Criminal Procedure (Scotland) Act 1995

1. Introductory Text

2. Part I Criminal Courts

   1. Jurisdiction and Powers

      1. The High Court

         1. 1. Judges in the High Court.

         2. 2. Fixing of High Court sittings.

      2. Solemn courts: general

         1. 3. Jurisdiction and powers of solemn courts.

      3. The sheriff

         1. 4. Territorial jurisdiction of sheriff.

         2. 5. The sheriff: summary jurisdiction and powers.

      4. District courts

         1. 6. District courts: area, constitution and prosecutor.

         2. 7. District court: jurisdiction and powers.

      5. Sittings of sheriff and district courts

         1. 8. Sittings of sheriff and district courts.

      6. Territorial jurisdiction: general

         1. 9. Boundaries of jurisdiction.

         2. 9A. Competence of justice’s actings outwith jurisdiction

         3. 10. Crimes committed in different districts.

         4. 10A. Jurisdiction for transferred cases

         5. 11. Certain offences committed outside Scotland.

         6. 11A. Conspiracy to commit offences outside the United Kingdom.

3. PART II Police Functions

   1. Lord Advocate’s instructions

      1. 12. Instructions by Lord Advocate as to reporting of offences.

   2. Detention and questioning

      1. 13. Powers relating to suspects and potential witnesses.

      2. 14. Detention and questioning at police station.

      3. 14A. Extension of period of detention under section 14

      4. 14B. Extension under section 14A: procedure

      5. 15. Rights of person arrested or detained.

      6. 15A. Right of suspects to have access to a solicitor

      7. 16. Drunken persons: power to take to designated place.

   3. Arrest: access to solicitor

      1. 17. Right of accused to have access to solicitor.

      2. 17A. Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest

   4. Prints and samples

      1. 18. Prints, samples etc. in criminal investigations.

      2. 18A. Retention of samples etc.: prosecutions for sexual and violent offences

      3. 18B. Retention of samples etc. where offer under sections 302 to 303ZA accepted

      4. 18C. Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences

      5. 18D. Retention of samples etc. taken or provided in connection with certain fixed penalty offences

      6. 18E. Retention of samples etc.: children referred to children's hearings

      7. 18F. Retention of samples etc. relating to children: appeals

      8. 19. Prints, samples etc. in criminal investigations: supplementary provisions.

      9. 19A. Samples etc. from persons convicted of sexual and violent offences.

      10. 19AA. Samples etc. from sex offenders

      11. 19AB. Section 19AA: supplementary provision in risk of sexual harm order cases

      12. 19B. Power of constable in obtaining relevant physical data etc.

      13. 19C. Sections 18 and 19 to 19AA: use of samples etc.

      14. 20. Use of prints, samples etc.

   5. Testing for Class A drugs

      1. 20A. Arrested persons: testing for certain Class A drugs

      2. 20B. Section 20A: supplementary

   6. Schedule 1 offences

      1. 21. Schedule 1 offences: power of constable to take offender into custody.

   7. Police liberation

      1. 22. Liberation by police.

      2. 22ZA. Offences where undertaking breached

      3. 22ZB. Evidential and procedural provision

4. PART III Bail

   1. 22A. Consideration of bail on first appearance

   2. 23. Bail applications.

   3. 23A. Bail and liberation where person already in custody

   4. 23B. Entitlement to bail and the court's function

   5. 23C. Grounds relevant as to question of bail

   6. 23D. Restriction on bail in certain solemn cases

   7. 24. Bail and bail conditions.

   8. 24B. Regulations as to power to impose remote monitoring requirements under section 24A

   9. 24C. Monitoring of compliance in pursuance of requirements imposed under section 24A

   10. 24D. Remote monitoring

   11. 24E. Documentary evidence in proceedings for breach of bail conditions being remotely monitored

   12. 24A. Bail: extradition proceedings

   13. 25. Bail conditions: supplementary.

   14. 25A. Failure to accept conditions of bail under section 65(8C): continued detention of accused

   15. 26. Bail: circumstances where not available.

   16. 27. Breach of bail conditions: offences.

   17. 28. Breach of bail conditions: arrest of offender, etc.

   18. 29. Bail: monetary conditions.

   19. 30. Bail review.

   20. 31. Bail review on prosecutor’s application.

   21. 32. Bail appeal.

   22. 32A. Bail after conviction: prosecutor's attitude

   23. 33. Bail: no fees exigible.

5. PART IV Petition Procedure

   1. Warrants

      1. 34. Petition for warrant.

   2. Petition proceedings outwith sheriffdom

      1. 34A. Petition proceedings outwith sheriffdom

   3. Judicial examination

      1. 35. Judicial examination.

      2. 36. Judicial examination: questioning by prosecutor.

      3. 37. Judicial examination: record of proceedings.

      4. 38. Judicial examination: rectification of record of proceedings.

      5. 39. Judicial examination: charges arising in different districts.

   4. Committal

      1. 40. Committal until liberated in due course of law.

6. PART V Children and Young Persons

   1. 41. Age of criminal responsibility.

   2. 41A. Prosecution of children under 12

   3. 42. Prosecution of children.

   4. 43. Arrangements where children arrested.

   5. 44. Detention of children.

   6. 45. Security for child’s good behaviour.

   7. 46. Presumption and determination of age of child.

   8. 47. Restriction on report of proceedings involving children.

   9. 48. Power to refer certain children to reporter.

   10. 49. Reference or remit to children’s hearing.

   11. 50. Children and certain proceedings.

   12. 51. Remand and committal of children and young persons.

7. PART VI Mental Disorder

   1. Criminal responsibility of mentally disordered persons

      1. 51A. Criminal responsibility of persons with mental disorder

   2. Diminished responsibility

      1. 51B. Diminished responsibility

   3. Committal of mentally disordered persons

      1. 52. Power of court to commit to hospital an accused suffering from mental disorder.

