Criminal Procedure (Scotland) Act 1975
Part I Solemn Procedure
Jurisdiction
1 Application of Part I of this Act.
2 Jurisdiction and powers of courts of solemn jurisdiction.
3 Jurisdiction of sheriff.
4 Boundaries of jurisdiction.
5 Procedure in case of crime in different districts.
6 Jurisdiction and procedure in respect of certain indictable offences committed abroad.
7 Theft outside Scotland.
8 Trial of certain crimes and offences in sheriff court.
9 Instructions by Lord Advocate as to reporting offences.
10 Intimation of proceedings in High Court to Lord Advocate.
11 Procedure after intimation.
Procedure prior to Trial
Arrest, Judicial Examination, Custody, Bail, Etc.
12 Petitions for Warrants.
13 Warrants for arrest of escaped prisoners and mental patients.
14 Warrant to search for or remove a child.
15 Sheriff’s warrant may be executed out of district.
15A Warrants for search and apprehension to be signed by judge.
16 Backing of certain warrants from the Isle of Man.
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Power of constable to take offenders into custody.
19 Prisoners before examination to have access to solicitor.
20 Accused at examination need not emit a declaration.
20A Accused at examination may be questioned by prosecutor.
20B Record to be made of proceedings at examination.
21 Examination of accused on charges arising in different districts.
22 Committal until liberation in due course of law.
23 Remand and committal of persons under 21.
24 Committal of children to custody in place of safety.
25 Power of court to commit to hospital a person suffering from mental disorder.
26 Bail competent before committal.
27 Renewal of application for bail after committal.
28 Admission or refusal of bail after committal.
28A No bail for persons charged with or convicted of homicide or rape after previous conviction of such offences.
29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Application for review of court’s decision on bail and caution.
30A Application by prosecutor for review of court’s decision to grant bail.
31 Appeal in respect of bail.
32 No fees exigible against accused in respect of application for bail.
33 Liberation of applicant when appeal by public prosecutor.
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Right of Lord Advocate and High Court to admit a person to bail.
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Power to order parent to give security for child’s good behaviour.
38 Separation of children from adults at courts, etc.
39 Attendance at court of parent of child charged with an offence, etc.
40 Notice to local authority of charge against a child.
The Indictment
41 Indictment forms.
42 Procedure on resignation, death or removal of Lord Advocate.
43 Naming of accused.
44 Nomen juris unnecessary.
45 Case of two or more persons charged.
46“Guilty, actor or art and part” unnecessary.
47“All which or part” implied.
48 Qualifying words to be implied.
48A Common law and statutory offences in same indictment.
48B Description of offence in words of statute or order.
49 Quotation of statutes unnecessary.
50 Latitude as to time and place.
51 Latitude as to quantities, persons, things or modes.
52 Description of buildings, goods, money or other property.
53 Description of persons, goods, etc.
54“Money” to include coin, bank notes and post office orders.
55 Setting forth documents unnecessary.
56 Declarations, etc., not averred.
57 Indictments, etc., written or printed or partly so.
58 Authentication of alterations to indictment, etc.
59 Reset.
60 Robbery, etc. to include reset, and theft to include breach of trust, etc.
60A Proceedings under the Merchant Shipping Acts.
61 Procedure where more than one crime charged.
62 Mode of charging certain offences committed against two or more children under 17.
63 Attempt at crime.
64 Statutory offences which are offences at common law.
65 Superfluous particulars as to identity.
66 Proof of exceptions, qualifications, etc.
67 Offence committed in special capacity.
Notice of previous convictions
68 Notice of previous convictions.
Citation of Accused, Witnesses and Jurors
69 Warrants for citation.
70 Service of indictment and list of witnesses.
71 Manner of service of indictment, etc.
72 Officers may cite jurors and witnesses, without witnesses and oath of officer sufficient evidence of citation.
73 Execution of citation of indictment.
74 Proceedings against bodies corporate.
Fixing the Diets
75 Notice of trial diet.
75A First diet.
76 Preliminary diet.
76A Appeal in connection with preliminary diet.
77 Alteration of trial diet.
77A Application for postponement of trial diet.
Lodging of List of Witnesses, Productions, Special Defence, Etc.
78 Record copy of indictment and list of witnesses.
79 Description of witnesses.
80 Objection to witness.
81 Examination by prosecutor of witnesses, etc., not included in lists lodged.
82 Written notice of special defence and examination of witnesses and productions not included in lists lodged.
82A Parties may examine each other’s witnesses etc.
83 Accused entitled to see productions.
84 Proof as to productions.
84A Agreement of evidence.
Preparation of Jury List, etc.
85 Forty-five jurors to be returned for trials.
