- Latest available (Revised)
- Point in Time (31/03/1996)
- Original (As enacted)
Point in time view as at 31/03/1996.
There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1995, SCHEDULE 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 117.
Commencement Information
I1Sch. 7 Pt. I wholly in force at 31.3.1996; Sch. 7 Pt. I not in force at Royal Assent see s. 118(2); Sch. 7 Pt. I in force for certain purposes at 26.9.1995 by S.I. 1995/2295, art. 3(2), Sch.; Sch. 7 Pt. I in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3(2)
Chapter | Short title | Extent of repeal |
---|---|---|
1887 c.35. | The Criminal Procedure (Scotland) Act 1887. | Section 3. |
Schedule D. | ||
Schedule E. | ||
Schedule N. | ||
Schedule O. | ||
1949 c.94. | The Criminal Justice (Scotland) Act 1949. | Schedule 7. |
1954 c.48. | The Summary Jurisdiction (Scotland) Act 1954. | In Schedule 2, Parts I and III to VI. |
Schedule 3. | ||
1967 c.80. | The Criminal Justice Act 1967. | In section 69(2), the words “, section 40 of the Prisons (Scotland) Act 1989”. |
1975 c.21. | The Criminal Procedure (Scotland) Act 1975. | Section 14(3). |
Section 20(2). | ||
In section 26(3), the words “or justice”. | ||
In section 33, in subsection (1), the words from “or where” to “application,”; and in subsection (2), the words “by telegraph”. | ||
Section 62. | ||
In section 68, in each of subsections (2) and (4), the words “of Form No.1 of Schedule 7 to the Criminal Justice (Scotland) Act 1949 or in the form”. | ||
In section 69, the words from “and” in the third place where it occurs to “Act” in the fourth place where it occurs, and the words from “The executions” to the end. | ||
In section 73(1), the words from “, unless” to the end. | ||
In section 100, in subsection (1), the words from “but” to the end; and subsections (2) and (3). | ||
Section 110. | ||
In section 124, the proviso. | ||
In section 127(2), the words “Schedule N to the Criminal Procedure (Scotland) Act 1887 or in”. | ||
Section 130(1) to (3). | ||
Section 132(2). | ||
In section 140A(1)(b), the words “were the offence charged the only offence so charged”. | ||
Section 141(1)(b). | ||
Section 144. | ||
Section 145(4). | ||
Section 146. | ||
In section 150(1), the words “, where the accused is legally represented,”. | ||
In section 153, subsection (1) and, in subsection (3)(b)(ii), the words from “(as” to the end. | ||
In section 156, in subsection (1)(b), the words from “, as” to the end; and subsections (4) and (5). | ||
In section 157, in subsection (1), the words “through his counsel”, “in which the panel has pleaded guilty under section 102 of this Act” and “(other than a trial for murder)”; and subsection (2). | ||
Section 159(1) and (3). | ||
Section 160(3). | ||
Section 163. | ||
In section 174, subsections (3) and (4). | ||
In section 178(1), the words “either” and “or during such period as may be specified in the order”. | ||
In section 183, in subsection (5A)(a), the words “has committed an offence punishable by imprisonment and”; and in subsection (7) the words “to the probationer”. | ||
In section 186(1), the words “on oath”. | ||
Section 190. | ||
In section 191(4), the words “placed on probation or” and “probation order or”. | ||
In section 192, the words from “(other than” to “Act)” and the proviso. | ||
In section 196(1), the proviso. | ||
Section 225. | ||
Section 226. | ||
Section 227. | ||
In section 235, the words from “but in regard” to the end. | ||
Section 236C. | ||
Section 237. | ||
In section 238, in subsection (2), the words “or of any application for leave to appeal” and, in paragraphs (a)(i) and (b)(i), the words “or application”. | ||
In section 239, in subsection (1), the words from “and” in the second place where it occurs to the end; and subsection (2). | ||
In section 240, the words from “except” where it first occurs to the end. | ||
