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Criminal Procedure (Scotland) Act 1975
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- UK Public General Acts
- 1975 c. 21
- Part III
- Section 457A
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Changes over time for: Section 457A
Version Superseded: 01/04/1996
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 01/04/1996- Amendment
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Criminal Procedure (Scotland) Act 1975, Section 457A is up to date with all changes known to be in force on or before 11 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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[F1457A Mode of trial of certain offences.S
(1)An offence created by statute shall be triable only summarily if—
(a)the enactment creating the offence or any other enactment expressly so provides (in whatever words); or
(b)subject to subsections (2) and (3)(a) below, the M1offence was created by an Act passed on or before 29th July 1977 (the date of passing of the Criminal Law Act 1977) and the penalty or maximum penalty in force immediately before that date, on any conviction of that offence, did not include any of the following—
(i)a fine exceeding £400;
(ii)imprisonment for a period exceeding 3 months;
(iii)a fine exceeding £50 in respect of a specified quantity or number of things, or in respect of a specified period during which a continuing offence is committed:
Provided that, in the application of paragraph (b)(ii) above, no regard shall be paid to the fact that section 290 of this Act permits the imposition of imprisonment for a period exceeding 3 months in certain circumstances.
(2)An offence created by statute which is triable only on indictment shall continue only to be so triable.
(3)An offence created by statute shall be triable either on indictment or summarily if—
(a)the enactment creating the offence or any other enactment expressly so provides (in whatever words); or
(b)it is an offence to which neither subsection (1) nor subsection (2) above applies.
(4)An offence which may under any enactment (including an enactment in this Act or passed after this Act) be tried only summarily, being an offence which, if it had been triable on indictment, could competently have been libelled as an additional or alternative charge in the indictment, may (the provisions of this or any other enactment notwithstanding) be so libelled, and tried accordingly:
Provided that the penalty which may be imposed for that offence in that case shall not exceed that which is competent on summary conviction.]
Textual Amendments
F1S. 457A inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 55(1)
Marginal Citations
M11977 c. 45(39:1).
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