86 Jurors for High Court at Edinburgh.
87, 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Jurors in inferior courts.
90 Order in which names of jurors are to be taken.
91 Names of jurors dying or becoming disqualified to be passed over in making returns of jurors.
92 Jurors as returned to serve on trials.
93 Names of jurors to be inserted in one roll.
94 One list of assize sufficient for all trials at the same diet in High Court.
95 No irregularity in lists, etc., to be an objection to jurors.
96 Note of jury list.
97 Sufficient jurors only to be summoned.
98 Jurors to be cited by registered letter or recorded delivery.
99 Fining of jurors for non-attendance.
100 No exemptions by sex or marriage from liability to serve as juror.
Delay in trial
101 Prevention of delay in trials.
Accelerated Trial
102 Procedure where accused desires to plead guilty.
First Diet
103 Pleas of guilty.
104 Remit to High Court for sentence.
105—107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 Certain objections competent only at first diet.
109 Interlocutor of relevancy unnecessary.
110 Where sentence delayed, original warrant of commitment stands.
111 Postponement on old warrant where diet deserted.
111A Computation of period.
Sittings of High Court
112 Place of High Court Sittings.
113 Judges in High Court.
114 Fixing of High Court sittings.
114A Transfer of sheriff court solemn proceedings.
115—119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedure at Trial
121, 122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
123 Amendment of indictment.
124 On plea of guilty, jury to be dispensed with and sentence pronounced.
125 On plea of not guilty, jury to be balloted and sworn.
126 On plea of not guilty, the indictment need not be read over.
127 Procedure where trial does not take place.
128 Provision for death or illness of judge.
129 Jury to be chosen by ballot in open court.
130 Challenges and objections to jurors.
131 Juror without citation not to be objected to.
132 Jurors chosen for one trial may continue to serve.
133 Jurors may be excused.
134 Provision for death or illness of jurors.
135 Clerk to state charge, and swear jury.
136 Trial to be continuous.
137 Seclusion of jury.
137A Verdict by judge alone.
138 Witnesses not to be excluded by reason of conviction, interest, etc.
139 Witnesses admissible notwithstanding relationship to parties.
139A Power to permit witness to be in court during trial.
140 Presence in court not to disqualify witnesses in certain cases.
140A No case to answer.
141 Accused and spouse competent witnesses for defence.
141ZA Evidence of criminal record and character of accused.
141A Evidence in relation to sexual offences.
141B Exceptions to prohibition.
142 Evidence of accused.
143 Spouse to be competent witness.
144 Notice of spouse as witness.
145 Trial in open court.
146 Sheriff’s notes of evidence.
147 Witness may be examined, etc., as to having previously made a different statement.
148 Examination of witness.
148A Recall of witnesses.
149 Additional evidence.
149A Evidence in replication.
150 Admissions and agreements as to evidence.
151 Record of proceedings at examination to be received in evidence without being sworn to by witnesses.
152 Defence to speak last.
153 Seclusion of jury, etc., after retiral.
154 Oral verdicts to be returned by juries.
155 Verdicts may be returned by juries without retiring.
155A Taking of other proceedings while jury out.
156 Interruption of trial for verdict in earlier trial.
157 Interruption of trial for plea or sentence in another cause.
158 No proceeding under section 156 or 157 of this Act to be deemed an irregularity.
159 Previous convictions.
160 Laying of previous convictions before jury.
161 Laying of previous convictions before judge.
162 Extract convictions to be received and manner of proof.
163 Extract conviction to be issued by clerk having record copy of indictment.
164 Proof of previous convictions by fingerprints.
Procedure at trial involving children
165 Child under 14 not to be in court during trial of another person.
166 Power to clear court while child is giving evidence in certain cases.
167 Power to proceed with case in absence of person under 17.
168 Power of court, in respect of certain offences against a child, to refer child to reporter.
169 Restrictions on report of proceedings involving person under 16.
170 Age of criminal responsibility.
171 Presumption and determination of age of child.
172 Welfare of child.
173 Reference and remit of children’s cases by courts to children’s hearings.
Procedure at trial of persons suffering from mental disorder
174 Insanity in bar of trial or as the ground of acquittal.
174ZA Examination of facts.
174ZB Examination of facts: supplementary provisions.
174ZC Disposal of case where accused found to be insane.
174ZD Appeal by accused in case involving insanity.
174ZE Appeal by Lord Advocate in case involving insanity.
174A Interim hospital orders.
175 Power of court to order hospital admission or guardianship.
176 Requirements as to medical evidence.
177 Supplementary provisions as to hospital orders.
178 Power of court to restrict discharge from hospital.
Conviction and Sentence
