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Version Superseded: 01/04/1996
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Criminal Procedure (Scotland) Act 1975, Section 74 is up to date with all changes known to be in force on or before 16 August 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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(1)In any proceedings against a body corporate, the indictment may be served by delivery of a copy of the indictment with notice to appear attached thereto at the registered office or, if there is no registered office or the registered office is not in the United Kingdom, at the principal place of business in the United Kingdom of the body corporate.
Where a letter containing a copy of the indictment has been sent by registered post or by the recorded delivery service to the registered office or principal place of business of the body corporate, an acknowledgment or certificate of the delivery of the letter issued by the Post Office shall be sufficient evidence of the delivery of the letter at the registered office or place of business on the day specified in such acknowledgment or certificate.
(2)In any such proceedings as aforesaid the body corporate may, for the purpose of—
(a)stating objections to the competency or relevancy of the indictment or proceedings; or
(b)tendering a plea of guilty or not guilty; or
(c)making a statement in mitigation of sentence;
appear by a representative of the body corporate.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4)Where at the [F2trial diet] in any such proceedings as aforesaid the body corporate does not appear in accordance with the provisions of subsection (2) of this section, or by counsel or a solicitor, the court shall, on the motion of the prosecutor, if it is satisfied that the provisions of subsection (1) of this section have been complied with, proceed to hear and dispose of the case in the absence of the body corporate.
(5)Where in any such proceedings as aforesaid a body corporate is sentenced to a fine, the fine may be recovered in like manner in all respects as if a copy of the sentence certified by the clerk of the court were an extract decree of the Court of Session for the payment of the amount of the fine by the body corporate to the Queen’s and Lord Treasurer’s Remembrancer.
(6)Nothing contained in section 103 or 105 of this Act shall require a plea tendered by or on behalf of a company to be signed.
(7)If on the application of the procurator fiscal, a sheriff is satisfied that there is reasonable ground for suspecting that an offence has been or is being committed by a body corporate, the sheriff shall have the like power to grant warrant for the citation of witnesses and the production of documents and articles as he would have if a petition charging an individual with the commission of the offence were presented to him.
(8)In this section, the expression “representative”, in relation to a body corporate against which such proceedings as aforesaid are brought, means an officer or servant of the body corporate duly appointed by it for the purpose of those proceedings. Such appointment need not be under the seal of the body corporate, and a statement in writing purporting to be signed by the managing director of, or by any person having or being one of the persons having the management of the affairs of the body corporate, to the effect that the person named in the statement has been appointed the representative of the body corporate for the purpose of the said proceedings shall be admissible without further proof as evidence that the person has been appointed.
Textual Amendments
F1Ss. 74(3), 105–107, 120–122 repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, 8, Sch. 8
F2Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 3(b), Sch. 6 para. 1
Modifications etc. (not altering text)
C1S. 74 extended by Companies Act 1985 (c. 6, SIF 27), s. 734(4); modified by Insurance Companies Act 1982 (c. 50, SIF 67), s. 92(4)
C2S. 74 extended by Financial Services Act 1986 (c. 60, SIF 69), s. 203(4), and by Banking Act 1987 (c. 22, SIF 10), s. 98(4)
C3S. 74 applied by Companies Act 1989 (c. 40, SIF 27), ss. 44(4), 91(4) (the application being in force as regards s. 91(4) and as regards s. 44(4) being in force for certain purposes only as mentioned in S.I. 1990/142, Sch. and being otherwiseprosp.)
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