Criminal Justice (Scotland) Act 1980

1. Introductory Text

2. PART I Police Powers

   1. 1. Suspect or potential witness may be required by constable to identify himself

   2. 2. Detention and questioning at police station

   3. 3. Right to have someone informed when arrested or detained

   4. 4. Search for offensive weapons

   5. 5. Constable may take drunken person to designated place

3. PART II Procedure and Evidence

   1. Procedure

      1. 6. Judicial examination

      2. 7. Jurisdiction of district courts

      3. 8. Trial on indictment of summary offences

      4. 9. Citation of defence witness for precognition

      5. 10. Identification parades

      6. 11. Discharge and assignation of diets in summary procedure

      7. 12. Abolition of mandatory first diet in solemn procedure

      8. 13. Written notice of evidence incriminating co-accused in solemn procedure

      9. 14. Prevention of delay in trials

      10. 15. Intermediate diet in summary procedure

      11. 16. Procedure where accused desires to plead guilty under solemn procedure

      12. 17. Failure of accused to attend diet in summary procedure

      13. 18. Desertion of trial diet

      14. 19. No case to answer

      15. 20. Correction of entries

      16. 21. Trial may proceed in accused's absence if he misconducts himself

      17. 22. Restrictions on report of proceedings involving person under 16

      18. 23. Peremptory challenge of jurors

      19. 24. Seclusion of jury after retiral

      20. 25. Interpretation of 1975 Act

   2. Evidence

      1. 26. Routine evidence

      2. 27. Parties may examine each other's witnesses etc.

      3. 28. Co-accused competent witness for defence

      4. 29. Spouse to be competent witness

      5. 30. Additional evidence and evidence in replication

      6. 31. Offences in connection with lights, reflectors, obstruction, etc., to be provable by one witness

      7. 32. Evidence by letter of request or on commission

   3. Appeals

      1. 33. Solemn appeals

      2. 34. Summary appeals

      3. 35. Prosecution appeal by bill of advocation

      4. 36. Appeals from decisions on competency and relevancy in summary proceedings

      5. 37. Lord Advocate's reference

   4. Miscellaneous

      1. 38. Summary trial of wilful fire-raising

      2. 39. Procedure and evidence in trials for treason

4. PART III Penalties

   1. 40. Previous conviction deemed to be admitted

   2. 41. Restriction on passing sentence of imprisonment or detention on person not legally represented

   3. 42. Restriction on passing sentence of imprisonment on person not previously so dealt with

   4. 43. Punishment for murder

   5. 44. Detention and release on licence of children convicted on indictment

   6. 45. Detention of young offenders

   7. 46. Increase of certain penalties and other sums

   8. 47. Application to solemn procedure of summary procedure provisions relating to fines

   9. 48. Enforcement of High Court fine by sheriff

   10. 49. Power to remit fines

   11. 50. Maximum period of imprisonment for non-payment of fine in summary proceedings

   12. 51. Execution in different parts of United Kingdom of warrants for imprisonment for non payment of fine

   13. 52. Recovery of fine or caution by civil diligence

   14. 53. Availability of probation after deferred sentence

   15. 54. Dealing with person who commits further offence while sentence is deferred

   16. 55. Disqualification and endorsement where orders for probation or for absolute discharge are made

   17. 56. Penalties for drunkenness

   18. 57. Penalty for second conviction of assault on constable

5. PART IV Compensation by Offenders

   1. 58. Compensation order against convicted person

   2. 59. Amount of compensation order

   3. 60. Payment under compensation order

   4. 61. Guidance as to whether compensation order or fine should be preferred

   5. 62. Precedence of compensation order over fine

   6. 63. Appeal as regards compensation order

   7. 64. Review of compensation order

   8. 65. Acts of adjournal

   9. 66. Application of provisions relating to fines to enforcement of compensation orders

   10. 67. Effect of compensation order on subsequent award of damages in civil proceedings

6. PART V Sporting Events : Control of Alcohol Etc

   1. 68. Designation of sports grounds and sporting events

   2. 69. Alcohol on vehicle travelling to or from sporting event

   3. 70. Liability of vehicle operator and his employees and agents

   4. 71. Defences in connection with carriage of alcohol

   5. 72. Possession of container at sporting event

   6. 73. Possession of alcohol at sporting event

   7. 74. Drunkenness at sporting event

   8. 75. Police powers of enforcement

   9. 76. Presumption as to contents of container

   10. 77. Interpretation of Part V

7. PART VI Miscellaneous and General

   1. 78. Vandalism

   2. 79. Grants in respect of hostel accommodation for persons under supervision

   3. 80. Homosexual offences

   4. 81. Interpretation etc.