Adjournment and remand
179 Power of court to adjourn a case before sentence.
179A Offence committed by person under supervision etc.: provision of local authority report.
180 Remand for inquiry into physical or mental condition.
Admonition and discharge
181 Admonition.
182 Absolute discharge.
Caution
182A Caution.
Probation
183 Probation.
184 Probation orders requiring treatment for mental condition.
185 Discharge and amendment of probation orders.
186 Failure to comply with requirement of probation order.
187 Commission of further offence.
188 Probation orders relating to persons residing in England.
189 Further provisions as to probation orders.
190 Supplementary provisions as to probation.
191 Effects of probation and absolute discharge.
192 Probation reports.
Penalties for statutory offences
193 Power to mitigate penalties.
193A Fines on conviction on indicment to be without limit.
193B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fines
194 Application of summary procedure provisions relating to fines.
195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
196 Fines, etc., may be enforced in other district.
197—202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
203 Fines payable to H.M. Exchequer.
204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Imprisonment, etc.
205 Punishment for murder.
205A Recommendation as to minimum period of detention for person convicted of murder.
206 Detention of children convicted on indictment.
206A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
207 Detention of young offenders.
208–211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
212 Recall to young offenders institution on re-conviction.
212A Supervised release orders.
213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
214 Return to prison in case of breach of supervision.
215 Legal custody.
Miscellaneous provisions as to conviction, sentence, etc.
216 Art and part guilt of statutory offence.
217 Form of sentence.
217A Sentence following guilty plea.
218 Consideration of time spent in custody.
219 Deferred sentence.
220 Capital sentence not competent under this Act.
221 No penal servitude or hard labour.
222 No fees exigible.
223 Forfeiture of property.
223A Disqualification in Scotland where vehicle used to commit offence.
224 Warrant of search for forfeited articles.
225 Interlocutors to be signed by clerk.
226 Record copies to be inserted in books of adjournal of High Court.
227 Indictment to be inserted in record book in sheriff court.
227A Correction of entries.
Appeal
Procedure prior to hearing
228 Right of appeal.
228A Appeal by Lord Advocate against sentence in solemn proceedings.
229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
230 Bill of suspension not competent.
230A Leave to appeal.
231 Intimation of intention to appeal.
232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
233 Note of appeal.
234 Presentation of appeal in writing.
235 Applications may be made orally or in writing.
236 Proceedings in sheriff court to be furnished.
236A Judge’s report.
236B Computation of periods.
236C Signing of documents.
237 Note of Proceedings.
238 Admission of appellant to bail.
239 Clerk to give notice of date of hearing.
240 Appellant may be present at hearing.
241 Notice to authorities, etc., of date of hearing.
242 Notice to Prison Commissionersof attendance of appellant at hearing.
242ASpecial provision where appellant is Lord Advocate.
243 Warders to attend court.
244 Abandonment of appeal.
Procedure at hearing
245 Quorum and sitting of High Court.
246 Sittings to be arranged by Lord Justice General.
247 Powers which may be exercised by a single judge.
248 Single judge may act wherever convenient.
249 Interlocutory proceedings.
250 Representation before single judge.
251 Appeal against refusal of application.
252 Powers of High Court.
253 Evidence in court or on commission.
254 Disposal of appeals.
254A Sentencing guidelines.
254B Convictions not to be quashed on certain grounds.
255 Supplementary provisions where High Court authorises new prosecution.
256 Frivolous appeals.
257 Failure to appear at hearing.
258 Appellant may be sentenced in absence.
259 Continuation of hearing.
260 Notice of decision of court on application.
261 Notice of determination of appeal.
262 Finality of proceedings.
Further provisions as to appeals
263 Prerogative of mercy.
263A Lord Advocate’s reference.
264 Disqualification, forfeiture, etc.
265 Fines and caution.
266 Expenses.
267 No fees exigible.
268 Reckoning of time spent pending appeal.
269 Extract convictions.
270 Custody of trial documents, etc.
271 Clerk of Justiciary to furnish forms, etc.
272 Note to be kept of appeal.
273 Register of appeals.
274 Shorthand notes of trial.
275 Certification of shorthand notes, etc.
276 Declaration administered to shorthand writer.
277 Non-compliance with certain provisions may be waived.
278 Forms of procedure may be varied.
279 Interpretation of sections 228 to 278 of this Act.
280 Appeals against hospital orders, etc.
280A Prosecution appeal by bill of advocation.
Miscellaneous
281 High Court proceedings final.
282 Acts of Adjournal.
282A Right of audience of solicitor before the High Court.
