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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

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Changes over time for: Cross Heading: Evidence by children in criminal trials

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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Cross Heading: Evidence by children in criminal trials is up to date with all changes known to be in force on or before 05 December 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. Help about Changes to Legislation

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Prospective

Evidence by children in criminal trialsS

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F1S. 56 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)

F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F2S. 57 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)

58 Identification of accused by child.S

Where a court has, or is deemed to have, granted an application made under section 56 of this Act in relation to a child F3. . ., and the child gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the child prior to the trial shall be admissible as evidence as to such identification.

Textual Amendments

Modifications etc. (not altering text)

C1S. 58 applied (1.1.1994) by 1993 c. 9, s. 35 (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(5).

Commencement Information

I1S. 58 wholly in force 3.4.1997; s. 58 not in force at Royal Assent see 75(2); s. 58 in force for certain purposes at 30.9.1991 by S.I. 1991/2151, art. 3, Sch.; s. 58 in force at 3.4.1995 in so far as not already in force by S.I. 1995/364, art. 2

59Interpretation of sections 56, 57 and 58.S

In sections 56, 57 and 58 of this Act, unless the contrary intention appears—

  • child” means a person under the age of 16 years;

  • court” means the High Court of Justiciary or the sheriff court; and

  • trial” means a trial under solemn or under summary procedure.

Commencement Information

I2S. 59 wholly in force 3.4.1995; s. 59 not in force at Royal Assent see s. 75(2); s. 59 in force for certain purposes at 30.9.1991 by S.I. 1991/2151, art. 3,Sch.; s. 59 in force at 3.4.1995 in so far as not already in force by 1995/364, art. 2

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