Criminal Procedure (Scotland) Act 1975

F1 Part III U.K. General

Textual Amendments

F1 Act repealed (S.) (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 6(1), Sch. 5 (with ss. 4, 6(2), Sch. 3 paras. 3, 16, Sch. 6)

F1 457ZA Acts of Adjournal. U.K.

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F1 457A Mode of trial of certain offences. S

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F1 458 Construction of enactments referring to sentence of detention. S

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F1 459 Construction of enactments referring to detention. S

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F1 460 Transitional provisions and savings. S

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F1 461 Consequential amendments, repeals and revocations. S

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[F1 462 Interpretation. U.K.

(1) In this Act, except where the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them—

• “appropriate court” means a court named as such in pursuance of section 183(2) or 384(2) of this Act or of Schedule 5 to this Act in a probation order or in an amendment of any such order made on a change of residence of a probationer;

• [F2 “bail” means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires;]

• “Borstal training” and “detention centre” have the like meanings as in the [F3 Prisons (Scotland) Act 1989];

• “charged” means, in respect of proceedings under Part I of this Act, charged on petition or indictment and, in respect of proceedings under Part II of this Act, charged on complaint;

• [F4 “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists;]

• “child”, except in sections 18, 62, 171(3), 294, 313 and 368(3) of this Act and Schedule 1 to this Act, has the meaning assigned to that expression [F5 for the purposes of Chapters 2 and 3 of Part II of the Children (Scotland) Act 1995];

• “children’s hearing” has the meaning assigned to it [F6 in Part II of the Children (Scotland) Act 1995];

• “Clerk of Justiciary” shall include assistant clerk of justiciary and shall extend and apply to any person duly authorised to execute the duties of Clerk of Justiciary or assistant clerk of justiciary;

• “commit for trial” means commit until liberation in due course of law;

• “complaint” includes a copy of the complaint laid before the court;

• “convicted” (except in relation to previous convictions), in respect of proceedings under Part I of this Act, means convicted on indictment, and, in respect of proceedings under Part II of this Act, means summarily convicted; and “conviction” shall be construed accordingly;

• “the court”, in relation to solemn procedure, means a court of solemn criminal jurisdiction and includes the High Court and the sheriff court and, in relation to summary procedure, means a court of summary criminal jurisdiction;

• “court of summary jurisdiction” means a court of summary criminal jurisdiction;

• “court of summary criminal jurisdiction” shall include the sheriff court and district court;

• “crime” means all crime at common law, as well as all crime under any existing or future Acts of Parliament, and includes high crime and offence, felony, crime and offence, offence and misdemeanour, and includes attempt;

• [F7 “diet” includes any continuation of a diet;]

• “enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

• “England” includes Wales;

• [F8 “examination of facts” means an examination of facts held under section 174ZA or 375ZA of this Act;]

• “existing” means existing immediately before the commencement of this Act;

• “extract conviction” and “extract of previous conviction” include certified copy conviction, certificate of conviction, and any other document under the hand of the proper officer in use to be issued from any court of justice of the United Kingdom as evidence of a conviction;

• “fine” includes [F9 (a) any pecuniary penalty [F10 (but not a pecuniary forfeiture or pecuniary compensation)], and (b)] an instalment of a fine;

• [F11 “governor” means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, the director of the prison;]

• “guardian”, in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

• “guardianship order” has the meaning assigned to it by section 175(5) or 376(8) of this Act;

• “High Court” and “Court of Justiciary” shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;

• “indictment” shall include any indictment whether in the sheriff court or the High Court framed in the form set out in Schedule A to the M1 Criminal Procedure (Scotland) Act 1887 or in an Act of Adjournal under this Act or as nearly as may be in such form;

• “hospital” means—

(a) any hospital vested in the Secretary of State [F12 or in a National Health Service trust] under the M2 National Health Service (Scotland) Act [F13 1978],

(b) any private hospital registered under [F14 Pt. IV of the M3 Mental Health (Scotland) Act 1984]; and

(c) any State hospital;

• “hospital order” has the meaning assigned to it by section 175(3) or 376(6) of this Act;

• “impose detention” or “impose imprisonment” means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for [F15 contempt of court];

• “judge”, in relation to solemn procedure, means a judge of a court of solemn criminal jurisdiction and, in relation to summary procedure, means any sheriff or any judge of a district court;

• “justice” includes the sheriff and any stipendiary magistrate or justice of the peace;