282B Further provision as to rights of audience.
Part II Summary Procedure
Jurisdiction
283 Application of Part II of this Act.
283A Offences which are to become triable only summarily.
284 Jurisdiction of inferior courts.
285 Certain crimes not to be tried in inferior courts.
286 Remit to higher court or other jurisdiction.
287 Boundaries of jurisdiction.
288 Jurisdiction of sheriff.
289 Summary powers of sheriff.
289A Amendments relating to penalties (and mode of trial) for offences made triable only summarily.
289B Penalties on summary conviction for offences triable either summarily or on indictment.
289C Increase of fines for certain summary offences.
289D Power to alter sums specified in certain provisions.
289E Penalties for first and subsequent convictions of summary offences to be the same.
289F Increase of fines for certain summary offences.
289G The standard scale: amendment of enactments.
289GA Statutory maximum as penalty in respect of summary conviction for offences in subordinate instruments.
289GB Exceptionally high maximum fines.
289GC Fines under secondary subordinate instruments–Scotland.
289GD Fines on summary conviction for offences under subordinate instruments– conversion to references to levels on scale.
289H Schedule 7D.
290 When six months’ imprisonment competent.
291 Trial of certain offences.
292 Theft outside Scotland.
293 Instructions by Lord Advocate as to reporting offences.
Procedure prior to trial
294 Power of constable to take offenders into custody.
295 Interim liberation by officer in charge of police station.
296 Police liberation or detention of children arrested.
297 Committal of children to custody in place of safety.
298 All offences to be bailable.
299 Application for review of court’s decision on bail and caution.
299A Application by prosecutor for review of court’s decision to grant bail.
300 Appeal in respect of bail.
301, 302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
303 Caution and bail.
304 Power to order parents to give security for child’s good behaviour.
305 Intimation to solicitor.
306 Separation of children from adults at courts, etc.
307 Attendance at court of parent of child charged with an offence, etc.
308 Notice to local authority of charge against a child.
309 Forms of procedure.
310 Incidental applications.
310A Abolition of private summary prosecutions.
311 Complaint.
312 Form of the charge in complaint.
313 Mode of charging certain offences committed against two or more children under 17.
314 Orders of court on complaint.
315 Citation.
316 Manner of citation.
317 Citation of probationer.
318 Citation of offender.
319 Citation by post.
320 Apprehension of witness.
321 Warrants of apprehension and search.
322 Warrants for arrest of escaped prisoners and mental patients.
323 Warrant to search for or remove a child.
324 Backing of certain warrants from the Isle of Man.
325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
326 Service of complaints, etc.
327 Sheriff’s warrant may be executed out of district.
328 Adjournment for inquiry, etc.
329 Remand and committal of persons under 21.
330 Power of court to commit to hospital a person suffering from mental disorder.
331 Statutory offences time-limit.
331A Prevention of delay in trials.
331B Death, illness or absence of judge.
332 Power to recover penalties.
333 Offences by companies, etc.
333AAdjournment for inquiry at first calling.
333B Agreement of evidence.
Trial Procedure
334 Procedure at first diet, etc.
335 Amendment of complaint.
336 Plea of guilty.
337 Plea of not guilty.
337A Intermediate diet.
337B Removal of accused from court.
338 Failure of accused to appear.
338A Desertion of trial diet.
339 Alibi.
340 Examination of witness.
341 Witnesses not to be excluded by reason of conviction, interest, etc.
342 Witnesses admissible notwithstanding relationship to parties.
342A Power to permit witness to be in court during trial.
343 Presence in court not to disqualify witnesses in certain cases.
344 Punishment of witness for contempt.
345 Administration of oath to same witness in case at same diet.
345A No case to answer.
346 Accused and spouse competent witnesses for defence.
346A Evidence in relation to sexual offences.
346ZA Evidence of criminal record and character of accused.
346B Exceptions to prohibition.
347 Evidence of accused.
348 Spouse to be competent witness.
349 Witness may be examined etc., as to having previously made a different statement.
349A Recall of witnesses.
350 Additional evidence.
350A Evidence in replication.
351 Defence to speak last.
352 Record of proceedings at examination to be received in evidence without being sworn to by witnesses.
353 Proof of official documents.
354 Admissions by parties.
355 Judges equally divided.
356 Previous convictions.
357 Laying of previous convictions before court.
358 Proof of previous convictions by fingerprints.
359 Record.
360 Proceedings written or printed.
Interruption of proceedings
360A Interruption of summary proceedings for verdict in earlier trial.
Procedure at trial involving children
361 Child under 14 not to be in court during trial of another person.
362 Power to clear court while child is giving evidence in certain cases.