   4. Remit of mentally disordered persons from district court

      1. 52A. Remit of certain mentally disordered persons from district court to sheriff court

   5. Assessment orders

      1. 52B. Prosecutor’s power to apply for assessment order

      2. 52C. Scottish Ministers' power to apply for assessment order

      3. 52D. Assessment order

      4. 52E. Assessment order made ex proprio motu: application of section 52D

      5. 52F. Assessment order: supplementary

      6. 52G. Review of assessment order

      7. 52H. Early termination of assessment order

      8. 52J. Power of court on assessment order ceasing to have effect

   6. Treatment orders

      1. 52K. Prosecutor’s power to apply for treatment order

      2. 52L. Scottish Ministers' power to apply for treatment order

      3. 52M. Treatment order

      4. 52N. Treatment order made ex proprio motu: application of section 52M

      5. 52P. Treatment order: supplementary

      6. 52Q. Review of treatment order

      7. 52R. Termination of treatment order

      8. 52S. Power of court on treatment order ceasing to have effect

   7. Prevention of delay in trials

      1. 52T. Prevention of delay in trials: assessment orders and treatment orders

   8. Effect of assessment and treatment orders on pre-existing mental health orders

      1. 52U. Effect of assessment order and treatment order on pre-existing mental health order

   9. Interim hospital orders

      1. 53. Interim hospital orders.

      2. 53A. Interim compulsion order: supplementary

      3. 53B. Review and extension of interim compulsion order

      4. 53C. Early termination of interim compulsion order

      5. 53D. Power of court on interim compulsion order ceasing to have effect

   10. Acquittal involving mental disorder

       1. 53E. Acquittal involving mental disorder

   11. Unfitness for trial

       1. 53F. Unfitness for trial

   12. Insanity in bar of trial

       1. 54. Insanity in bar of trial.

   13. Examination of facts

       1. 55. Examination of facts.

       2. 56. Examination of facts: supplementary provisions.

   14. Disposal in case of insanity

       1. 57. Disposal of case where accused found to be insane.

   15. Compulsion orders

       1. 57A. Compulsion order

       2. 57B. Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision

       3. 57C. Mental health officer’s report

       4. 57D. Compulsion order: supplementary

   16. Hospital orders and guardianship

       1. 58. Order for hospital admission or guardianship.

       2. 58A. Application of Adults with Incapacity (Scotland) Act 2000

       3. 59. Hospital orders: restrictions on discharge.

       4. 59A. Hospital directions.

       5. 60. Appeals against hospital orders.

       6. 60A. Appeal by prosecutor against hospital orders etc.

       7. 60B. Intervention orders

       8. 60C. Acquitted persons: detention for medical examination

       9. 60D. Notification of detention under section 60C

   17. Hospital directions

       1. 59B. Hospital direction: mental health officer’s report

       2. 59C. Hospital direction: supplementary

   18. Medical evidence

       1. 61. Requirements as to medical evidence.

   19. Appeals under Part VI

       1. 62. Appeal by accused in case involving insanity.

       2. 63. Appeal by prosecutor in case involving insanity.

8. PART VII Solemn Proceedings

   1. The indictment

      1. 64. Prosecution on indictment.

      2. 65. Prevention of delay in trials.

      3. 66. Service and lodging of indictment, etc.

      4. 67. Witnesses.

      5. 67A. Failure of witness to attend for, or give evidence on, precognition.

      6. 68. Productions.

      7. 69. Notice of previous convictions.

      8. 70. Proceedings against bodies corporate.

      9. 70A. Defence statements

   2. Pre-trial proceedings

      1. 71. First diet.

      2. 71A. Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence

      3. 72. Preliminary diet: notice

      4. 72A. Pre-trial diet: inquiry about legal representation of accused in cases of sexual offences

      5. 72B. Power to dispense with preliminary hearing

      6. 72C. Procedure where preliminary hearing does not proceed

      7. 72D. Preliminary hearing: further provision

      8. 72E. Written record of state of preparation in certain cases

      9. 72F. Engagement, dismissal and withdrawal of solicitor representing accused

      10. 72G. Service etc. on accused through a solicitor

      11. 73. Preliminary diet: procedure.

      12. 74. Appeals in connection with preliminary diets.

      13. 75. Computation of certain periods.

   3. Adjournment and alteration of diets

      1. 75A. Adjournment and alteration of diets

      2. 75B. Refixing diets

   4. Plea of guilty

      1. 76. Procedure where accused desires to plead guilty.

      2. 77. Plea of guilty.

   5. Notice by accused

      1. 78. Special defences, incrimination and notice of witnesses, etc.

      2. 79. Preliminary pleas.

      3. 79A. Objections to admissibility of evidence raised after first diet or preliminary hearing

   6. Alteration, etc, of diet

      1. 80. Alteration and postponement of trial diet.

      2. 81. Procedure where trial does not take place.

      3. 82. Desertion or postponement where accused in custody.

      4. 83. Transfer of sheriff court solemn proceedings.

   7. Continuation of trial diet in the High Court

      1. 83A. Continuation of trial diet in the High Court

   8. Jurors for sittings

      1. 84. Juries: returns of jurors and preparation of lists.

      2. 85. Juries: citation and attendance of jurors.

      3. 86. Jurors: excusal and objections.

   9. Non-availability of judge

      1. 87. Non-availability of judge.

      2. 87A. Disposal of preliminary matters at trial diet

   10. Jury for trial

       1. 88. Plea of not guilty, balloting and swearing of jury, etc.

       2. 89. Jury to be informed of special defence.

       3. 90. Death or illness of jurors.

   11. Obstructive witnesses

       1. 90A. Apprehension of witnesses in proceedings on indictment

       2. 90B. Orders in respect of witnesses apprehended under section 90A

       3. 90C. Breach of bail under section 90B(1)(b)

       4. 90D. Review of orders under section 90B(1)(a) or (b)

       5. 90E. Appeals in respect of orders under section 90B(1)

   12. Trial

       1. 91. Trial to be continuous.

       2. 92. Trial in presence of accused.

       3. 93. Record of trial.

       4. 94. Transcripts of record and documentary productions.

       5. 95. Verdict by judge alone.

       6. 96. Amendment of indictment.

       7. 97. No case to answer.

       8. 97A. Submissions as to sufficiency of evidence

       9. 97B. Acquittals etc. on section 97A(2)(a) submissions

       10. 97C. Directions etc. on section 97A(2)(b) submissions

       11. 97D. No acquittal on “no reasonable jury” grounds

       12. 98. Defence to speak last.