Section 246. | ||
Section 256. | ||
Section 259. | ||
Section 265(3) and (5). | ||
In section 270, in subsection (2) the words from “(or any” to “note of appeal)” where first occurring and from “(or in the case” to “note of appeal)” where second occurring; in subsection (3), the words from “(or in the case” to “note of appeal)”; and in subsection (4), the words from “(or in the case” to “note of appeal)”. | ||
Section 272. | ||
Section 273. | ||
Section 276. | ||
In section 277, in subsection (2), the words “section 236C”, “section 237”, “section 246”, “section 259”, “section 272” and “section 273”. | ||
Section 282. | ||
Section 289D(1A)(d). | ||
In section 296, in subsections (1) and (2), the words “sitting summarily” in each place where they occur. | ||
In section 300(4), the words from “, or where” to “96 hours,”. | ||
In section 309(1), the words “Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 310, the words “Part I of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 311, in subsection (1), the words from “in” where it first occurs to the end; and subsections (4) and (5). | ||
Section 313. | ||
In section 314(1)(d), the words “or interim order”. | ||
In section 315(2), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 318(2), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 and the corresponding forms contained in”. | ||
In section 319(1), the words “other than a witness”. | ||
In section 321, in subsection (1), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”; and in subsection (3), the words “either by way of trial or by way of remit to another court”. | ||
Section 323(3). | ||
Section 331(2). | ||
In section 335(1), the words “penalty or”. | ||
Section 336. | ||
In section 337A(1), the word “and” immediately following paragraph (a). | ||
In section 344(1), the words “or to produce documents in his possession when required by the court,”. | ||
Section 345. | ||
Section 346(1)(b). | ||
In section 354(1), the proviso. | ||
Section 356(1) and (3). | ||
In section 357, in subsection (1)(a), the words “Form No. 2 or 3 of Part III of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or of”; and subsection (4). | ||
Section 360. | ||
In section 360A, in subsection (1)(b), the words from “as” to the end; and subsection (2). | ||
Section 366(2). | ||
Section 376(2). | ||
In section 379(1), the words “either” and “or during such period as may be specified in the order”. | ||
In section 384, in subsection (1), the words from “and”, where it first occurs, to “offence” in the third place where it occurs; in subsection (5A)(a), the words “has committed an offence punishable by imprisonment and”; in subsection (6), the words “convicted of and”; and in subsection (7) the words “to the probationer”. | ||
In section 387(1), the words “on oath”. | ||
Section 391. | ||
In section 392, in subsection (4), the words “placed on probation or”; and in subsection (5), the words “placed on probation or” and “probation order or”. | ||
In section 393, the words from “(other than” to “Act)” and the proviso. | ||
In section 396(7), the words “, subject to any rules under this Part of this Act”. | ||
In section 402, the proviso. | ||
In section 406, the words “damages or expenses,”. | ||
In section 413(1), the words from “and shall” to the end. | ||
In section 430(1), the words “Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 432(1), the words from “and”, where it second occurs, to the end. | ||
Section 435. | ||
In section 440, the words “Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 441, the words from “, although” to “place,”. | ||
In section 453(4)(a)(i), the word “and”. | ||
In section 454(1), the words “at the trial by the solicitor of the accused”. | ||
Section 457. | ||