363 Power to proceed with case in absence of person under 17.
364 Power of court, in respect of certain offences against a child, to refer child to reporter.
365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
366 Procedure when sheriff sits summarily in respect of offence by child.
367 Powers of sheriff sitting summarily.
368 Presumption and determination of age of child.
369 Age of criminal responsibility.
370 Child charged jointly with person who is not a child.
371 Welfare of child.
372 Reference and remit of children’s cases by courts to children’s hearings.
373 Reference and remit of cases of certain young persons by courts to children’s hearings.
374 Restrictions on report of proceedings involving person under 16.
Procedure at Trial of Persons suffering from Mental Disorder
375 Insanity in bar of trial.
375ZA Examination of facts.
375ZB Examination of facts: supplementary provisions.
375ZC Disposal of case where accused found to be insane.
375ZD Appeal by accused in case involving insanity.
375ZE Appeal by prosecutor in case involving insanity.
375A Interim hospital orders.
376 Power of court to order hospital admission or guardianship.
377 Requirements as to medical evidence.
378 Supplementary provisions as to hospital orders.
379 Power of court to restrict discharge from hospital.
Conviction and Sentence
Adjournment and remand
380 Power of court to adjourn case before sentence.
380A Offence committed by person under supervision etc.: provision of local authority report.
381 Remand for inquiry into physical or mental condition.
Admonition and discharge
382 Admonition.
383 Absolute discharge.
Probation
384 Probation.
385 Probation orders requiring treatment for mental condition.
386 Discharge and amendment of probation orders.
387 Failure to comply with requirement of probation order.
388 Commission of further offence.
389 Probation orders relating to persons residing in England.
390 Further provisions as to probation orders.
391 Supplementary provisions as to probation.
392 Effects of probation and absolute discharge.
393 Probation reports.
Penalties for Statutory Offences
394 Power to mitigate penalties.
Fines
395 Provisions as to fines.
395A Power to remit fines.
396 Time for payment.
397 Application for further time for payment of fine.
398 Restriction on imprisonment after fine or caution.
399 Payment by instalments.
400 Supervision pending payment of fine.
401 Supplementary provisions as to payment of fine.
402 Fines, etc., may be enforced in other district.
403 Transfer of fine orders.
404 Action of clerk of court on transfer of fine orders.
405. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
406 Substitution of custody for imprisonment where a child defaults on fine.
407 Period of imprisonment for non-payment of fine.
408 Discharge from imprisonment to be specified.
409 Payment of fine in part by prisoner.
410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
411 Recovery by civil diligence.
412 Payment of fines to be made to clerk of court.
Supervised attendance orders
412A Supervised attendance orders in place of fines for 16 and 17 year olds.
412B Supervised attendance orders where court allows further time to pay fine.
Residential and Borstal Training
413 Detention of children.
414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
415 Detention of young offenders.
416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
419, 420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
421 Recall to young offenders institution on re-conviction.
422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
423 Return to prison in case of breach of supervision.
424 Detention in precincts of court.
425 No imprisonment for less than five days.
426 Legal custody.
Miscellaneous provisions as to conviction, sentence, etc.
427 Conviction of part only of charge.
428 Art and part guilt of statutory offence.
429“Conviction” and “sentence” not to be used in relation to a child.
430 Forms of finding and sentence.
430A Sentence following guilty plea.
431 Consideration of time spent in custody.
432 Deferred sentence.
433 Sentence in open court.
434 Further provision as to sentence.
435 Expenses.
436 Forfeiture of property.
436A Disqualification in Scotland where vehicle used to commit offence.
437 Warrant of search for forfeited articles.
438 Register of children found guilty of offences.
439 Correction of entries.
439A Amendment of records of conviction and sentence in summary proceedings.
440 Extract sufficient warrant for imprisonment.
441 Provision for court comprising more than one judge.
Review
442 Right of appeal.
442ZA Leave to appeal against conviction etc.
442A Method of appeal against conviction or conviction and sentence.
442B Method of appeal against sentence alone.
443 Appeals against hospital orders, etc.
443A Suspension of disqualification, forfeiture, etc.
444 Manner and time of appeal.
445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
446 Procedure where appellant in custody.
447 Draft stated case to be prepared.
448 Adjustment and signature of case.
449 Abandonment of appeal.
450 Record of procedure in appeal.
451 Computation of time.
451A Quorum of High Court in relation to appeals.