       13. 99. Seclusion of jury to consider verdict.

   13. Verdict and conviction

       1. 100. Verdict of jury.

       2. 101. Previous convictions: solemn proceedings.

       3. 101A. Post-offence convictions etc.

       4. 102. Interruption of trial for other proceedings.

   14. Failure of accused to appear

       1. 102A. Failure of accused to appear

9. PART VIII Appeals from Solemn Proceedings

   1. 103. Appeal sittings.

   2. 104. Power of High Court in appeals.

   3. 105. Appeal against refusal of application.

   4. 105A. Appeal against granting of application

   5. 106. Right of appeal.

   6. 106A. Appeal against automatic sentences where earlier conviction quashed.

   7. 107. Leave to appeal.

   8. 107A. Prosecutor's right of appeal: decisions on section 97 and 97A submissions

   9. 107B. Prosecutor's right of appeal: decisions on admissibility of evidence

   10. 107C. Appeals under section 107A and 107B: general provisions

   11. 107D. Expedited appeals

   12. 107E. Other appeals under section 107A: appeal against acquittal

   13. 107F. Other appeals under section 107A or 107B: appeal against directions etc.

   14. 108. Lord Advocate’s appeal against sentence.

   15. 108A. Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.

   16. 109. Intimation of intention to appeal.

   17. 110. Note of appeal.

   18. 111. Provisions supplementary to sections 109 and 110.

   19. 112. Admission of appellant to bail.

   20. 113. Judge’s report.

   21. 113A. Judge's observations in expedited appeal

   22. 114. Applications made orally or in writing.

   23. 115. Presentation of appeal in writing.

   24. 116. Abandonment of appeal.

   25. 117. Presence of appellant or applicant at hearing.

   26. 118. Disposal of appeals.

   27. 119. Provision where High Court authorises new prosecution.

   28. 120. Appeals: supplementary provisions.

   29. 121. Suspension of disqualification, forfeiture, etc.

   30. 121A. Suspension of certain sentences pending determination of appeal.

   31. 122. Fines and caution.

   32. 123. Lord Advocate’s reference.

   33. 124. Finality of proceedings and Secretary of State’s reference.

   34. 125. Reckoning of time spent pending appeal.

   35. 126. Extract convictions.

   36. 127. Forms in relation to appeals.

   37. 128. Fees and expenses.

   38. 129. Non-compliance with certain provisions may be waived.

   39. 130. Bill of suspension not competent.

   40. 131. Prosecution appeal by bill of advocation.

   41. 132. Interpretation of Part VIII.

10. PART IX Summary Proceedings

    1. General

       1. 133. Application of Part IX of Act.

       2. 134. Incidental applications.

       3. 135. Warrants of apprehension and search.

       4. 136. Time limit for certain offences.

       5. 136A. Time limits for transferred and related cases

       6. 136B. Time limits where fixed penalty offer etc. made

       7. 137. Alteration of diets.

       8. 137ZA. Refixing diets

       9. 137A. Transfer of sheriff court summary proceedings within sheriffdom

       10. 137B. Transfer of sheriff court summary proceedings outwith sheriffdom

       11. 137C. Custody cases: initiating proceedings outwith sheriffdom

       12. 137CA. Transfer of JP court proceedings within sheriffdom

       13. 137CB. Transfer of JP court proceedings outwith sheriffdom

       14. 137CC. Custody cases: initiating JP court proceedings outwith sheriffdom

       15. 137D. Transfer of JP court proceedings to the sheriff court

    2. Complaints

       1. 138. Complaints.

       2. 139. Complaints: orders and warrants.

    3. Citation

       1. 140. Citation.

       2. 141. Manner of citation.

    4. Children

       1. 142. Summary proceedings against children.

    5. Companies

       1. 143. Prosecution of companies, etc.

    6. First diet

       1. 144. Procedure at first diet.

       2. 145. Adjournment for inquiry at first calling.

       3. 145ZA. Adjournment where assessment order made at first calling

       4. 145A. Adjournment at first calling to allow accused to appear etc.

       5. 146. Plea of not guilty.

    7. Pre-trial procedure

       1. 147. Prevention of delay in trials.

       2. 148. Intermediate diet.

       3. 148A. Interim diet: sexual offence to which section 288C of this Act applies

       4. 148B. Pre-trial procedure in sheriff court where no intermediate diet is fixed

       5. 148C. Engagement, dismissal and withdrawal of solicitor representing accused

       6. 148D. Service etc. on accused through a solicitor

       7. 149. Alibi.

       8. 149A. Notice of defence plea of consent

       9. 149B. Notice of defences

    8. Failure of accused to appear

       1. 150. Failure of accused to appear.

       2. 150A. Proceedings in absence of accused

    9. Non-availability of judge

       1. 151. Death, illness or absence of judge.

    10. Trial diet

        1. 152. Desertion of diet.

        2. 152A. Complaints triable together

        3. 153. Trial in presence of accused.

        4. 154. Proof of official documents.

        5. 155. Punishment of witness for contempt.

        6. 156. Apprehension of witness.

        7. 156A. Orders in respect of witnesses apprehended under section 156

        8. 156B. Breach of bail under section 156A(1)(b)

        9. 156C. Review of orders under section 156A(1)(a) or (b)

        10. 156D. Appeals in respect of orders under section 156A(1)

        11. 157. Record of proceedings.

        12. 158. Interruption of summary proceedings for verdict in earlier trial.

        13. 159. Amendment of complaint.

        14. 160. No case to answer.

        15. 161. Defence to speak last.

    11. Verdict and conviction

        1. 162. Judges equally divided.

        2. 163. Conviction: miscellaneous provisions.

        3. 164. Conviction of part of charge.

        4. 165. “Conviction” and “sentence” not to be used for children.

        5. 166. Previous convictions: summary proceedings

        6. 166A. Post-offence convictions

        7. 166B. Charges which disclose convictions

        8. 167. Forms of finding and sentence.

        9. 168. Caution.

        10. 169. Detention in precincts of court.

    12. Miscellaneous

        1. 170. Damages in respect of summary proceedings.

