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36. Supervised release orders: requirement for local authority report.
37. Offences committed by persons under supervision etc.: provision of local authority report.
39. Probation orders requiring treatment for mental condition.
40. Sentence for offence committed while subject to requirement to perform unpaid work.
41. Amendment of records of conviction and sentence in summary proceedings.
59. Calculation of period of detention at police station where person previously detained under another enactment etc.
60. Jurisdiction of district court in relation to statutory offences.
61. Conditional offer of fixed penalty by procurator fiscal.
62. Time limit for summary prosecution of statutory offences.
66. Supervision and care of persons diverted from prosecution or subject to supervision requirement etc.
68. Liability of bankrupt to pay fines and compensation orders.
Part II Proceeds of Crime and Property used in Crime
Chapter IV Reciprocal Arrangements for Enforcement of Orders
101. Recognition and enforcement of orders made in England and Wales.
103. Inhibition of Scottish property affected by order registered under section 101.
104. Arrestment of Scottish property affected by order registered under section 101.
109. Order in Council as regards taking of action in designated country.
SCHEDULES
Certificates as to Proof of Certain Matters
1.Schedule 1 to the Criminal Justice (Scotland) Act 1980 (which...
2.Before the entry relating to the Wireless Telegraphy Act 1949...
3.After the entry relating to the Wireless Telegraphy Act 1949...
5.After the entry relating to the Social Security Act 1975...
7.After the entry relating to the Forgery and Counterfeiting Act...
8.After the entry relating to the Video Recordings Act 1984...
9.After the entry relating to the Social Security Administration Act...
Supervision and Treatment Orders: Schedule to be inserted in the 1975 Act
Sequestration etc. of Persons Holding Realisable or Forfeitable Property
Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II
1.The Criminal Justice (Scotland) Act 1987 shall be amended as...
2.In section 1 (confiscation orders)— (a) in subsection (1)—
3.For section 2 (postponed confiscation orders) there shall be substituted...
4.In section 3 (assessing the proceeds of drug trafficking)—
6.In section 5 (realisable property)— (a) for subsections (1) to...
7.In section 6 (implicative gifts)— (a) in subsection (1), in...
8.After section 6 (implicative gifts) there shall be inserted the...
9.In section 7 (application of provisions relating to fines to...
10.After section 7 (application of provisions relating to fines to...
11.For sections 8 (cases in which restraint orders may be...
12.In section 11 (inhibition and arrestment of property affected by...
13.After section 11 there shall be inserted the following section—...
15.In section 13 (administrators)— (a) for the words “Lord Advocate”...
16.In section 14 (functions of administrators)— (a) in subsection (1)—...
17.In section 16 (application of proceeds of realisation and other...
18.In section 17 (supervision of administrators), in subsection (2), for...
19.In section 18 (accounts and remuneration of administrator), for the...
20.In section 19 (effect of appointment under section 13 of...
21.In section 20 (further provision as to administrators), at the...
23.In section 24 (power to facilitate realisation), for the words...
24.For section 25 (variation of confiscation order), there shall be...
26.After section 28 (provisions supplementary to section 27), there shall...
28.In section 32 (Orders in Council as regards taking action...
29.In section 33 (sequestration of person holding realisable property)—
30.In section 34 (bankruptcy in England and Wales of person...
31.In section 35 (winding up company holding realisable property)—
33.After section 37 (insolvency practitioners dealing with property subject to...
34.In section 41(2) (disclosure of information held by government departments)—...
35.In section 44(1) (offences relating to controlled drugs: fines), for...
Minor and Consequential Amendments
Part I Amendments Relating to Part I
The Backing of Warrants (Republic of Ireland) Act 1965 (c.45)
The Criminal Procedure (Scotland) Act 1975 (c. 21)
6.The Criminal Procedure (Scotland) Act 1975 shall be amended as...
7.In section 6(3) (jurisdiction and procedure in respect of certain...
8.Sections 14(3) and 323(3) (warrant to search for or remove...
9.After section 15 there shall be inserted the following section—...
10.In section 18(3) (penalty for breach of undertaking to appear),...
11.In section 19(1)(a) (intimation to a solicitor), for the words...
