows.
F166
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4767
In section 13 (increase in sentences available to sheriff and district courts), subsection (2) is repealed.
I4868
In section 56 (powers of the court on remand or committal of children and young persons), subsection (3) is repealed.
The Terrorism Act 2000 (c.11)
I4969
In paragraph 30 of Part II of Schedule 5 to the Terrorism Act 2000 (explanations), in sub-paragraph (3)(a), for “section 2 of the False Oaths (Scotland) Act 1933” substitute “
section 44(2) of the Criminal Law (Consolidation)
(Scotland) Act 1995 (c.39)
”
.
The Protection of Children (Scotland) Act 2003 (asp 5)
70
In section 10 of the Protection of Children (Scotland) Act 2003 (referral of individuals acquitted of offence against a child on ground of insanity), in subsection (11)(a)—
a
in sub-paragraph (i), for “on the ground of insanity” substitute “
by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46)
”
, and
b
in sub-paragraph (ii), for “the Criminal Procedure (Scotland) Act 1995 (c.46)” substitute “
that Act
”
.
The Criminal Justice (Scotland) Act 2003 (asp 7)
I7871
In section 3 of the Criminal Justice (Scotland) Act 2003 (the Risk Management Authority), in paragraph (b) of subsection (2), for “to be insane” substitute “
not criminally responsible or unfit for trial
”
.
The Legal Deposit Libraries Act 2003 (c.28)
I5072
Section 10 of the Legal Deposit Libraries Act 2003 (exemption from liability: activities in relation to publications) is amended as follows—
a
in subsection (1), the words “, or subject to any criminal liability,” are repealed,
b
in subsection (2)(a), the words “in the case of liability in damages” are repealed,
c
in subsection (3), the words “, or subject to any criminal liability,” are repealed,
d
in subsection (4)(a), the words “in the case of liability in damages” are repealed,
e
in subsection (6)(a), the words “, or subject to any criminal liability,” are repealed, and
f
in subsection (8), the words “and criminal liability” are repealed.
The Sexual Offences Act 2003 (c.42)
I7973
In section 135 of the Sexual Offences Act 2003 (interpretation: mentally disordered persons), after subsection (2) insert—
2A
In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995.
The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
I5174
In the Criminal Procedure (Amendment) (Scotland) Act 2004 the following provisions are repealed—
a
in section 4 (prohibition on accused conducting case in person in certain cases), subsection (4),
b
section 17 (bail conditions: remote monitoring of restrictions on movements), and
c
in the schedule (further modifications of the 1995 Act), paragraph 55.
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
F275
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Management of Offenders etc. (Scotland) Act 2005 (asp 14)
I8076
In section 10 of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders)—
a
in subsection (1)—
i
in paragraph (c)(i), for “on the ground of insanity” substitute “
by reason of the special defence set out in section 51A of that Act of 1995
”
, and
ii
in paragraph (d), for the words from “section 54(1)” to the end substitute “
section 53F of that Act of 1995 (unfitness for trial) to be unfit for trial;
”
, and
b
in subsection (11)(a), for “to be insane” substitute “
not criminally responsible or unfit for trial
”
.
The Serious Organised Crime and Police Act 2005 (c.15)
I5277
In section 65 of the Serious Organised Crime and Police Act 2005 (restrictions on the use of statements), in subsection (2)(c), for “section 2 of the False Oaths (Scotland) Act 1933 (c.20)” substitute “
section 44(2) of the Criminal Law (Consolidation)
(Scotland) Act 1995 (c.39)
”
.
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
I5378
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.
I5479
In section 7 (liberation on undertaking), in subsection (2), paragraphs (c), (e), (f) and (g) are repealed.
I5580
In section 74 (appointment of stipendiary magistrates), subsection (6) is repealed.
I5681
After section 74 insert—
74AExercise of functions by stipendiary magistrates
1
A stipendiary magistrate may, by reason of holding that office—
a
exercise the same judicial and signing functions as are exercisable by a JP,
b
do so in the same manner as a JP (including by using the title of office of JP).
2
For the purpose of subsection (1)—
a
the acts of a stipendiary magistrate are valid as if the magistrate were a JP,
b
it does not matter if an enactment from which a JP derives authority to act in a specific case does not bear to give equivalent authority to a stipendiary magistrate.
3
However, subsections (1) and (2) are subject to any provision of an enactment which expressly excludes a stipendiary magistrate from acting in a specific case.
4
This section does not limit any other functions of a stipendiary magistrate (in particular, those exercisable in that capacity only).
I5782
In section 76 (signing functions)—
a
in subsection (2), for “signing functions in the same manner as” substitute “
the same signing functions as are exercisable by
”
, and
b
subsection (4) is repealed.
I5883
In the schedule (modification of enactments)—
a
paragraph 3(b) is repealed, and
b
in paragraph 26––
i
the words “(in addition to the provisions amended by paragraphs 7(4) and 16(a))” are repealed, and
ii
sub-paragraph (b) is repealed.
The Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
I8184
In section 32 of the Protection of Vulnerable Groups (Scotland) Act 2007 (relevant offences etc.), in subsection (3)(b)(i), for “on the ground of insanity” substitute “
by reason of the special defence set out in section 51A of the 1995 Act
”
.
The Counter-Terrorism Act 2008 (c.28)
I8285
In section 45 of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements), in subsection (2)(b)—
a
in sub-paragraph (ii), for the words from “on grounds of insanity” to the end substitute “
by reason of the special defence set out in section 51A of that Act (criminal responsibility of persons with mental disorder), or
”
, and
b
in sub-paragraph (iii), for the words from “the Criminal” to “facts)” substitute “
that Act (examination of facts where person unfit for trial)
”
.
The Sexual Offences (Scotland) Act 2009 (asp 9)
I686
In section 55(7) of the Sexual Offences (Scotland) Act 2009 (offences committed outside the United Kingdom), for “proceeded against, indicted” substitute “
prosecuted
”
.
The Coroners and Justice Act 2009 (c.25)
I8387
In section 156 of the Coroners and Justice Act 2009 (exploitation proceeds orders: qualifying offenders)—
a
in subsection (2)—
i
the word “or” immediately following paragraph (b) is repealed, and
ii
after paragraph (b) insert—
ba
has been acquitted by such a court of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or
b
in subsection (3)(a)—
i
the word “or” immediately following sub-paragraph (ii) is repealed, and
ii
after sub-paragraph (ii) insert—
iia
such a court has made, in respect of a foreign offence, a finding equivalent to a finding of the person's acquittal by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or