        2. 171. Recovery of penalties.

        3. 172. Forms of procedure.

11. PART X Appeals from Summary Proceedings

    1. General

       1. 173. Quorum of High Court in relation to appeals.

       2. 174. Appeals relating to preliminary pleas.

       3. 175. Right of appeal.

    2. Stated case

       1. 176. Stated case: manner and time of appeal.

       2. 177. Procedure where appellant in custody.

       3. 178. Stated case: preparation of draft.

       4. 179. Stated case: adjustment and signature.

       5. 180. Leave to appeal against conviction etc.

       6. 181. Stated case: directions by High Court.

       7. 182. Stated case: hearing of appeal.

       8. 183. Stated case: disposal of appeal.

       9. 184. Abandonment of appeal.

    3. New prosecution

       1. 185. Authorisation of new prosecution.

    4. Appeals against sentence

       1. 186. Appeals against sentence only.

       2. 187. Leave to appeal against sentence.

    5. Disposal of appeals

       1. 188. Setting aside conviction or sentence: prosecutor’s consent or application.

       2. 189. Disposal of appeal against sentence.

       3. 190. Disposal of appeal where appellant insane.

    6. Miscellaneous

       1. 191. Appeal by suspension or advocation on ground of miscarriage of justice.

       2. 191A. Time limit for lodging bills of advocation and bills of suspension

       3. 192. Appeals: miscellaneous provisions.

       4. 193. Suspension of disqualification, forfeiture etc.

       5. 193A. Suspension of certain sentences pending determination of appeal.

       6. 194. Computation of time.

12. Part XA Scottish Criminal Cases Review Commission

    1. The Scottish Criminal Cases Review Commission

       1. 194A. Scottish Criminal Cases Review Commission.

    2. References to High Court

       1. 194B. Cases dealt with on indictment.

       2. 194C. Grounds for reference.

       3. 194D. Further provision as to references.

       4. 194DA. High Court's power to reject a reference made by the Commission

       5. 194E. Extension of Commission’s remit to summary cases.

       6. 194F. Further powers.

       7. 194G. Supplementary provision.

    3. Powers of investigation of Commission

       1. 194H. Power to request precognition on oath.

       2. 194I. Power to obtain documents etc.

       3. 194IA. Power to request assistance in obtaining information abroad

    4. Disclosure of information

       1. 194J. Offence of disclosure.

       2. 194K. Exceptions from obligations of non-disclosure.

       3. 194L. Consent to disclosure.

13. PART XI Sentencing

    1. General

       1. 195. Remit to High Court for sentence.

       2. 196. Sentence following guilty plea.

       3. 197. Sentencing guidelines.

       4. 198. Form of sentence.

       5. 199. Power to mitigate penalties.

    2. Pre-sentencing procedure

       1. 200. Remand for inquiry into physical or mental condition.

       2. 201. Power of court to adjourn case before sentence.

       3. 202. Deferred sentence.

       4. 203. Reports.

       5. 203A. Reports about organisations

    3. Imprisonment, etc.

       1. 204. Restrictions on passing sentence of imprisonment or detention.

       2. 204A. Restriction on consecutive sentences for released prisoners.

       3. 204B. Consecutive sentences: life prisoners etc.

       4. 205. Punishment for murder.

       5. 205B. Minimum sentence for third conviction of certain offences relating to drug trafficking.

       6. 205C. Meaning of “conviction” for purposes of sections 205A and 205B.

       7. 205D. Only one sentence of imprisonment for life to be imposed in any proceedings

       8. 206. Minimum periods of imprisonment.

       9. 207. Detention of young offenders.

       10. 208. Detention of children convicted on indictment.

       11. 209. Supervised release orders.

       12. 210. Consideration of time spent in custody.

       13. 210A. Extended sentences for sex and violent offenders.

       14. 210AA. Extended sentences for certain other offenders

    4. Risk assessment

       1. 210B. Risk assessment order

       2. 210C. Risk assessment report

       3. 210D. Interim hospital order and assessment of risk

       4. 210E. The risk criteria

       5. 210EA. Application of certain sections of this Act to proceedings under section 210C(7)

    5. Order for lifelong restriction etc.

       1. 210F. Order for lifelong restriction

       2. 210G. Disposal of case where certain orders not made

    6. Report of judge

       1. 210H. Report of judge

    7. Fines

       1. 211. Fines.

       2. 212. Fines in summary proceedings.

       3. 213. Remission of fines.

       4. 214. Fines: time for payment and payment by instalments.

       5. 215. Application for further time to pay fine.

       6. 216. Fines: restriction on imprisonment for default.

       7. 217. Fines: supervision pending payment.

       8. 218. Fines: supplementary provisions as to payment.

       9. 219. Fines: periods of imprisonment for non-payment.

       10. 220. Fines: part payment by prisoners.

       11. 221. Fines: recovery by civil diligence.

       12. 222. Transfer of fine orders.

       13. 223. Transfer of fines: procedure for clerk of court.

    8. Fines: discharge from imprisonment and penalties

       1. 224. Discharge from imprisonment to be specified.

       2. 225. Penalties: standard scale, prescribed sum and uprating.

       3. 226. Penalties: exceptionally high maximum fines.

    9. Enforcement of fines etc.: fines enforcement officers

       1. 226A. Fines enforcement officers

       2. 226B. Enforcement orders

       3. 226C. Variation for further time to pay

       4. 226D. Seizure of vehicles

       5. 226E. Deduction from benefits

       6. 226F. Powers of diligence

       7. 226G. Reference of case to court

       8. 226H. Review of actions of FEO

       9. 226HA Judicial co-operation in criminal matters: mutual recognition of financial...

       10. 226I. Enforcement of fines etc.: interpretation

    10. Caution

        1. 227. Caution.

    11. Community payback orders

        1. 227A. Community payback orders

        2. 227B. Community payback order: procedure prior to imposition

        3. 227C. Community payback order: responsible officer

        4. 227D. Community payback order: further provision

        5. 227E. Requirement to avoid conflict with religious beliefs, work etc.