12.Section 20(2) (record where accused does not emit declaration) shall...
13.In section 20B(9) (service of transcript of record of proceedings...
15.In section 26 (bail before committal)— (a) in subsection (2),...
16.In section 31 (appeal in respect of bail), after subsection...
17.In section 33 (liberation of applicant when appeal by public...
18.For section 42 (procedure on resignation, death or removal of...
19.After section 48 there shall be inserted the following sections—...
21.In section 54 (“money” to include coin, bank notes and...
22.In subsection (2) of section 58 (authentication of deletion or...
23.After section 60 there shall be inserted the following section—...
24.Sections 62 and 313 (mode of charging certain offences committed...
25.In section 68 (notice of previous convictions), in each of...
26.In section 69 (warrants for citation)— (a) the existing provision...
28.In section 73(1) (execution of citation of indictment), the words...
29.In section 77 (alteration of trial diet), for paragraphs (a)...
30.In section 78(1) (lodging of record copy of indictment and...
31.In section 79(1) (description of witnesses), for the words from...
32.In section 80(1) (objection to witnesses), after the word “accused”...
33.In section 81 (examination by prosecutor of witnesses, etc. not...
34.In section 82 (notice of special defence, incrimination etc.)—
38.In section 103(1) (pleas of guilty), after the word “he”...
39.In section 108 (certain objections competent only at preliminary diet)—...
40.Section 110 (where sentence delayed, original warrant of commitment stands)...
41.After section 114 there shall be inserted the following section—...
44.In section 127 (procedure where trial does not take place)—...
45.In section 129 (procedure for selection of jurors), for the...
46.Section 132(2) (procedure in High Court trials where jurors chosen...
47.In section 134 (provision for death or illness of jurors)—...
48.In section 135 (clerk to state charge and swear jury)—...
49.In section 140A(1)(b) (no case to answer), the words “were...
50.For section 142 (evidence of the accused) there shall be...
51.Section 144 (notice of spouse as witness) shall cease to...
52.Section 145(4) (interruption of trial) shall cease to have effect....
53.Section 146 (sheriff’s notes of evidence) shall cease to have...
54.In each of sections 148 and 340 (examination of witnesses)—...
55.In section 150 (admissions and agreements as to evidence in...
58.In section 156 (interruption of trial to give direction to...
59.In section 157 (interruption of trial for plea or sentence...
60.Section 159(1) (previous convictions libelled as aggravations) and (3) (passing...
61.Section 160(3) (verdict as to whether previous convictions proved) shall...
62.In section 162(3) (proof of convictions), for the words “An...
63.Section 163 (extract conviction to be issued by clerk having...
67.In section 178(3) (restriction orders), for the words “section 60(4)”...
69.After section 182 there shall be inserted the following— Caution...
71.In each of sections 186(1) and 387(1) (failure to comply...
72.Sections 190 and 391 (supplementary provisions as to probation: security...
73.In section 191(4) (effect of probation and absolute discharge) the...
74.In each of sections 192 and 393 (probation reports), the...
76.Sections 225 (interlocutors to be signed by clerk), 226 (record...
77.In section 235 (applications in connection with appeals may be...
78.In section 236A(3) (judge’s report), for the words “and the...
79.Section 236C (signing of appeal documents) shall cease to have...
80.Section 237 (note of proceedings) shall cease to have effect....
81.In section 238 (bail pending appeal), in subsection (2), the...
83.In section 240 (appellant may be present at hearing), the...
84.Section 246 (sittings of the High Court to be arranged...
85.In section 254 (disposal of appeals)— (a) in subsection (4)(b),...
86.After section 254A there shall be inserted the following section—...
87.Section 256 (summary dissmissal of frivolous or vexatious appeals) shall...
88.In section 257 (failure to appear at hearing), for the...
89.Section 259 (continuation of hearing) shall cease to have effect....
90.In section 263 (prerogative of mercy), after subsection (2) there...
91.In section 263A (power of Lord Advocate to refer point...
92.In section 264 (disqualification, forfeiture etc.)— (a) in each of...
93.In section 265 (fines and caution)— (a) in subsection (1),...
