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Criminal Procedure (Scotland) Act 1975
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Changes over time for: Section 108
Version Superseded: 31/03/1996
Alternative versions:
- 01/02/1991- Amendment
- 18/09/1993- Amendment
- 01/10/1993
Point in time - 31/03/1996- Amendment
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Point in time view as at 01/10/1993. This version of this provision has been superseded.
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Criminal Procedure (Scotland) Act 1975, Section 108 is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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108 Certain objections competent only at first diet.S
[F1(1)]No objection by the accused to the validity of the citation against him, on the ground of any discrepancy between the record copy of the indictment and the copy served on him, or on account of any error or deficiency in such service copy or in the notice of citation, shall be competent [F2except by leave of the court on cause shown, unless his intention to raise the objection is stated in a notice under section 76(1)(a) of this Act], and no such discrepancy, error or deficiency shall entitle the accused to object to plead to such indictment unless the [F3court] shall be satisfied that the same tended substantially to mislead and prejudice the accused.
[F4(2)Except by leave of the court on cause shown—
(a)no matter relating to the competency or relevancy of the indictment shall be raised;
(b)no plea in bar of trial shall be submitted; F5. . .
(c)no application for separation or conjunction of charges or trials shall be submitted, [F6; and
(d)no preliminary objection under section 67 of this Act shall be raised,]
unless the intention to do so has been stated in a notice under section 76(1) of this Act.]
Textual Amendments
F1Word inserted by virtue of Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 19(b), Sch. 6 para. 1
F2Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 19(a), Sch. 6 para. 1
F3Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 39:1), s. 23(2), Sch. 2 para. 18
F4S. 108(2) inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 19(b), Sch. 6 para. 1
F5Word in s. 108(2)(b) repealed (18.9.1993) by 1993 c. 9, s. 47(1)(3), Sch. 5 para. 1(4)(a), Sch. 7 Pt.I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(3), 4(1)(c), Sch.2
F6S. 108(2)(d) and the word “and” immediately preceding inserted (18.9.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(4)(b) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(3), 4(1)(c), Sch.2
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