        6. 227F. Payment of offenders' travelling and other expenses

    12. Offender supervision requirement

        1. 227G. Offender supervision requirement

    13. Compensation requirement

        1. 227H. Compensation requirement

    14. Unpaid work or other activity requirement

        1. 227I. Unpaid work or other activity requirement

        2. 227J. Unpaid work or other activity requirement: further provision

        3. 227K. Allocation of hours between unpaid work and other activity

        4. 227L. Time limit for completion of unpaid work or other activity

        5. 227M. Fine defaulters

        6. 227N. Offenders subject to more than one unpaid work or other activity requirement

        7. 227O. Rules about unpaid work and other activity

    15. Programme requirement

        1. 227P. Programme requirement

    16. Residence requirement

        1. 227Q. Residence requirement

    17. Mental health treatment requirement

        1. 227R. Mental health treatment requirement

        2. 227S. Mental health treatment requirements: medical evidence

        3. 227T. Power to change treatment

    18. Drug treatment requirement

        1. 227U. Drug treatment requirement

    19. Alcohol treatment requirement

        1. 227V. Alcohol treatment requirement

    20. Conduct requirement

        1. 227W. Conduct requirement

    21. Community payback orders: review, variation etc.

        1. 227X. Periodic review of community payback orders

        2. 227Y. Applications to vary, revoke and discharge community payback orders

        3. 227Z. Variation, revocation and discharge: court's powers

        4. 227ZA. Variation of community payback orders: further provision

        5. 227ZB. Change of offender's residence to new local authority area

    22. Breach of community payback order

        1. 227ZC. Breach of community payback order

        2. 227ZD. Breach of community payback order: further provision

    23. Restricted movement requirement

        1. 227ZE. Restricted movement requirement

        2. 227ZF. Restricted movement requirement: effect

        3. 227ZG. Restricted movement requirements: further provision

        4. 227ZH. Variation of restricted movement requirement

        5. 227ZI. Remote monitoring

        6. 227ZJ. Restricted movement requirements: Scottish Ministers' functions

        7. 227ZK. Documentary evidence in proceedings for breach of restricted movement requirement

    24. Local authorities: annual consultation about unpaid work

        1. 227ZL. Local authorities: annual consultations about unpaid work

    25. Annual reports on community payback orders

        1. 227ZM. Annual reports on community payback orders

    26. Community payback order: meaning of “the appropriate court”

        1. 227ZN. Meaning of “the appropriate court”

    27. Probation

        1. 228. Probation orders.

        2. 229. Probation orders: additional requirements.

        3. 229A. Probation progress review

        4. 230. Probation orders: requirement of treatment for mental condition.

        5. 230A. Requirement for remote monitoring in probation order

        6. 231. Probation orders: amendment and discharge.

        7. 232. Probation orders: failure to comply with requirement.

        8. 233. Probation orders: commission of further offence.

        9. 234. Probation orders: persons residing in England and Wales.

    28. Non-harassment orders

        1. 234A. Non-harassment orders.

        2. 234B. Drug treatment and testing order.

        3. 234C. Requirements and provisions of drug treatment and testing orders.

        4. 234CA. Requirement for remote monitoring in drug treatment and testing order

        5. 234D. Procedural matters relating to drug treatment and testing orders.

        6. 234E. Amendment of drug treatment and testing order.

        7. 234F. Periodic review of drug treatment and testing order.

        8. 234G. Breach of drug treatment testing order.

        9. 234H. Disposal on revocation of drugs treatment and testing order.

        10. 234J. Concurrent drug treatment and testing and probation orders.

        11. 234K. Drug treatment and testing orders: interpretation.

    29. Antisocial behaviour orders

        1. 234AA. Antisocial behaviour orders

        2. 234AB. Antisocial behaviour orders: notification

    30. Supervised attendance

        1. 235. Supervised attendance orders.

        2. 236. Supervised attendance orders in place of fines for 16 and 17 year olds.

        3. 237. Supervised attendance orders where court allows further time to pay fine.

    31. Community service by offenders

        1. 238. Community service orders.

        2. 239. Community service orders: requirements.

        3. 240. Community service orders: amendment and revocation etc.

        4. 241. Community service order: commission of offence while order in force.

        5. 242. Community service orders: persons residing in England and Wales.

        6. 243. Community service orders: persons residing in Northern Ireland.

        7. 244. Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.

        8. 245. Community service orders: rules, annual report and interpretation.

    32. Restriction of liberty orders

        1. 245A. Restriction of liberty orders.

        2. 245B. Monitoring of restriction of liberty orders.

        3. 245C. Remote monitoring.

        4. 245D. Concurrent probation and restriction of liberty orders.

        5. 245E. Variation of restriction of liberty order.

        6. 245F. Breach of restriction of liberty order.

        7. 245G. Disposal on revocation of restriction of liberty order.

        8. 245H. Documentary evidence in proceedings under section 245F.

        9. 245I. Procedure on variation or revocation of restriction of liberty order.

        10. 245J. Breach of certain orders: adjourning hearing and remanding in custody etc.

    33. Community reparation orders

        1. 245K. Community reparation orders

        2. 245L. Community reparation order: notification

        3. 245M. Failure to comply with community reparation order: extension of 12 month period

        4. 245N. Failure to comply with community reparation order: powers of court

        5. 245P. Extension, variation and revocation of order

        6. 245Q. Sections 245L, 245N and 245P: meaning of “appropriate court”

    34. Admonition and absolute discharge

        1. 246. Admonition and absolute discharge.

        2. 247. Effect of probation and absolute discharge.

    35. Disqualification

        1. 248. Disqualification where vehicle used to commit offence.

        2. 248A. General power to disqualify offenders.

        3. 248B. Power to disqualify fine defaulters.

        4. 248C. Application of sections 248A and 248B.

    36. Compensation

        1. 249. Compensation order against convicted person.

        2. 250. Compensation orders: supplementary provisions.

        3. 251. Review of compensation order.

        4. 252. Enforcement of compensation orders: application of provisions relating to fines.

        5. 253. Effect of compensation order on subsequent award of damages in civil proceedings.

    37. Forfeiture

        1. 254. Search warrant for forfeited articles.

14. PART XII Evidence

    1. Special capacity

       1. 255. Special capacity.

    2. Proof of age

       1. 255A. Proof of age.