452 Hearing of appeal.
452A Disposal of stated case appeal.
452B Supplementary provisions where High Court authorises new prosecution.
453 Consent by prosecutor to set aside conviction.
453A Appeal by bill of suspension or advocation on ground of miscarriage of justice.
453AA Leave to appeal against sentence.
453B Appeals against sentence only.
453C Disposal of appeal by note of appeal.
453D Disposal of appeal where appellant insane.
453E Failure of appellant who has been granted bail to appear personally.
454 Convictions not to be quashed on certain grounds.
455 Other modes of appeal.
455A Sentencing guidelines.
Miscellaneous
456 Actions of damages in respect of proceedings under this Part of this Act.
457 Acts of Adjournal.
Part III General
457ZA Acts of Adjournal.
457A Mode of trial of certain offences.
458 Construction of enactments referring to sentence of detention.
459 Construction of enactments referring to detention.
460 Transitional provisions and savings.
461 Consequential amendments, repeals and revocations.
462 Interpretation.
463 Extent.
464 Short title and commencement.
SCHEDULES
SCHEDULE 1Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
. . . . . . . . . ....
SCHEDULE 2
SCHEDULE 3Composition of Juries
Summoning of Jurors.—Lists of Assize
1. . . . . . . . . ....
Jury of Men only, or of Women only
2. . . . . . . . . ....
3. . . . . . . . . ....
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . ....
Summoning of Jurors.—Citation
6. . . . . . . . . ....
Selection of Jurors from the Panel
7. . . . . . . . . ....
Exemptions
8. . . . . . . . . ....
9. . . . . . . . . ....
10. . . . . . . . . ....
SCHEDULE 4
SCHEDULE 5Discharge and Amendment of Probation Orders
Discharge
1. . . . . . . . . ....
Amendment
2. . . . . . . . . ....
3. . . . . . . . . ....
4. . . . . . . . . ....
General
5. . . . . . . . . ....
6. . . . . . . . . ....
Schedule 5ASupervision and Treatment Orders
Part IPreliminary
1. . . . . . . . . ....
Part IIMaking and Effect of Orders
Circumstances in which orders may be made
2. . . . . . . . . ....
Making of orders and general requirements
3. . . . . . . . . ....
Obligatory requirements as to medical treatment
4. . . . . . . . . ....
Optional requirements as to residence
5. . . . . . . . . ....
Part IIIRevocation and Amendment of Orders
Revocation of order in interests of health or welfare
6. . . . . . . . . ....
Amendment of order by reason of change of residence
7. . . . . . . . . ....
Amendment of requirements of order
8. . . . . . . . . ....
Amendment of requirements in pursuance of medical report
9. . . . . . . . . ....
Supplemental
10. . . . . . . . . ....
11. . . . . . . . . ....
12. . . . . . . . . ....
SCHEDULE 6Fines on Indictment—Payment by Instalments
1. . . . . . . . . ....
2. . . . . . . . . ....
3. . . . . . . . . ....
4. . . . . . . . . ....
SCHEDULE 7Application of Sums Paid as Part of Fine Under Section 409 of this Act
SCHEDULE 7AOffences Made Triable Only Summarily, and Related Amendments
SCHEDULE 7BAlteration of Penalties on Summary Conviction of Certain Offences
1. . . . . . . . . ....
2. . . . . . . . . ....
SCHEDULE 7CIncrease of fines for certain summary offences
SCHEDULE 7DFines to be Altered other than in Accordance with Sections 289E and 289F
SCHEDULE 8Provisions of this Act referred to in section 460(8) of this Act
SCHEDULE 9Amendment of Other Enactments
The Jurors (Scotland) Act 1825 (1825 c. 22)
1. . . . . . . . . ....
2. . . . . . . . . ....
3. . . . . . . . . ....
4. . . . . . . . . ....
The Criminal Law (Scotland) Act 1830 (1830 c. 37)
5. . . . . . . . . ....
6. . . . . . . . . ....
The Children and Young Persons (Scotland) Act 1937 (1937 c. 37.)
7. . . . . . . . . ....
8. . . . . . . . . ....
9. . . . . . . . . ....
10. . . . . . . . . ....
11. . . . . . . . . ....
12. . . . . . . . . ....
The Law Officers Act 1944 (1944 c. 25.)
13. . . . . . . . . ....
The Criminal Justice (Scotland) Act 1949 (1949 c. 94.)
14. . . . . . . . . ....
15. . . . . . . . . ....
16. . . . . . . . . ....
17—29. . . . . . . . . ....
The Criminal Justice Act 1961 (1961 c. 39.)
30In section 32(2), after paragraph (h) there shall be inserted...
The Criminal Justice (Scotland) Act 1963 (1963 c. 39)
31—35. . . . . . . . . ....
36. . . . . . . . . ....
37. . . . . . . . . ....
38. . . . . . . . . ....
39. . . . . . . . . ....
40. . . . . . . . . ....
41. . . . . . . . . ....
The Social Work (Scotland) Act 1968 (1968 c. 49)
42. . . . . . . . . ....
43. . . . . . . . . ....
44. . . . . . . . . ....
The Children and Young Persons Act 1969 (1969 c. 54)
45In Schedule 5, in paragraph 53, for the words “The...
46In Schedule 5, in paragraph 78, for the words from...
The Immigration Act 1971 (1971 c. 77)
47In section 6(2), for the words “section 26 of the...
The Criminal Justice Act 1972 (1972 c. 71)
48In section 24, for subsection (4) there shall be substituted...
49In section 51(2), for the words “section 39(1) of the...
The Powers of Criminal Courts Act 1973 (1973 c. 62)
50In section 10— (a) in subsection (3)(a), for the words...
The Health and Safety at Work etc. Act 1974 (1974 c. 37)
51. . . . . . . . . ....
Schedule 10Repeals and Revocations
Part IEnactments Repealed
Part IIActs of Adjournal Revoked