In section 462, in subsection (1), in the definition of “prosecutor”, the words “private prosecutor,” in the second place where they occur; and subsection (10). | ||
Schedule 3. | ||
1976 c.67. | The Sexual Offences (Scotland) Act 1976. | In section 4(1), in the proviso, the words “on indictment”. |
1980 c.62. | The Criminal Justice (Scotland) Act 1980. | In section 26, in subsection (2), the word “summary” and the words from “In the foregoing” to the end; in subsection (4), the words from “or of a conviction” to “(8) below,”; and in subsection (5), the words “under summary procedure”. |
In Schedule 4, paragraph 20. | ||
1984 c.36. | The Mental Health (Scotland) Act 1984. | In section 67(1), paragraph (a)(ii) and the preceding “or”, and the words from “or the order” to the end. |
1986 c.36. | The Incest and Related Offences (Scotland) Act 1986. | In Schedule 1, paragraph 2. |
1986 c.47. | The Legal Aid (Scotland) Act 1986. | In section 25(2), the words “the Board is satisfied”. |
1988 c.53. | The Road Traffic Offenders Act 1988. | In section 31(2), the words “penalties and”. |
In section 32(6), the words “penalties and”. | ||
1990 c.40. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. | In section 56(2), the word “and” immediately following paragraph (a). |
In section 58, the words “cited to give evidence in a trial”. | ||
1993 c.9. | The Prisoners and Criminal Proceedings (Scotland) Act 1993. | In section 28(3), the words “or 384(1) (probation)”. |
In section 33(1), the words from the beginning to “and” where it first occurs. | ||
In Schedule 5, paragraph 1(25)(a)(ii), (b)(i) and (c)(i), (26) and (28). | ||
1994 c.33. | The Criminal Justice and Public Order Act 1994. | In Schedule 10, paragraph 47. |
Modifications etc. (not altering text)
C1Repeal in Sch. 7 Pt. I restricted (31.8.1995) by S.I. 1995/2295, art. 6
Chapter | Short title | Extent of repeal |
---|---|---|
1975 c.21. | The Criminal Procedure (Scotland) Act 1975. | Section 223. |
Section 436. | ||
1987 c.41. | The Criminal Justice (Scotland) Act 1987. | Section 1(3). |
Section 3(5). | ||
In section 5, in subsection (5), paragraph (b); subsection (6); in subsection (7) the words “notwithstanding subsections (5)(b) and (6) above”; and subsection (8). | ||
In section 6, subsections (4) and (5). | ||
In section 7(2), in the entry relating to section 411, the words “except the proviso to subsection (3)”. | ||
In section 11, in subsection (1), in paragraph (ii), the words “where granted under subsection (1)(a) above,”; in subsections (4) and (5), the words “or arrestment” in each place where they occur; and subsection (6). | ||
In section 12, in subsection (1), the words from “and the clerk of court” to the end. | ||
In section 14(1)(c) the words from “and, without” to the end of the paragraph. | ||
In section 23(6) the words from “and without” to “family” and the words “(other than an obligation having priority, within the meaning of section 5(8) of this Act)”. | ||
In section 26, in subsection (2)(b), the word “substantial”; and in subsection (4), after paragraph (c) the word “and”. | ||
In section 30, in subsection (1), paragraphs (b)(i) and (c) and the word “and” immediately preceding paragraph (c). | ||
In section 41(2), the words from the end of paragraph (b) to the end of the subsection. | ||
In section 47(1) the definition of “associate”. | ||
1988 c.33. | The Criminal Justice Act 1988. | Sections 90 to 93. |
Section 95. | ||
1989 c.4. | The Prevention of Terrorism (Temporary Provisions) Act 1989. | In Schedule 4, in paragraph 16, sub-paragraph (1)(b); in sub-paragraph (2)(b) the words “where granted under sub-paragraph (1)(a) above,”; and in sub-paragraphs (5) and (6), the words “or arrestment”, in each place where they occur. |
1990 c.5. | The Criminal Justice (International Co-operation) Act 1990. | Section 17. |
1991 c.40. | The Road Traffic Act 1991. | Section 37. |
Section 117.