    3. Agreed evidence

       1. 256. Agreements and admissions as to evidence.

       2. 257. Duty to seek agreement of evidence.

       3. 258. Uncontroversial evidence.

    4. Hearsay

       1. 259. Exceptions to the rule that hearsay evidence is inadmissible.

       2. 260. Admissibility of prior statements of witnesses.

       3. 261. Statements by accused.

       4. 262. Construction of sections 259 to 261.

    5. Witnesses

       1. 263. Examination of witnesses.

       2. 264. Spouse of accused a competent witness.

       3. 265. Witnesses not excluded for conviction, interest, relationship, etc.

       4. 266. Accused as witness.

       5. 267. Witnesses in court during trial.

       6. 267A. Citation of witnesses for precognition

    6. Identification procedures

       1. 267B. Order requiring accused to participate in identification procedure

    7. Additional evidence, etc.

       1. 268. Additional evidence.

       2. 269. Evidence in replication.

       3. 270. Evidence of criminal record and character of accused.

    8. Evidence of children

       1. 271. Evidence of children: special provisions.

       2. 271A. Child witnesses

       3. 271B. Further special provision for child witnesses under the age of 12

       4. 271C. Vulnerable witnesses other than child witnesses

       5. 271D. Review of arrangements for vulnerable witnesses

       6. 271E. Vulnerable witnesses: supplementary provision

       7. 271F. The accused

       8. 271G. Saving provision

       9. 271H. The special measures

       10. 271I. Taking of evidence by a commissioner

       11. 271J. Live television link

       12. 271K. Screens

       13. 271L. Supporters

       14. 271M. Giving evidence in chief in the form of a prior statement

    9. Witness anonymity orders

       1. 271N. Witness anonymity orders

       2. 271P. Applications

       3. 271Q. Making and determination of applications

       4. 271R. Conditions for making orders

       5. 271S. Relevant considerations

       6. 271T. Direction to jury

       7. 271U. Discharge and variation of order

       8. 271V. Appeals

       9. 271W. Appeal against the making of a witness anonymity order

       10. 271X. Appeal against the refusal to make a witness anonymity order

       11. 271Y. Appeal against a variation of a witness anonymity order

       12. 271Z. Appeal against a refusal to vary or discharge a witness anonymity order

    10. Evidence on commission and from abroad

        1. 272. Evidence by letter of request or on commission.

        2. 273. Television link evidence from abroad.

    11. Evidence from other parts of the United Kingdom

        1. 273A. Television link evidence from other parts of the United Kingdom

    12. Evidence relating to sexual offences

        1. 274. Restrictions on evidence relating to sexual offences.

        2. 275. Exceptions to restrictions under section 274.

        3. 275A. Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275

        4. 275B. Provisions supplementary to sections 275 and 275A

    13. Expert evidence as to subsequent behaviour of complainer

        1. 275C. Expert evidence as to subsequent behaviour of complainer in certain cases

    14. Biological material

        1. 276. Evidence of biological material.

    15. Transcripts and records

        1. 277. Transcript of police interview sufficient evidence.

        2. 278. Record of proceedings at examination as evidence.

    16. Documentary evidence

        1. 279. Evidence from documents.

    17. Evidence from certain official documents

        1. 279A. Evidence from certain official documents.

    18. Routine evidence

        1. 280. Routine evidence.

        2. 281. Routine evidence: autopsy and forensic science reports.

        3. 281A. Routine evidence: reports of identification prior to trial

    19. Sufficient evidence

        1. 282. Evidence as to controlled drugs and medicinal products.

        2. 283. Evidence as to time and place of video surveillance recordings.

        3. 284. Evidence in relation to fingerprints.

    20. Proof of previous convictions

        1. 285. Previous convictions: proof, general.

        2. 286. Previous convictions: proof in support of substantive charge.

        3. 286A. Proof of previous conviction by court in other member State

15. PART XIII Miscellaneous

    1. Lord Advocate

       1. 287. Demission of office by Lord Advocate.

       2. 288. Intimation of proceedings in High Court to Lord Advocate.

    2. Devolution issues

       1. 288A. Rights of appeal for Advocate General: devolution issues.

       2. 288B. Appeals to Judicial Committee of the Privy Council.

    3. Dockets and charges in sex cases

       1. 288BA. Dockets for charges of sexual offences

       2. 288BB. Mixed charges for sexual offences

       3. 288BC. Aggravation by intent to rape

    4. Trials for sexual offences

       1. 288C. Prohibition of personal conduct of defence in cases of certain sexual offences

       2. 288D. Appointment of solicitor by court in such cases

    5. Trials involving vulnerable witnesses

       1. 288E. Prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12

       2. 288F. Power to prohibit personal conduct of defence in other cases involving vulnerable witnesses

    6. Application of vulnerable witnesses provisions to proceedings in the district court

       1. 288G. Application of vulnerable witnesses provisions to proceedings in the district court

    7. Treason trials

       1. 289. Procedure and evidence in trials for treason.

    8. Certain rights of accused

       1. 290. Accused’s right to request identification parade.

       2. 291. Precognition on oath of defence witnesses.

    9. Mode of trial

       1. 292. Mode of trial of certain offences.

    10. Art and part and attempt

        1. 293. Statutory offences: art and part and aiding and abetting.

        2. 294. Attempt at crime.

    11. Legal custody

        1. 295. Legal custody.

    12. Warrants

        1. 296. Warrants for search and apprehension to be signed by judge.

        2. 297. Execution of warrants and service of complaints, etc.

        3. 297A. Re-execution of apprehension warrants

    13. Trial judge’s report

        1. 298. Trial judge’s report.

    14. Intimation of certain applications to the High Court

        1. 298A. Intimation of bills and of petitions to the nobile officium

    15. Correction of entries

        1. 299. Correction of entries.

        2. 300. Amendment of records of conviction and sentence in summary proceedings.

    16. Excusal of irregularities

        1. 300A. Power of court to excuse procedural irregularities

    17. Rights of audience

        1. 301. Rights of audience.

    18. Recovery of documents

        1. 301A. Recovery of documents

    19. Fixed penalties

        1. 302. Fixed penalty: conditional offer by procurator fiscal.