94.In section 268 (reckoning of time spent on bail pending...
95.In section 269 (extract convictions), after the words “section 228(1)(b)”...
96.In section 270 (release of documents, productions etc. after trial),...
98.In section 274(5)(e) (record of proceedings at trial), for the...
99.Section 276 (declaration administered to shorthand writer) shall cease to...
100.In section 277(2) (non-compliance with certain provisions may be waived),...
101.Section 282 (power to make Acts of Adjournal: solemn procedure)...
102.For subsection (1) of section 283 (application of Part II...
103.Section 289D(1A)(d) (power to alter sums specified in section 435(e)...
104.In section 296 (police liberation or detention of children arrested),...
106.For section 305 (intimation to a solicitor) there shall be...
107.In section 309(1) (forms of procedure in summary proceedings), the...
108.In section 310 (incidental applications)— (a) the words “Part I...
109.In section 311 (complaint)— (a) in subsection (1), the words...
112.In section 315(2) (citation), the words “Part IV of Schedule...
114.In section 318(2) (citation of offender), the words “Part IV...
115.In section 319(1) (citation by post), the words “other than...
116.In section 320 (apprehension of witness), after the word “may”...
118.In section 335(1) (amendment of complaint), the words “penalty or”...
119.Section 336 (record of plea of guilty) shall cease to...
120.In section 338(1) (failure of accused to appear), after the...
122.In section 344(1) (punishment of witness for contempt), the words...
123.Section 345 (administration of oath to same witness in case...
124.For section 347 (evidence of the accused) there shall be...
125.In section 352(2) (application to have all or part of...
126.In section 354(1) (admissions and agreements as to evidence in...
127.In section 357 (proof of convictions)— (a) in subsection (1)(a),...
128.In section 359 (record of summary proceedings), after the words...
129.Section 360 (proceedings written or printed) shall cease to have...
130.In section 360A (interruption of summary proceedings for verdict in...
131.In section 366 (procedure where sheriff sits summarily in respect...
132.In section 375(3) (insanity in bar of trial), for the...
133.In section 376 (power of court to order hospital admission...
135.In section 379(3) (restriction orders), for the words “section 62(1)”...
136.In section 392 (effects of probation and absolute discharge on...
137.In section 396(7) (time for payment of fine), the words...
138.In section 398(1) (restriction on imprisonment after fine or caution)—...
139.In section 406 (substitution of custody for imprisonment where a...
140.In section 408 (discharge from imprisonment to be specified), for...
141.In section 413(1) (detention of children in residential care)—
142.In section 430 (consecutive sentences)— (a) in subsection (1), the...
143.In section 432(1) (deferred sentence), the words from “and”, where...
145.In section 440 (extract sufficient warrant for imprisonment), the words...
146.In section 441 (provision for court comprising more than one...
147.In section 443A (disqualification, forfeiture etc.), after subsection (2) there...
148.In section 444(1)(b) (contents of application for stated case), for...
149.In section 446 (procedure in relation to appeal by stated...
150.In section 451(3) (computation of time) after the words “442(1)(a)(i)”...
151.(1) Section 453 (prosecutor’s consent to or application for setting...
152.In section 453B (appeals against sentence only), after subsection (4)...
153.In section 453D (disposal of appeal where appellant insane)—
154.In section 454(1) (convictions not to be quashed on certain...
155.Section 457 (power to make Acts of Adjournal: summary procedure)...
156.Before section 457A there shall be inserted the following section—...
157.(1) Section 462 (interpretation) shall be amended as follows.
158.In Schedule 5 (discharge and amendment of probation orders), in...
The Community Service by Offenders (Scotland) Act 1978 (c. 49)
The Mental Health (Scotland) Act 1984 (c. 36)
164.The Mental Health (Scotland) Act 1984 shall be amended as...
165.In section 67(1) (application of sections 63 to 66 to...
166.In section 69(3) (persons ordered to be kept in custody...
167.In section 71(7)(a) (removal to hospital of persons serving sentences...
168.In section 73(1) (transfer order to cease to have effect...
169.In section 125(4) interpretation)— (a) after “174,” there shall be...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)