Commencement Information
I1Sch. 7 Pt. I wholly in force at 31.3.1996; Sch. 7 Pt. I not in force at Royal Assent see s. 118(2); Sch. 7 Pt. I in force for certain purposes at 26.9.1995 by S.I. 1995/2295, art. 3(2), Sch.; Sch. 7 Pt. I in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3(2)
Chapter | Short title | Extent of repeal |
---|---|---|
1887 c.35. | The Criminal Procedure (Scotland) Act 1887. | Section 3. |
Schedule D. | ||
Schedule E. | ||
Schedule N. | ||
Schedule O. | ||
1949 c.94. | The Criminal Justice (Scotland) Act 1949. | Schedule 7. |
1954 c.48. | The Summary Jurisdiction (Scotland) Act 1954. | In Schedule 2, Parts I and III to VI. |
Schedule 3. | ||
1967 c.80. | The Criminal Justice Act 1967. | In section 69(2), the words “, section 40 of the Prisons (Scotland) Act 1989”. |
1975 c.21. | The Criminal Procedure (Scotland) Act 1975. | Section 14(3). |
Section 20(2). | ||
In section 26(3), the words “or justice”. | ||
In section 33, in subsection (1), the words from “or where” to “application,”; and in subsection (2), the words “by telegraph”. | ||
Section 62. | ||
In section 68, in each of subsections (2) and (4), the words “of Form No.1 of Schedule 7 to the Criminal Justice (Scotland) Act 1949 or in the form”. | ||
In section 69, the words from “and” in the third place where it occurs to “Act” in the fourth place where it occurs, and the words from “The executions” to the end. | ||
In section 73(1), the words from “, unless” to the end. | ||
In section 100, in subsection (1), the words from “but” to the end; and subsections (2) and (3). | ||
Section 110. | ||
In section 124, the proviso. | ||
In section 127(2), the words “Schedule N to the Criminal Procedure (Scotland) Act 1887 or in”. | ||
Section 130(1) to (3). | ||
Section 132(2). | ||
In section 140A(1)(b), the words “were the offence charged the only offence so charged”. | ||
Section 141(1)(b). | ||
Section 144. | ||
Section 145(4). | ||
Section 146. | ||
In section 150(1), the words “, where the accused is legally represented,”. | ||
In section 153, subsection (1) and, in subsection (3)(b)(ii), the words from “(as” to the end. | ||
In section 156, in subsection (1)(b), the words from “, as” to the end; and subsections (4) and (5). | ||
In section 157, in subsection (1), the words “through his counsel”, “in which the panel has pleaded guilty under section 102 of this Act” and “(other than a trial for murder)”; and subsection (2). | ||
Section 159(1) and (3). | ||
Section 160(3). | ||
Section 163. | ||
In section 174, subsections (3) and (4). | ||
In section 178(1), the words “either” and “or during such period as may be specified in the order”. | ||
In section 183, in subsection (5A)(a), the words “has committed an offence punishable by imprisonment and”; and in subsection (7) the words “to the probationer”. | ||
In section 186(1), the words “on oath”. | ||
Section 190. | ||
In section 191(4), the words “placed on probation or” and “probation order or”. | ||
In section 192, the words from “(other than” to “Act)” and the proviso. | ||
In section 196(1), the proviso. | ||
Section 225. | ||
Section 226. | ||
Section 227. | ||
In section 235, the words from “but in regard” to the end. | ||
Section 236C. | ||
Section 237. | ||
In section 238, in subsection (2), the words “or of any application for leave to appeal” and, in paragraphs (a)(i) and (b)(i), the words “or application”. | ||
In section 239, in subsection (1), the words from “and” in the second place where it occurs to the end; and subsection (2). | ||
In section 240, the words from “except” where it first occurs to the end. | ||
Section 246. | ||
Section 256. | ||
Section 259. | ||
Section 265(3) and (5). | ||
In section 270, in subsection (2) the words from “(or any” to “note of appeal)” where first occurring and from “(or in the case” to “note of appeal)” where second occurring; in subsection (3), the words from “(or in the case” to “note of appeal)”; and in subsection (4), the words from “(or in the case” to “note of appeal)”. | ||
Section 272. | ||
Section 273. | ||
Section 276. | ||
In section 277, in subsection (2), the words “section 236C”, “section 237”, “section 246”, “section 259”, “section 272” and “section 273”. | ||
Section 282. | ||
Section 289D(1A)(d). | ||
In section 296, in subsections (1) and (2), the words “sitting summarily” in each place where they occur. | ||
In section 300(4), the words from “, or where” to “96 hours,”. | ||
In section 309(1), the words “Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 310, the words “Part I of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 311, in subsection (1), the words from “in” where it first occurs to the end; and subsections (4) and (5). | ||