        2. 302A. Compensation offer by procurator fiscal

        3. 302B. Combined fixed penalty and compensation offer

        4. 302C. Recall of fixed penalty or compensation offer

        5. 303. Fixed penalty: enforcement.

        6. 303ZA. Work orders

        7. 303ZB. Setting aside of offers and orders

    20. Transfer of rights of appeal of deceased person

        1. 303A. Transfer of rights of appeal of deceased person.

    21. Electronic proceedings

        1. 303B. Electronic summary proceedings

16. PART XIV General

    1. 304. Criminal Courts Rules Council.

    2. 305. Acts of Adjournal.

    3. 306. Information for financial and other purposes.

    4. 307. Interpretation.

    5. 308. Construction of enactments referring to detention etc.

    6. 308A. Expressions relating to electronic proceedings

    7. 309. Short title, commencement and extent.

17. SCHEDULES

    1. SCHEDULE 1

       Offences Against Children Under the Age of 17 Years to which Special Provisions Apply

       1. 1. Any offence under Part I of the Criminal Law (Consolidation)...

       2. 1A. Any offence under section 18 (rape of a young child)...

       3. 1B. Any offence under section 19 (sexual assault on a young...

       4. 1C. Any offence under section 20 (sexual assault on a young...

       5. 1D. Any offence under section 42 of that Act (sexual abuse...

       6. 2. Any offence under section 12, 15, 22 or 33 of...

       7. 2A. Any offence under the Prohibition of Female Genital Mutilation (Scotland)...

       8. 2B. Any offence under section 52 or 52A of the Civic...

       9. 2C. Any offence under section 1, 9, 10, 11 or 12...

       10. 3. Any other offence involving bodily injury to a child under...

       11. 4. Any offence involving the use of lewd, indecent or libidinous...

       12. 4A. Any offence under section 5 (coercing a person into being...

       13. 4B. Any offence under any of sections 21 to 26 or...

    2. SCHEDULE 2

       Examples of Indictments

       1. “A.B.(name and address, that given in the declaration being sufficient),...

    3. SCHEDULE 3

       Indictments and Complaints

       1. 1. An accused may be named and designed—

       2. 2. It shall not be necessary to specify by any nomen...

       3. 3. It shall not be necessary to allege that any act...

       4. 4. (1) The latitude formerly used in stating time shall be...

       5. 5. The word “money” shall include cheques, banknotes, postal orders, money...

       6. 6. Any document referred to shall be referred to by a...

       7. 7. In an indictment which charges a crime importing personal injury...

       8. 8. (1) In an indictment or a complaint charging the resetting...

       9. 9. (1) Where two or more crimes or acts of crime...

       10. 10. (1) Under an indictment or, as the case may be,...

       11. 11. In an indictment or complaint charging a contravention of an...

       12. 12. In a complaint charging a contravention of an enactment—

       13. 13. In the case of an offence punishable under any enactment,...

       14. 14. Where— (a) any act alleged in an indictment or complaint...

       15. 15. Where the evidence in a trial is sufficient to prove...

       16. 16. Where, in relation to an offence created by or under...

       17. 17. It shall be competent to include in one indictment or...

       18. 18. In any proceedings under the Merchant Shipping Acts it shall...

       19. 19. In offences inferring dishonest appropriation of property brought before a...

    4. SCHEDULE 4

       Supervision and Treatment Orders

       1. Part I Preliminary

          1. 1. (1) In this Schedule “supervision and treatment order” means an...

       2. Part II Making and Effect of Orders

          1. Circumstances in which orders may be made

             1. 2. (1) The court shall not make a supervision and treatment...

          2. Making of orders and general requirements

             1. 3. (1) A supervision and treatment order shall specify the local...

          3. Obligatory requirements as to medical treatment

             1. 4. (1) A supervision and treatment order shall include a requirement...

          4. Optional requirements as to residence

             1. 5. (1) Subject to sub-paragraphs (2) to (4) below, a supervision...

       3. Part III Revocation and Amendment of Orders

          1. Revocation of order in interests of health or welfare

             1. 6. Where a supervision and treatment order is in force in...

          2. Amendment of order by reason of change of residence

             1. 7. (1) This paragraph applies where, at any time while a...

          3. Amendment of requirements of order

             1. 8. (1) Without prejudice to paragraph 7 above, but subject to...

          4. Amendment of requirements in pursuance of medical report

             1. 9. (1) Where the medical practitioner by whom or under whose...

          5. Supplemental

             1. 10. (1) On the making under paragraph 6 above of an...

             2. 11. (1) On the making under paragraph 7 or 8 above...

             3. 12. On the making, revocation or amendment of a supervision and...

    5. SCHEDULE 5

       Forms of Complaint and Charges

    6. SCHEDULE 6

       Discharge of and Amendment to Probation Orders

       1. Discharge

          1. 1. A probation order may on the application of the officer...

       2. Amendment

          1. 2. (1) If the court by which a probation order was...

          2. 3. (1) Without prejudice to paragraph 2 above, the court by...

          3. 4. Where the medical practitioner or chartered psychologist by whom or...

       3. General

          1. 5. (1) Where the court which made the order or the...

          2. 6. On the making of an order discharging or amending a...

    7. SCHEDULE 7

       Supervised Attendance Orders: Further Provisions

       1. 1. (1) A court shall not make a supervised attendance order...

       2. 2. (1) A supervised attendance order shall— (a) specify the locality...

       3. 3. (1) An offender in respect of whom a supervised attendance...

       4. 4. (1) If at any time while a supervised attendance order...

       5. 5. (1) Where a supervised attendance order is in force in...

       6. 5A. The unified citation provisions apply in relation to a citation...

       7. 6. (1) The Secretary of State may make rules for regulating...

       8. 7. The Secretary of State shall lay before Parliament each year,...

       9. 8. In this Schedule— “the appropriate court” in relation to a...

    8. SCHEDULE 8

       Documentary Evidence in Criminal Proceedings

       1. Production of copy documents

          1. 1. (1) For the purposes of any criminal proceedings a copy...

       2. Statements in business documents

          1. 2. (1) Except where it is a statement such as is...

          2. 3. A statement in a document shall be admissible in criminal...