• “justice of the peace” means any of Her Majesty’s justices of the peace for any commission area in Scotland acting within such commission area;

• “legalised police cells” has the like meaning as in the [F3 Prisons (Scotland) Act 1989];

• “local authority” has the meaning assigned to it by section 1(2) of the M4 Social Work (Scotland) Act 1968;

• “Lord Commissioner of Justiciary” shall include Lord Justice General and Lord Justice Clerk;

• “medical practitioner” means a registered medical practitioner within the meaning of the M5 Medical Act 1956;

• “offence” means any act, attempt or omission punishable by law;

• [F16 “officer of law” includes, in relation to the service and execution of any warrant, citation, petition, indictment, complaint, list of witnesses, order, notice, or other proceeding or document—

  (i)

  any macer, messenger-at-arms, sheriff officer or other person having authority to execute a warrant of the court;

  (ii)

  any constable within the meaning of the M6 Police (Scotland) Act 1967;

  (iia)

  [F17 any person who is employed under section 9 of the Police (Scotland) Act 1967 for the assistance of the constables of a police force and who is authorised by the chief constable of that police force in relation to service and execution as mentioned above;]

  (iii)

  where the person upon whom service or execution is effected is in prison at the time of service on him, any prison officer; and

  (iv)

  any person (or class of persons) authorised in that regard for the time being by the Lord Advocate or by the Secretary of State;]

• “officer of police” includes a chief constable, deputy chief constable, constable and criminal officer;

• “order” means any order, byelaw, rule or regulation having statutory authority;

• . . . F18

• “patient” means a person suffering or appearing to be suffering from mental disorder;

• “place of safety”, in relation to a person not being a child, means any police station, prison or remand centre, or any hospital the board of management of which are willing temporarily to receive him, and in relation to a child means a place of safety within the meaning of [F19 Part II of the Children (Scotland) Act 1995];

• “prison” does not include a naval, military or air force prison;

• [F20 “prison officer” and “officer of a prison” means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act;]

• [F21 “probationer” means a person who is under supervision by virtue of a probation order or who was under such supervision at the time of the commission of any relevant offence or failure to comply with such order;]

• “probation order” has the meaning assigned to it by section 183 or 384 of this Act;

• “probation period” means the period for which a probationer is placed under supervision by a probation order;

• “procurator fiscal” shall mean sheriff’s procurator fiscal, and shall include assistant procurator fiscal and procurator fiscal depute and shall extend and apply to any person duly authorised to execute the duties of such procurator fiscal;

• “prosecutor”, in Part I of this Act, includes Crown counsel, procurator fiscal, any other person prosecuting in the public interest and any private prosecutor; and, in Part II of this Act, includes procurator fiscal, district prosecutor, depute district prosecutor, assistant district prosecutor, and any other person prosecuting in the public interest, F22 . . .and complainer and any person duly authorised to represent or act for any public prosecutor;

• “remand” means an order adjourning the proceedings or continuing the case and giving direction as to detention in custody or liberation during the period of adjournment or continuation and references to remanding a person or remanding in custody or on bail shall be construed accordingly;

• “remand centre” has the like meaning as in the [F3 Prisons (Scotland) Act 1989];

• [F23 “reporter” means an officer appointed by a local authority under section 36 of the M7 Social Work (Scotland) Act 1968;]

• “residential establishment” [F24 means an establishment within the meaning of that expression for the purposes of the Social Work (Scotland) Act 1968 or, as the case may be, of Part II of the Children (Scotland) Act 1995];

• “responsible medical officer” has the meaning assigned to it by [F25 section 59 of the M8 Mental Health (Scotland) Act 1984];

• [F26 “restriction order” has the meaning assigned to it by section 178 or 379 of this Act;]

• [F27 “sentence”, whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court.]

• “sheriff” shall include sheriff principal;

• “sheriff clerk” shall include sheriff clerk depute, and shall extend and apply to any person duly authorised to execute the duties of sheriff clerk;

• “sheriff court district” shall extend to the limits within which the sheriff has jurisdiction in criminal matters whether by statute or at common law;

• “State hospital” has the meaning assigned to it in [F28 Part VIII of the M9 Mental Health (Scotland) Act 1984];

• “statute” shall mean any Act of Parliament, public general, local, or private, and any Provisional Order confirmed by Act of Parliament;

• “supervision requirement” has the meaning assigned to it [F29 in Part II of the Children (Scotland) Act 1995];

• “training school order” has the same meaning as in the M10 Social Work (Scotland) Act 1968;

• “witness” includes haver.

