“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 F3Prisons (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 F5for 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 F6in 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 M1Criminal Procedure (Scotland) Act 1887 or in an Act of Adjournal under this Act or as nearly as may be in such form;

“hospital” means—

“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 F15contempt 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 F3Prisons (Scotland) Act 1989;

“local authority” has the meaning assigned to it by section 1(2) of the M4Social 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 M5Medical 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—

1. (i)

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

2. (ii)

   any constable within the meaning of the M6Police (Scotland) Act 1967;

3. (iia)

   F17any 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;

4. (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

5. (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 F19Part 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 F3Prisons (Scotland) Act 1989;

F23“reporter” means an officer appointed by a local authority under section 36 of the M7Social Work (Scotland) Act 1968;

“residential establishment” F24means 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 F25section 59 of the M8Mental 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 F28Part VIII of the M9Mental 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 F29in Part II of the Children (Scotland) Act 1995;

“training school order” has the same meaning as in the M10Social Work (Scotland) Act 1968;

“witness” includes haver.