- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The accused shall be entitled to see the productions according to the existing law and practice in the office of the sheriff clerk of the district in which the court of the trial diet is situated or, where the trial diet is to be in the High Court in Edinburgh, in the Justiciary Office.
(3)Where a person who has examined a production is adduced to give evidence with regard to it and the production has been lodged [F2, where the case is to be tried in the sheriff court,] at least eight days before the trial diet [F3or, where the case is to be tried in the High Court, at least 14 days before the preliminary hearing,] , it shall not be necessary to prove—
(a)that the production was received by him in the condition in which it was taken possession of by the procurator fiscal or the police and returned by him after his examination of it to the procurator fiscal or the police; or
(b)that the production examined by him is that taken possession of by the procurator fiscal or the police,
unless the accused, [F4where the case is to be tried in the sheriff court,] at least four days before the trial diet [F5or, where the case is to be tried in the High Court, at least seven days before the preliminary hearing,] , gives in accordance with subsection (4) below written notice that he does not admit that the production was received or returned as aforesaid or, as the case may be, that it is that taken possession of as aforesaid.
(4)The notice mentioned in subsection (3) above shall be given—
(a)where [F6the case is to be tried in the High Court] , to the Crown Agent; and
(b)where [F7the case is to be tried in the sheriff court] , to the procurator fiscal.
Textual Amendments
F1S. 68(1) repealed (17.1.2017) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 78(2)(c), 117(2); S.S.I. 2016/426, art. 2, sch. (with art. 3)
F2Words in s. 68(3) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 18(a)(i); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F3Words in s. 68(3) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 18(a)(ii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F4Words in s. 68(3) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 18(a)(iii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F5Words in s. 68(3) inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 18(a)(iv); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F6Words in s. 68(4)(a) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 18(b)(i); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
F7Words in s. 68(4)(b) substituted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 18(b)(ii); S.S.I. 2004/405, art. 2, Sch. 1 (subject to arts. 3-5)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
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.
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.