(2) References in this Act to a court do not include references to a court-martial; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a court-martial under the M11 Naval Discipline Act 1957, the M12 Army Act 1955 or the M13 Air Force Act 1955 for a civil offence within the meaning of those Acts.

(3) For the purpose of any provision of Part II of this Act referring to a court acting for any place, a court entitled to exercise jurisdiction in any place shall be deemed to be a court acting for that place.

(4) For the purposes of this Act, except section 183(7) or 384(7) thereof, where a probation order has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought.

(5) Any reference in this Act to a previous sentence of imprisonment shall be construed as including a reference to a previous sentence of penal servitude; any such reference to a previous sentence of Borstal training shall be construed as including a reference to a previous sentence of detention in a Borstal institution.

(6) Any reference in this Act to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of [F30 the United Kingdom] and to a previous sentence passed by any such court.

(7) References in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment, including this Act, upon the imprisonment of offenders of his age.

(8) Without prejudice to the provisions of section 171 or 368 of this Act, where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.

(9) References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

F31 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) References in this Act to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended, extended or applied by or under any other enactment, including this Act.]

Textual Amendments

F2 Definition substituted by Bail etc. (Scotland) Act 1980 (c. 4, SIF 39:1), Sch. 1 para. 14

F3 Words substituted by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2 para. 16

F4 Definition of “chartered psychologist”in s. 462(1) inserted (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) with 1995 c. 20, s. 39(2); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F5 Words in the definition of “child”in s. 462(1) substituted (S.) (prosp.) by 1995 c. 36, s. 105(1)(4), Sch. 4 para. 24(18)(a) (with s. 103(1))

F6 Words in the definition of “children's hearing”in s. 462(1) substituted (S.) (prosp.) by 1995 c. 36, s. 105(1)(4), Sch. 4 para. 24(18)(b) (with s. 103(1))

F7 Definition inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 76(a)

F8 Definition of “examination of facts”in s. 462(1) inserted (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 157(2)(a); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F9 Words inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 11 para. 10

F10 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 15 para. 19

F11 Definition of “governor”in s. 462(1) inserted (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 157(2)(a); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F12 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 14

F13 Words substituted by National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), Sch. 16 para. 41

F14 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 37(a)

F15 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 76(b)

F16 Definition substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 25(a)

F17 S. 462(1): para. (iia) in the definition of “officer of law”inserted (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 157(2)(b); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F18 Definition of “order restricting discharge” repealed by Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 3

F19 Words in the definition of “place of safety”in s. 462(1) substituted (S.) (prosp.) by 1995 c. 36, s. 105(1)(4), Sch. 4 para. 24(18)(c) (with s. 103(1))

F20 Definitions of “prison officer”and “officer of a prison”inserted (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 157(2)(a); S.I. 1996/517, arts. 3(2), 4-6, Sch., 2

F21 Definition substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 25(b)

F22 Words in the definition of “prosecutor”in s. 462(1) repealed (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 157(2)(c), Sch. 7 Pt. I; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F23 Definition of “reporter”in s. 462(1) shall cease to have effect (S.) (1.4.1996) by virtue of 1994 c. 39, ss. 180(1), Sch. 13 para. 97(6); S.I. 1996/323, art. 4(1)(b)(c)

F24 Words in the definition of “residential establishment”in s. 462(1) substituted (S.) (prosp.) by 1995 c. 36, s. 105(1)(4), Sch. 4 para. 24(18)(d) (with s. 103(1))

F25 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 37(b)

F26 Definition inserted by virtue of Mental Health (Amendment) (Scotland) Act 1983 (c. 39), Sch. 2 para. 37(b) and Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 126(2)(b)

F27 Definition substituted by Criminal Justice (Scotland) Act 1980 (c. 62), Sch. 7 para. 76(c)

F28 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 37(c)

F29 Words in the definition of “supervision requirement”in s. 462(1) substituted (S.) (prosp.) by 1995 c. 36, s. 105(1)(4), Sch. 4 para. 24(18)(e) (with s. 103(1))

F30 Words in s. 462(6) substituted (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 157(3); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F31 S. 462(10) repealed (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 157(4), Sch. 7 Pt. I; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

Modifications etc. (not altering text)

C1 in s. 462(1), definition of "justice" applied by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 118C(3) (as inserted by Finance Act 1991 (c. 31, SIF 40:1), s. 12, Sch. 5).