   5. 82. Financial provisions

   6. 83. Transitional provisions, consequential amendments and repeals

   7. 84. Short title, commencement and extent

8. SCHEDULES

   1. SCHEDULE 1

      Certificates as to proof of certain routine matters

   2. SCHEDULE 2

      Solemn Appeals

   3. SCHEDULE 3

      Summary Appeals

   4. SCHEDULE 4

      Abolition of Mandatory First Diet

   5. SCHEDULE 5

      Young Offenders

   6. SCHEDULE 6

      Transitional Provisions

      1. 1. A provision contained in any of sections 6, 12 to...

      2. 2. A provision contained in any of sections 18(2), 19, 21,...

      3. 3. A provision contained in any of sections 47, 48, 50...

      4. 4. A provision contained in any of sections 46(1)(a), (c) and...

      5. 5. A person serving a sentence of borstal training on the...

      6. 6. Sections 33, 35 and 37 of, and Schedule 2 to,...

      7. 7. Section 34 of, and Schedule 3 to, this Act shall...

      8. 8. A provision contained in paragraph 24 of Schedule 7 to...

      9. 9. In the application of section 66 of this Act to...

      10. 10. In the application of section 38A of the Criminal Law...

   7. SCHEDULE 7

      Minor and Consequential Amendments

      1. The Prisons (Scotland) Act 1952 (c.61)

         1. 1. In section 14 (legalised police cells), after subsection (7), there...

         2. 2. In section 28(2) (discontinuance of prison) for the words "...

         3. 3. In section 31 (remand centres, etc.)— (a) in subsection (1)—...

         4. 4. In section 34 (temporary detention) for the words " Borstal...

         5. 5. In section 35 (rules for the management of prisons and...

         6. 6. In section 37 (persons unlawfully at large)—

      2. The Criminal Justice Act 1961 (c. 39)

         1. 7. In section 26 (transfer to serve sentence)—

         2. 8. In section 29(1) (removal for judicial purposes) after the words...

         3. 9. In section 30(3) (prisoners unlawfully at large) after the words...

         4. 10. In section 32(2) (extension throughout the United Kingdom of certain...

         5. 11. In section 38 (construction of references to sentence of imprisonment)—...

         6. 12. In section 39(1) (interpretation)— (a) in paragraph (a) of the...

      3. The Criminal Justice (Scotland) Act 1963 (c. 39)

         1. 13. In section 9(4)(a) (transfer between institutions), after the words "...

         2. 14. In section 50(2) (general provision as to orders), for the...

         3. 15. In section 51 (interpretation)— (a) in subsection (2), for the...

      4. The Legal Aid (Scotland) Act 1967 (c.43)

         1. 16. In section 1 (scope and general conditions of legal aid),...

      5. The Criminal Justice Act 1967 (c.80)

         1. 17. In section 60(8X6) (release on licence), for the words "in...

         2. 18. In section 61 (release on licence of persons sentenced to...

         3. 19. In section 62 (revocation of licences, etc.)—

         4. 20. In section 64(2)(a) (conditions in licences of persons transferred from...

      6. The Social Work (Scotland) Act 1968 (c.49)

         1. 21. In section 42 (conduct of children's hearing and application to...

      7. The Road Traffic Act 1972 (c.20)

         1. 22. In section 10(4) (evidence by certificate)— (a) after the word...

         2. 23. In section 94(3), for the word " conviction " there...

      8. The Rehabilitation of Offenders Act 1974 (c. 53)

         1. 24. In section 5 (rehabilitation periods for particular sentences)—

      9. The Criminal Procedure (Scotland) Act 1975 (c.21)

         1. 25. In section 19(1) (prisoners before examination to have access to...

         2. 26. At the end of section 28 (admission or refusal of...

         3. 27. In section 71 (manner of service of indictment, etc.), for...

         4. 28. In section 81 (examination by prosecutor of witnesses not included...

         5. 29. In section 98 (jurors to be cited by registered letter...

         6. 30. In section 100(2) (rules of court in relation to jurors)...

         7. 31. After section 111 there shall be inserted the following section—...

         8. 32. In the proviso to section 113(4) (judges in High Court),...

         9. 33. In section 141(1) (accused and spouse competent witnesses for defence),...

         10. 34. In section 168 (power of court, m respect of certain...

         11. 35. In section 173(3) (reference and remit of children's cases by...

         12. 36. In section 179 (power of court, in solemn proceedings, to...

         13. 37. In section 193A (fines on conviction on indictment to be...

         14. 38. In section 212 (recall to young offenders institution on reconviction),...

         15. 39. For section 215 (legal custody) there shall be substituted the...

         16. 40. In section 218 (consideration of time spent in custody), the...

         17. 41. In section 241 (notice to authorities, etc. of date of...

         18. 42. In section 242 (notice to Prison Commissioners of attendance of...

         19. 43. In section 243 (warders to attend court), for the words...

         20. 44. In section 251(5) (appeal against refusal of application), for the...

         21. 45. In section 261 (notice of determination of appeal), for the...

         22. 46. In section 268(4) (reckoning of time spent pending appeal) for...

         23. 47. In section 282 (Acts of Adjournal), the existing words shall...

         24. 48. In section 283(1) (application of Part II of this Act)—...

         25. 49. In section 283A(1) (offences which are to become triable only...

         26. 50. In section 289D (power to alter sums specified in certain...

         27. 51. At the end of section 298 (all offences to be...

         28. 52. In section 305 (intimation to solicitor)— (a) for the word...

         29. 53. In section 310 (incidental applications), after the words "prior to"...

         30. 54. In section 334 (procedure at first diet, etc.)—

         31. 55. In section 344(4)(a) (failure of witness to attend for precognition)...

         32. 56. In section 346(1) (accused and spouse competent witnesses for defence),...

         33. 57. In section 364 (power of court, in respect of certain...

         34. 58. In section 370 (child charged jointly with person who is...

         35. 59. In section 380 (power of court, in summary proceedings, to...

         36. 60. In section 395(2) (provisions as to fines), for the words...

         37. 61. In section 398(1) (restriction on imprisonment after fine or caution),...

         38. 62. In section 399 (payment of fine by instalments)—

         39. 63. At the end of section 401 (supplementary provisions as to...

         40. 64. In section 407(3) (period of imprisonment for non-payment of fine)...

         41. 65. In section 409(1) (payment of fine in part by prisoner),...

         42. 66. In section 411(1) (recovery by civil diligence), for die words...

         43. 67. In section 421(1) (recall to young offenders institution on reconviction)—...

         44. 68. In section 424 (detention in precincts of court), after the...

         45. 69. For section 426 (legal custody) there shall be substituted the...

         46. 70. In section 431 (consideration of time spent in custody), the...

         47. 71. For section 436 (forfeiture of implements) there shall be substituted...

         48. 72. In section 457 (Acts of Adjournal), at the end there...

         49. 73. In section 458 (construction of enactments referring to sentence of...

         50. 74. In section 459 (construction of enactments referring to detention) for...

         51. 75. In section 460 (transitional provisions and savings) subsection (6), which...

         52. 76. In section 462(1) (interpretation)— (a) at the appropriate place there...

         53. 77. In section 463 (extent) after subsection (1) there shall be...

         54. 78. In Schedule 3 (composition of juries)— (a) in paragraph 2—...

      10. The Criminal Law Act 1977 (c. 45)

          1. 79. In section 39(3) (service of summonses and citations throughout the...

   8. SCHEDULE 8

      Repeals