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Criminal Procedure (Scotland) Act 1975 is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date.
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Arrest, Judicial Examination, Custody, Bail, Etc.
13. Warrants for arrest of escaped prisoners and mental patients.
15A. Warrants for search and apprehension to be signed by judge.
17.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. Prisoners before examination to have access to solicitor.
20A. Accused at examination may be questioned by prosecutor.
21. Examination of accused on charges arising in different districts.
25. Power of court to commit to hospital a person suffering from mental disorder.
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.
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.
39. Attendance at court of parent of child charged with an offence, etc.
42. Procedure on resignation, death or removal of Lord Advocate.
52. Description of buildings, goods, money or other property.
54.“Money” to include coin, bank notes and post office orders.
60. Robbery, etc. to include reset, and theft to include breach of trust, etc.
62. Mode of charging certain offences committed against two or more children under 17.
Lodging of List of Witnesses, Productions, Special Defence, Etc.
Preparation of Jury List, etc.
87, 88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91. Names of jurors dying or becoming disqualified to be passed over in making returns of jurors.
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.
98. Jurors to be cited by registered letter or recorded delivery.
100. No exemptions by sex or marriage from liability to serve as juror.
121, 122.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124. On plea of guilty, jury to be dispensed with and sentence pronounced.
126. On plea of not guilty, the indictment need not be read over.
138. Witnesses not to be excluded by reason of conviction, interest, etc.
139. Witnesses admissible notwithstanding relationship to parties.
140. Presence in court not to disqualify witnesses in certain cases.
141ZA. Evidence of criminal record and character of accused.
147. Witness may be examined, etc., as to having previously made a different statement.
151. Record of proceedings at examination to be received in evidence without being sworn to by witnesses.
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.
162. Extract convictions to be received and manner of proof.
163. Extract conviction to be issued by clerk having record copy of indictment.
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.
173. Reference and remit of children’s cases by courts to children’s hearings.
Procedure at trial of persons suffering from mental disorder
205A. Recommendation as to minimum period of detention for person convicted of murder.
206A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
208–211.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
212. Recall to young offenders institution on re-conviction.
213.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further provisions as to appeals
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.
289E. Penalties for first and subsequent convictions of summary offences to be the same.
289GA. Statutory maximum as penalty in respect of summary conviction for offences in subordinate instruments.
289GC. Fines under secondary subordinate instruments–Scotland.
289GD. Fines on summary conviction for offences under subordinate instruments– conversion to references to levels on scale.
293. Instructions by Lord Advocate as to reporting offences.
295. Interim liberation by officer in charge of police station.
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.
301, 302.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
304. Power to order parents to give security for child’s good behaviour.
307. Attendance at court of parent of child charged with an offence, etc.
313. Mode of charging certain offences committed against two or more children under 17.
322. Warrants for arrest of escaped prisoners and mental patients.
325.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
330. Power of court to commit to hospital a person suffering from mental disorder.
341. Witnesses not to be excluded by reason of conviction, interest, etc.
342. Witnesses admissible notwithstanding relationship to parties.
343. Presence in court not to disqualify witnesses in certain cases.
345. Administration of oath to same witness in case at same diet.
346ZA. Evidence of criminal record and character of accused.
349. Witness may be examined etc., as to having previously made a different statement.
352. Record of proceedings at examination to be received in evidence without being sworn to by witnesses.
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.
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
Residential and Borstal Training
414.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
416.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
417.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
418.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
419, 420.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
421. Recall to young offenders institution on re-conviction.
422.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
442A. Method of appeal against conviction or conviction and sentence.
445.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
452B. Supplementary provisions where High Court authorises new prosecution.
453A. Appeal by bill of suspension or advocation on ground of miscarriage of justice.
453E. Failure of appellant who has been granted bail to appear personally.
SCHEDULES
Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
Application of Sums Paid as Part of Fine Under Section 409 of this Act
Offences Made Triable Only Summarily, and Related Amendments
Alteration of Penalties on Summary Conviction of Certain Offences
Fines to be Altered other than in Accordance with Sections 289E and 289F
Provisions of this Act referred to in section 460(8) of this Act
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