Criminal Procedure (Scotland) Act 1975

1975 c. 21

An Act to consolidate certain enactments relating to criminal procedure in Scotland.

Annotations:
Amendments (Textual)
F1

Act repealed (S.) (1.4.1996) by 1995 c. 40, ss. 4, 6(1)(2), Sch. 3 Pt. II paras. 3, 16, Schs. 5, 6

Modifications etc. (not altering text)
C3

By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C4

Act applied (S.) (1.4.1993) by Local Government Finance Act 1992 (c. 14), ss. 111(9)(b), 119(2) (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2(a)

Act extended (S.) (1.10.1993) by 1993 c. 9, ss. 2(3), 5, 6, 10 (with ss. 5(1), 6(1), 10, 27, 47(2), Sch. 6 paras. 1, 2, 6, 7); S.I. 1993/2050, art. 3(4)

Act extended (1.10.1993) by 1980 c. 62, s. 32A(4) (as inserted by 1993 c. 9, s. 32 (with s. 47(2), Sch. 6 paras. 6, 7); S.I. 1993/2050, art. 3(4))

Act applied (S.) (1.4.1992) by Local Government (Scotland) Act 1956 (c. 60), s. 22 (as substituted (1.4.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 10 (with s. 118(1)(2)(4)); S.I. 1992/818, art. 2(a))

Act amended (S.) (1.10.1993) by 1993 c. 9, s. 27(7) (with ss. 5(1), 6(1), 10, 27, 47(2), Sch. 6 paras. 1, 2, 6, 7); S.I. 1993/2050, art. 3(4)

Act: certain functions transferred (S.) (1.4.1996) by 1994 c. 39, ss. 127(1), 128, 184(2); S.I. 1996/323, art. 4(1)(a), Sch.

Act applied (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, ss. 44(4), 56(11); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

Act to be construed (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) with 1995 c. 20, s. 114(2); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

Act: power to modify conferred (S.) (1.4.1997) by 1995 c. 36, s. 40(3), (with s. 99); S.I. 1996/3201, art. 3(7)