Criminal Procedure (Scotland) Act 1975

462 Interpretation. U.K.

(1) In this Act, except where the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them—

• “appropriate court” means a court named as such in pursuance of section 183(2) or 384(2) of this Act or of Schedule 5 to this Act in a probation order or in an amendment of any such order made on a change of residence of a probationer;

• [F1 “bail” means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires;]

• “Borstal training” and “detention centre” have the like meanings as in the [F2 Prisons (Scotland) Act 1989];

• “charged” means, in respect of proceedings under Part I of this Act, charged on petition or indictment and, in respect of proceedings under Part II of this Act, charged on complaint;

• “child”, except in sections 18, 62, 171(3), 294, 313 and 368(3) of this Act and Schedule 1 to this Act, has the meaning assigned to that expression by section 30 of the M1 Social Work (Scotland) Act 1968;

• “children’s hearing” has the meaning assigned to it by section 34(1) of the M2 Social Work (Scotland) Act 1968;

• “Clerk of Justiciary” shall include assistant clerk of justiciary and shall extend and apply to any person duly authorised to execute the duties of Clerk of Justiciary or assistant clerk of justiciary;

• “commit for trial” means commit until liberation in due course of law;

• “complaint” includes a copy of the complaint laid before the court;

• “convicted” (except in relation to previous convictions), in respect of proceedings under Part I of this Act, means convicted on indictment, and, in respect of proceedings under Part II of this Act, means summarily convicted; and “conviction” shall be construed accordingly;

• “the court”, in relation to solemn procedure, means a court of solemn criminal jurisdiction and includes the High Court and the sheriff court and, in relation to summary procedure, means a court of summary criminal jurisdiction;

• “court of summary jurisdiction” means a court of summary criminal jurisdiction;

• “court of summary criminal jurisdiction” shall include the sheriff court and district court;

• “crime” means all crime at common law, as well as all crime under any existing or future Acts of Parliament, and includes high crime and offence, felony, crime and offence, offence and misdemeanour, and includes attempt;

• [F3 “diet” includes any continuation of a diet;]

• “enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

• “England” includes Wales;

• “existing” means existing immediately before the commencement of this Act;

• “extract conviction” and “extract of previous conviction” include certified copy conviction, certificate of conviction, and any other document under the hand of the proper officer in use to be issued from any court of justice of the United Kingdom as evidence of a conviction;

• “fine” includes [F4 (a) any pecuniary penalty [F5 (but not a pecuniary forfeiture or pecuniary compensation)], and (b)] an instalment of a fine;

• “guardian”, in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

• “guardianship order” has the meaning assigned to it by section 175(5) or 376(8) of this Act;

• “High Court” and “Court of Justiciary” shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;

• “indictment” shall include any indictment whether in the sheriff court or the High Court framed in the form set out in Schedule A to the M3 Criminal Procedure (Scotland) Act 1887 or in an Act of Adjournal under this Act or as nearly as may be in such form;

• “hospital” means—

(a) any hospital vested in the Secretary of State [F6 or in a National Health Service trust] under the M4 National Health Service (Scotland) Act [F7 1978],

(b) any private hospital registered under [F8 Pt. IV of the M5 Mental Health (Scotland) Act 1984]; and

(c) any State hospital;

• “hospital order” has the meaning assigned to it by section 175(3) or 376(6) of this Act;

• “impose detention” or “impose imprisonment” means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for [F9 contempt of court];

• “judge”, in relation to solemn procedure, means a judge of a court of solemn criminal jurisdiction and, in relation to summary procedure, means any sheriff or any judge of a district court;

• “justice” includes the sheriff and any stipendiary magistrate or justice of the peace;

• “justice of the peace” means any of Her Majesty’s justices of the peace for any commission area in Scotland acting within such commission area;

• “legalised police cells” has the like meaning as in the [F2 Prisons (Scotland) Act 1989];

• “local authority” has the meaning assigned to it by section 1(2) of the M6 Social Work (Scotland) Act 1968;

• “Lord Commissioner of Justiciary” shall include Lord Justice General and Lord Justice Clerk;

• “medical practitioner” means a registered medical practitioner within the meaning of the M7 Medical Act 1956;

• “offence” means any act, attempt or omission punishable by law;

• [F10 “officer of law” includes, in relation to the service and execution of any warrant, citation, petition, indictment, complaint, list of witnesses, order, notice, or other proceeding or document—

  (i)

  any macer, messenger-at-arms, sheriff officer or other person having authority to execute a warrant of the court;

  (ii)

  any constable within the meaning of the M8 Police (Scotland) Act 1967;

  (iii)

  where the person upon whom service or execution is effected is in prison at the time of service on him, any prison officer; and

  (iv)

  any person (or class of persons) authorised in that regard for the time being by the Lord Advocate or by the Secretary of State;]

• “officer of police” includes a chief constable, deputy chief constable, constable and criminal officer;

• “order” means any order, byelaw, rule or regulation having statutory authority;

• . . . F11

• “patient” means a person suffering or appearing to be suffering from mental disorder;

• “place of safety”, in relation to a person not being a child, means any police station, prison or remand centre, or any hospital the board of management of which are willing temporarily to receive him, and in relation to a child means a place of safety within the meaning of section 94(1) of the M9 Social Work (Scotland) Act 1968;

• “prison” does not include a naval, military or air force prison;

• [F12 “probationer” means a person who is under supervision by virtue of a probation order or who was under such supervision at the time of the commission of any relevant offence or failure to comply with such order;]

• “probation order” has the meaning assigned to it by section 183 or 384 of this Act;

• “probation period” means the period for which a probationer is placed under supervision by a probation order;

