Criminal Justice (Scotland) Act 1995

Valid from 31/03/1996

114 Interpretation of Part II. S

(1) In this Part of this Act, unless the context otherwise requires—

• “the 1987 Act” means the M1 Criminal Justice (Scotland) Act 1987;

• “the 1988 Act” means the M2 Criminal Justice Act 1988;

• “the 1989 Act” means the M3 Prevention of Terrorism (Temporary Provisions) Act 1989;

• “accused” includes a person against whom criminal proceedings have been instituted in relation to the commission of an offence and a person convicted of an offence;

• “clerk of court” includes the sheriff clerk;

• “confiscation order” means an order made under section 70(1), 77(4), 78(3) or 79 of this Act;

• “interest”, in relation to property, includes right;

• “property” has the meaning assigned by section 71 of this Act;

• “realisable property” has the meaning assigned by section 72 of this Act;

• “restraint order” means an order made under section 94 of this Act;

• “suspended forfeiture order” means an order made under section 87(2) of this Act.

(2) This Part of this Act shall (except where the context otherwise requires) be construed as one with the 1975 Act.

(3) For the purposes of this Part of this Act proceedings for an offence are instituted against a person—

(a) on his arrest without warrant;

(b) when he is charged with the offence without being arrested;

(c) when a warrant to arrest him is granted;

(d) when a warrant to cite him is granted;

(e) in summary proceedings, on the first calling of the case; or

(f) when a petition is intimated to him or an indictment or a complaint is served on him,

and, where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to be instituted at the earliest of those times.

(4) Any reference in this Part of this Act to a conviction of an offence includes a reference to a finding that the offence has been committed.

Marginal Citations

M1 1987 c. 41.

M2 1988 c. 33.

M3 1989 c. 4.