C2 S. 462(1) definition of “medical practitioner” amended by Medical Act 1983 (c. 54, SIF 83:1), Sch. 6 para.11(2)

Marginal Citations

M1 1887 c. 35(39:1).

M2 1978 c. 29(113:2).

M3 1984 c. 36(85).

M4 1968 c. 49(81:3).

M5 1956 c. 76.

M6 1967 c. 77(95).

M7 1968 c. 49(81:3).

M8 1984 c. 36(85).

M9 1984 c. 36(85).

M10 1968 c. 49(81:3).

M11 1957 c. 53(7:1).

M12 1955 c. 18(7:1).

M13 1955 c. 19(7:1).

[F1 463 Extent. E+W+S

(1) The following provisions of this Act shall extend to England and Wales, that is to say—

(a) in Part I, sections . . . F32 , 169, 188(3) to (8) [F33 189 and 212A(2) and (6)];

(b) in Part II, sections . . . F34 , 365, 370 (so far as relating to section 374), 374, 389(3) to (8) [F35 , 390 and 413];

(c) in Part III, section 463(1);

(d) in Schedule 9, the amendments relating to—

(i) . . . F36

(ii) the M14 Criminal Justice Act 1961;

(iii) . . . F36

(iv) the M15 Criminal Justice Act 1967;

(v) the M16 Children and Young Persons Act 1969;

(vi) the M17 Immigration Act 1971;

(vii) the M18 Criminal Justice Act 1972; and

(viii) the M19 Powers of Criminal Courts Act 1973.

(e) in Schedule 10, the repeals relating to—

(i) sections 46, 50 and 54 of the M20 Children and Young Persons (Scotland) Act 1937;

(ii) sections 7 and 7A of the M21 Criminal Justice (Scotland) Act 1949;

(iii) sections 39, 40 and 53(1) of the M22 Criminal Justice (Scotland) Act 1963;

(iv) section 54(8) of the M23 Criminal Justice Act 1967;

(v) Schedule 5 (other than paragraph 68 thereof) to the M24 Children and Young Persons Act 1969; and

(vi) sections 53 and 58(a) of, and paragraphs 3 and 19 of Schedule 5 to, the M25 Powers of Criminal Courts Act 1973.

[F37 (1A) Sections 169 [F38 , 374 and 413] of this Act shall extend to Northern Ireland.]

(2) The following provisions of this Act shall extend to the Isle of Man, that is to say—

(a) in Part I, section 16;

(b) in Part II, section 324;

(c) in Part III, section 463(2);

(d) in Schedule 10, the repeal relating to section 53(3) of the M26 Criminal Justice (Scotland) Act 1963.

(3) Save as aforesaid, and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall extend to Scotland only.]

Textual Amendments

F32 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

F33 Words in s. 463(1)(a) substituted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(38) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4)

F34 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13 and Magistrates'; Courts Act 1980 (c. 43, SIF 39:1), s. 154, Sch. 9

F35 Words substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 59(2)(a)

F36 S. 463(1)(d)(i)(iii) repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

F37 S. 463(1A) added by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 77

F38 Words substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 59(2)(b)

Marginal Citations

M14 1961 c. 39(39:1).

M15 1967 c. 80.(39:1).

M16 1969 c. 54(20).

M17 1971 c. 77(62).

M18 1972 c. 71(39:1).

M19 1973 c. 62(39:1).

M20 1937 c. 37(20).

M21 1949 c. 94.(39:1).

M22 1963 c. 39(39:1).

M23 1967 c. 80.(39:1).

M24 1969 c. 54(20).

M25 1973 c. 62(39:1).

M26 1963 c. 39(39:1).

[F1 464 Short title and commencement. U.K.

(1) This Act may be cited as the Criminal Procedure (Scotland) Act 1975.

(2) Subject to the following provisions of this section, this Act shall come into operation on 16th May 1975.

(3) Sections 23 and 329 of this Act shall come into operation on such day as Her Majesty may by Order in Council appoint.

(4) Sections 214 and 423 of this Act shall come into operation on such date as the Secretary of State may by order appoint; and any such order shall be made by statutory instrument.

(5) A statutory instrument containing an order under subsection (4) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Subordinate Legislation Made

P1 S. 464(3) power of appointment exercised (19.12.1991) by S.I.1991/2883