• “procurator fiscal” shall mean sheriff’s procurator fiscal, and shall include assistant procurator fiscal and procurator fiscal depute and shall extend and apply to any person duly authorised to execute the duties of such procurator fiscal;

• “prosecutor”, in Part I of this Act, includes Crown counsel, procurator fiscal, any other person prosecuting in the public interest and any private prosecutor; and, in Part II of this Act, includes procurator fiscal, district prosecutor, depute district prosecutor, assistant district prosecutor, and any other person prosecuting in the public interest, private prosecutor, and complainer and any person duly authorised to represent or act for any public prosecutor;

• “remand” means an order adjourning the proceedings or continuing the case and giving direction as to detention in custody or liberation during the period of adjournment or continuation and references to remanding a person or remanding in custody or on bail shall be construed accordingly;

• “remand centre” has the like meaning as in the [F2 Prisons (Scotland) Act 1989];

• “reporter” means an officer appointed by a local authority under section 36 of the M10 Social Work (Scotland) Act 1968;

• “residential establishment” has the same meaning as in the M11 Social Work (Scotland) Act 1968;

• “responsible medical officer” has the meaning assigned to it by [F13 section 59 of the M12 Mental Health (Scotland) Act 1984];

• [F14 “restriction order” has the meaning assigned to it by section 178 or 379 of this Act;]

• [F15 “sentence”, whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court.]

• “sheriff” shall include sheriff principal;

• “sheriff clerk” shall include sheriff clerk depute, and shall extend and apply to any person duly authorised to execute the duties of sheriff clerk;

• “sheriff court district” shall extend to the limits within which the sheriff has jurisdiction in criminal matters whether by statute or at common law;

• “State hospital” has the meaning assigned to it in [F16 Part VIII of the M13 Mental Health (Scotland) Act 1984];

• “statute” shall mean any Act of Parliament, public general, local, or private, and any Provisional Order confirmed by Act of Parliament;

• “supervision requirement” has the meaning assigned to it by section 44(1) of the M14 Social Work (Scotland) Act 1968;

• “training school order” has the same meaning as in the M15 Social Work (Scotland) Act 1968;

• “witness” includes haver.

(2) References in this Act to a court do not include references to a court-martial; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a court-martial under the M16 Naval Discipline Act 1957, the M17 Army Act 1955 or the M18 Air Force Act 1955 for a civil offence within the meaning of those Acts.

(3) For the purpose of any provision of Part II of this Act referring to a court acting for any place, a court entitled to exercise jurisdiction in any place shall be deemed to be a court acting for that place.

(4) For the purposes of this Act, except section 183(7) or 384(7) thereof, where a probation order has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought.

(5) Any reference in this Act to a previous sentence of imprisonment shall be construed as including a reference to a previous sentence of penal servitude; any such reference to a previous sentence of Borstal training shall be construed as including a reference to a previous sentence of detention in a Borstal institution.

(6) Any reference in this Act to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.

(7) References in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment, including this Act, upon the imprisonment of offenders of his age.

(8) Without prejudice to the provisions of section 171 or 368 of this Act, where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.

(9) References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

(10) For the purposes of sections 62 and 313 of this Act—

(a) any person who is the parent or legal guardian of a child or who is legally liable to maintain him shall be presumed to have the custody of him, and as between father and mother the father shall not be deemed to have ceased to have the custody of him by reason only that he has deserted, or otherwise does not reside with, the mother and the child;

(b) any person to whose charge a child is committed by any person who has the custody of him shall be presumed to have charge of the child;

(c) any other person having actual possession or control of a child shall be presumed to have the care of him.

(11) References in this Act to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended, extended or applied by or under any other enactment, including this Act.

Textual Amendments

F1 Proviso to s. 124 repealed (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1996 c. 20, s. 117, Sch. 6 Pt. I para. 42, Sch. 7 Pt. I; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F2 S. 231(5) added by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 45(6)(c), 47(4)(a)

F3 Definition inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 76(a)

F4 Words inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 11 para. 10

F5 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 19

F6 Words in s. 231(1) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. II para. 181(3)(a); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F7 S. 228 substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 1, Sch. 6 para. 6

F8 S. 230A inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 42(2); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F9 S. 228(1)(bb)-(bd) inserted (27.7.1993) by 1993 c. 36, s. 68(1)(a)

F10 Words in s. 228(1)(c) added (27.7.1993) by 1993 c. 36, s. 68(1)(b)

F11 Definition of “order restricting discharge” repealed by Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 3

F12 Definition substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 25(b)

F13 S. 231 substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 3, Sch. 6 para. 6

F14 Words inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 45(6)(a), 47(4)(a)

F15 Words in s. 228(1) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 42(1); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F16 Words inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 45(6)(b), 47(4)(a)

Modifications etc. (not altering text)

C1 in s. 462(1), definition of "justice" applied by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 118C(3) (as inserted by Finance Act 1991 (c. 31, SIF 40:1), s. 12, Sch. 5).

C2 S. 462(1) definition of “medical practitioner” amended by Medical Act 1983 (c. 54, SIF 83:1), Sch. 6 para.11(2)

Marginal Citations

M1 1968 c. 49(81:3).

M2 1968 c. 49(81:3).

M3 1887 c. 35(39:1).

M4 1978 c. 29(113:2).

M5 1984 c. 36(85).

M6 1968 c. 49(81:3).

M7 1956 c. 76.

M8 1967 c. 77(95).

M9 1968 c. 49(81:3).

M10 1978 c. 49(39:1).

M11 1968 c. 49(81:3).

M12 1984 c. 36(85).

M13 1984 c. 36(85).

M14 1968 c. 49(81:3).

M15 1968 c. 49(81:3).

M16 1957 c. 53(7:1).

M17 1955 c. 18(7:1).

M18 1955 c. 19(7:1).