Section 313. | ||
In section 314(1)(d), the words “or interim order”. | ||
In section 315(2), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 318(2), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 and the corresponding forms contained in”. | ||
In section 319(1), the words “other than a witness”. | ||
In section 321, in subsection (1), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”; and in subsection (3), the words “either by way of trial or by way of remit to another court”. | ||
Section 323(3). | ||
Section 331(2). | ||
In section 335(1), the words “penalty or”. | ||
Section 336. | ||
In section 337A(1), the word “and” immediately following paragraph (a). | ||
In section 344(1), the words “or to produce documents in his possession when required by the court,”. | ||
Section 345. | ||
Section 346(1)(b). | ||
In section 354(1), the proviso. | ||
Section 356(1) and (3). | ||
In section 357, in subsection (1)(a), the words “Form No. 2 or 3 of Part III of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or of”; and subsection (4). | ||
Section 360. | ||
In section 360A, in subsection (1)(b), the words from “as” to the end; and subsection (2). | ||
Section 366(2). | ||
Section 376(2). | ||
In section 379(1), the words “either” and “or during such period as may be specified in the order”. | ||
In section 384, in subsection (1), the words from “and”, where it first occurs, to “offence” in the third place where it occurs; in subsection (5A)(a), the words “has committed an offence punishable by imprisonment and”; in subsection (6), the words “convicted of and”; and in subsection (7) the words “to the probationer”. | ||
In section 387(1), the words “on oath”. | ||
Section 391. | ||
In section 392, in subsection (4), the words “placed on probation or”; and in subsection (5), the words “placed on probation or” and “probation order or”. | ||
In section 393, the words from “(other than” to “Act)” and the proviso. | ||
In section 396(7), the words “, subject to any rules under this Part of this Act”. | ||
In section 402, the proviso. | ||
In section 406, the words “damages or expenses,”. | ||
In section 413(1), the words from “and shall” to the end. | ||
In section 430(1), the words “Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 432(1), the words from “and”, where it second occurs, to the end. | ||
Section 435. | ||
In section 440, the words “Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in”. | ||
In section 441, the words from “, although” to “place,”. | ||
In section 453(4)(a)(i), the word “and”. | ||
In section 454(1), the words “at the trial by the solicitor of the accused”. | ||
Section 457. | ||
In section 462, in subsection (1), in the definition of “prosecutor”, the words “private prosecutor,” in the second place where they occur; and subsection (10). | ||
Schedule 3. | ||
1976 c.67. | The Sexual Offences (Scotland) Act 1976. | In section 4(1), in the proviso, the words “on indictment”. |
1980 c.62. | The Criminal Justice (Scotland) Act 1980. | In section 26, in subsection (2), the word “summary” and the words from “In the foregoing” to the end; in subsection (4), the words from “or of a conviction” to “(8) below,”; and in subsection (5), the words “under summary procedure”. |
In Schedule 4, paragraph 20. | ||
1984 c.36. | The Mental Health (Scotland) Act 1984. | In section 67(1), paragraph (a)(ii) and the preceding “or”, and the words from “or the order” to the end. |
1986 c.36. | The Incest and Related Offences (Scotland) Act 1986. | In Schedule 1, paragraph 2. |
1986 c.47. | The Legal Aid (Scotland) Act 1986. | In section 25(2), the words “the Board is satisfied”. |
1988 c.53. | The Road Traffic Offenders Act 1988. | In section 31(2), the words “penalties and”. |
In section 32(6), the words “penalties and”. | ||
1990 c.40. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. | In section 56(2), the word “and” immediately following paragraph (a). |
In section 58, the words “cited to give evidence in a trial”. | ||
1993 c.9. | The Prisoners and Criminal Proceedings (Scotland) Act 1993. | In section 28(3), the words “or 384(1) (probation)”. |
In section 33(1), the words from the beginning to “and” where it first occurs. | ||
In Schedule 5, paragraph 1(25)(a)(ii), (b)(i) and (c)(i), (26) and (28). | ||
1994 c.33. | The Criminal Justice and Public Order Act 1994. | In Schedule 10, paragraph 47. |
Modifications etc. (not altering text)
C1Repeal in Sch. 7 Pt. I restricted (31.8.1995) by S.I. 1995/2295, art. 6
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: