Criminal Procedure (Scotland) Act 1995

286 Previous convictions: proof in support of substantive charge. S

(1) Without prejudice to section 285(6) to (9) or, as the case may be, section 166 of this Act, where proof of a previous conviction [F1 including a conviction by a court in a member State of the European Union] is competent in support of a substantive charge, any such conviction or an extract of it shall, if—

(a) it purports to relate to the accused and to be signed by the clerk of court having custody of the record containing the conviction; and

(b) a copy of it has been served on the accused not less than 14 days before the [F2 relevant] diet,

be sufficient evidence of the application of the conviction to the accused unless, within seven days of the date of service of the copy on him, he serves notice on the prosecutor that he denies that it applies to him.

[F3 (1A) In subsection (1)(b) above, “the relevant diet” means—

(a) in the case of proceedings in the High Court, the preliminary hearing;

(b) in any other case, the trial diet.]

(2) A copy of a conviction or extract conviction served under subsection (1) above shall be served on the accused in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served the copy together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of the copy.

[F4 (3) The reference in subsection (1)(a) above to “the clerk of court having custody of the record containing the conviction” includes, in relation to a previous conviction by a court in [F5 a] member State of the European Union, a reference to any officer of that court or of that State having such custody.]

Textual Amendments

F1 Words in s. 286(1) inserted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(16)(a) (with reg. 16)

F2 Word in s. 286(1)(b) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 54(a); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)

F3 S. 286(1A) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 54(b); S.S.I. 2004/405, art. 2(1), Sch. 1 (with savings in arts. 3-5)

F4 S. 286(3) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 57(3), 89; S.S.I. 2003/288, art. 2, Sch.

F5 Word in s. 286(3) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(16)(b) (with reg. 16)