       3. Documents kept by businesses etc.

          1. 4. Unless the court otherwise directs, a document may in any...

       4. Statements not contained in business documents

          1. 5. (1) In any criminal proceedings, the evidence of an authorised...

       5. Additional evidence where evidence from business documents challenged

          1. 6. (1) This sub-paragraph applies where— (a) evidence has been admitted...

       6. General

          1. 7. (1) Nothing in this Schedule— (a) shall prejudice the admissibility...

          2. 8. In this Schedule— “business” includes trade, profession or other occupation;...

    9. SCHEDULE 9

       Certificates as to Proof of Certain Routine Matters

    10. SCHEDULE 9A

        The Commission: Further Provisions

        1. Membership

           1. 1. Her Majesty shall, on the recommendation of the Secretary of...

           2. 2. (1) Subject to the following provisions of this paragraph, a...

        2. Members and employees

           1. 3. (1) The Commission shall— (a) pay to members of the...

           2. 4. (1) The Commission may appoint a chief executive and such...

           3. 5. The Commission shall pay to the Minister for the Civil...

        3. Procedure

           1. 6. (1) The arrangements for the procedure of the Commission (including...

        4. Evidence

           1. 7. A document purporting to be— (a) duly executed under the...

        5. Annual reports and accounts

           1. 8. (1) As soon as possible after the end of each...

           2. 9. (1) The Commission shall— (a) keep proper accounts and proper...

           3. 10. For the purposes of this Schedule the Commission’s financial year...

        6. Expenses

           1. 11. The Secretary of State shall defray the expenses of the...

    11. SCHEDULE 10

        Certain Offences Triable only Summarily

        1. Night Poaching Act 1828 (c. 69)

           1. 1. Offences under section 1 of the Night Poaching Act 1828...

        2. Public Meeting Act 1908 (c.66)

           1. 2. Offences under section 1(1) of the Public Meeting Act 1908...

        3. Post Office Act 1953 (c. 36)

           1. 3. Offences under section 56 of the Post Office Act 1953...

        4. Betting, Gaming and Lotteries Act 1963 (c. 2)

           1. 4. Offences under the following provisions of the Betting, Gaming and...

        5. Theatres Act 1968 (c.54)

           1. 5. Offences under section 6 of the Theatres Act 1968 (provocation...

        6. Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

           1. 6. Offences under section 12(1) of the Criminal Law (Consolidation) (Scotland)...

    12. SCHEDULE 11

        FINANCIAL PENALTIES SUITABLE FOR ENFORCEMENT IN SCOTLAND

        1. Person residing in Scotland

           1. 1. The financial penalty is suitable for enforcement in Scotland if...

        2. Person having property etc. in Scotland

           1. 2. The financial penalty is suitable for enforcement in Scotland if—...

        3. Person having property etc. in Scotland and England and Wales

           1. 3. (1) This paragraph applies if— (a) the certificate states that...

        4. Person having property etc. in Scotland and Northern Ireland

           1. 4. (1) This paragraph applies if— (a) the certificate states that...

        5. Person having property etc. in Scotland and England and Wales and Northern Ireland

           1. 5. (1) This paragraph applies if— (a) the certificate states that...

        6. Interpretation

           1. 6. Where the person required to pay the financial penalty is...

           2. 7. In this Schedule, unless the context otherwise requires, references to...

    13. SCHEDULE 12

        GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES

        1. PART 1 THE GROUNDS FOR REFUSAL

           1. 1. A penalty (of any kind) has been imposed on the...

           2. 2. A penalty (of any kind) has been imposed on the...

           3. 3. The decision was made in respect of conduct—

           4. 4. The decision to which the financial penalty relates was made...

           5. 5. The decision to which the financial penalty relates was made...

           6. 6. The certificate does not confirm that— (a) if the proceedings...

           7. 7. (1) The financial penalty is for an amount of less...

        2. PART 2 EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)

           1. 8. Participation in a criminal organisation.

           2. 9. Terrorism.

           3. 10. Trafficking in human beings.

           4. 11. Sexual exploitation of children and child pornography.

           5. 12. Illicit trafficking in narcotic drugs and psychotropic substances.

           6. 13. Illicit trafficking in weapons, munitions and explosives.

           7. 14. Corruption.

           8. 15. Fraud, including that affecting the financial interests of the European...

           9. 16. Laundering of the proceeds of crime.

           10. 17. Counterfeiting currency, including of the euro.

           11. 18. Computer-related crime.

           12. 19. Environmental crime, including illicit trafficking in endangered animal species and...

           13. 20. Facilitation of unauthorised entry and residence.

           14. 21. Murder, grievous bodily injury.

           15. 22. Illicit trade in human organs and tissue.

           16. 23. Kidnapping, illegal restraint and hostage-taking.

           17. 24. Racism and xenophobia.

           18. 25. Organised or armed robbery.

           19. 26. Illicit trafficking in cultural goods, including antiques and works of...

           20. 27. Swindling.

           21. 28. Racketeering and extortion.

           22. 29. Counterfeiting and piracy of products.

           23. 30. Forgery of administrative documents and trafficking therein.

           24. 31. Forgery of means of payment.

           25. 32. Illicit trafficking in hormonal substances and other growth promoters.

           26. 33. Illicit trafficking in nuclear or radioactive materials.

           27. 34. Trafficking in stolen vehicles.

           28. 35. Rape.

           29. 36. Arson.

           30. 37. Crimes within the jurisdiction of the International Criminal Court.

           31. 38. Unlawful seizure of aircraft or ships.

           32. 39. Sabotage.

           33. 40. Conduct which infringes road traffic regulations, including breaches of regulations...

           34. 41. Smuggling of goods.

           35. 42. Infringements of intellectual property rights.

           36. 43. Threats and acts of violence against persons, including violence during...

           37. 44. Criminal damage.

           38. 45. Theft.

           39. 46. Offences created by the issuing State and serving the purpose...

        3. PART 3 INTERPRETATION

           1. 47. (1) In this Schedule— (a) “ conduct ” includes any...

    14. TABLE OF DERIVATIONS

        1. 1. Notes:

        2. 2. The following abbreviations are used in the Table:— Acts of...