Criminal Procedure (Scotland) Act 1995

Part I Criminal Courts

Jurisdiction and Powers

1 Judges in the High Court.

2 Fixing of High Court sittings.

Solemn courts: general

3 Jurisdiction and powers of solemn courts.

4 Territorial jurisdiction of sheriff.

5 The sheriff: summary jurisdiction and powers.

District courts

6 District courts: area, constitution and prosecutor.

7 District court: jurisdiction and powers.

Sittings of sheriff and district courts

8 Sittings of sheriff and district courts.

Territorial jurisdiction: general

9 Boundaries of jurisdiction.

9ACompetence of justice’s actings outwith jurisdiction

10 Crimes committed in different districts.

10AJurisdiction for transferred cases

11 Certain offences committed outside Scotland.

11A Conspiracy to commit offences outside the United Kingdom.

PART II Police Functions

Lord Advocate’s instructions

12 Instructions by Lord Advocate as to reporting of offences.

Detention and questioning

13 Powers relating to suspects and potential witnesses.

14 Detention and questioning at police station.

14AExtension of period of detention under section 14

14BExtension under section 14A: procedure

15 Rights of person arrested or detained.

15ARight of suspects to have access to a solicitor

16 Drunken persons: power to take to designated place.

Arrest: access to solicitor

17 Right of accused to have access to solicitor.

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

Prints and samples

18 Prints, samples etc. in criminal investigations.

18ARetention of samples etc.: prosecutions for sexual and violent offences

18BRetention of samples etc. where offer under sections 302 to 303ZA accepted

18CSection 18B: extension of retention period where relevant offer relates to certain sexual or violent offences

18DRetention of samples etc. taken or provided in connection with certain fixed penalty offences

18ERetention of samples etc.: children referred to children's hearings

18FRetention of samples etc. relating to children: appeals

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

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

19AASamples etc. from sex offenders

19ABSection 19AA: supplementary provision in risk of sexual harm order cases

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

19CSections 18 and 19 to 19AA: use of samples etc.

20 Use of prints, samples etc.

Testing for Class A drugs

20AArrested persons: testing for certain Class A drugs

20BSection 20A: supplementary

Schedule 1 offences

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

Police liberation

22 Liberation by police.

22ZAOffences where undertaking breached

22ZBEvidential and procedural provision

22A Consideration of bail on first appearance

23 Bail applications.

23A Bail and liberation where person already in custody

23BEntitlement to bail and the court's function

23CGrounds relevant as to question of bail

23DRestriction on bail in certain solemn cases

24 Bail and bail conditions.

24BRegulations as to power to impose remote monitoring requirements under section 24A

24CMonitoring of compliance in pursuance of requirements imposed under section 24A

24DRemote monitoring

24EDocumentary evidence in proceedings for breach of bail conditions being remotely monitored

24ABail: extradition proceedings

25 Bail conditions: supplementary.

25AFailure to accept conditions of bail under section 65(8C): continued detention of accused

26 Bail: circumstances where not available.

27 Breach of bail conditions: offences.

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

29 Bail: monetary conditions.

30 Bail review.

31 Bail review on prosecutor’s application.

32 Bail appeal.

32ABail after conviction: prosecutor's attitude

33 Bail: no fees exigible.

PART IV Petition Procedure

34 Petition for warrant.

Petition proceedings outwith sheriffdom

34APetition proceedings outwith sheriffdom

Judicial examination

35 Judicial examination.

36 Judicial examination: questioning by prosecutor.

37 Judicial examination: record of proceedings.

38 Judicial examination: rectification of record of proceedings.

39 Judicial examination: charges arising in different districts.

40 Committal until liberated in due course of law.

PART V Children and Young Persons

41 Age of criminal responsibility.

41AProsecution of children under 12

42 Prosecution of children.

43 Arrangements where children arrested.

44 Detention of children.

45 Security for child’s good behaviour.

46 Presumption and determination of age of child.

47 Restriction on report of proceedings involving children.

48 Power to refer certain children to reporter.

49 Reference or remit to children’s hearing.

50 Children and certain proceedings.

51 Remand and committal of children and young persons.

PART VI Mental Disorder

Criminal responsibility of mentally disordered persons

51ACriminal responsibility of persons with mental disorder

Diminished responsibility

51BDiminished responsibility

Committal of mentally disordered persons

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

Remit of mentally disordered persons from district court

52ARemit of certain mentally disordered persons from district court to sheriff court

Assessment orders

52BProsecutor’s power to apply for assessment order

52CScottish Ministers' power to apply for assessment order

52DAssessment order

52EAssessment order made ex proprio motu: application of section 52D

52FAssessment order: supplementary

52GReview of assessment order

52HEarly termination of assessment order

52JPower of court on assessment order ceasing to have effect

Treatment orders

52KProsecutor’s power to apply for treatment order

52LScottish Ministers' power to apply for treatment order

52MTreatment order

52NTreatment order made ex proprio motu: application of section 52M

52PTreatment order: supplementary

52QReview of treatment order

52RTermination of treatment order

52SPower of court on treatment order ceasing to have effect

Prevention of delay in trials

52TPrevention of delay in trials: assessment orders and treatment orders

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

52UEffect of assessment order and treatment order on pre-existing mental health order

Interim hospital orders

53 Interim hospital orders.

53AInterim compulsion order: supplementary

53BReview and extension of interim compulsion order

53CEarly termination of interim compulsion order

53DPower of court on interim compulsion order ceasing to have effect

Acquittal involving mental disorder

53EAcquittal involving mental disorder

Unfitness for trial

53FUnfitness for trial

Insanity in bar of trial

54 Insanity in bar of trial.

Examination of facts

55 Examination of facts.

56 Examination of facts: supplementary provisions.

Disposal in case of insanity

57 Disposal of case where accused found to be insane.

Compulsion orders

57ACompulsion order

57BCompulsion order authorising detention in hospital or requiring residence at place: ancillary provision

57CMental health officer’s report

57DCompulsion order: supplementary

Hospital orders and guardianship

58 Order for hospital admission or guardianship.

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

59 Hospital orders: restrictions on discharge.

59A Hospital directions.

60 Appeals against hospital orders.

60A Appeal by prosecutor against hospital orders etc.

60B Intervention orders

60CAcquitted persons: detention for medical examination

60DNotification of detention under section 60C

Hospital directions

59BHospital direction: mental health officer’s report

59CHospital direction: supplementary

Medical evidence

61 Requirements as to medical evidence.

Appeals under Part VI

62 Appeal by accused in case involving insanity.

63 Appeal by prosecutor in case involving insanity.

PART VII Solemn Proceedings

64 Prosecution on indictment.

65 Prevention of delay in trials.

66 Service and lodging of indictment, etc.

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

68 Productions.

69 Notice of previous convictions.

70 Proceedings against bodies corporate.

70ADefence statements

Pre-trial proceedings

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

72 Preliminary diet: notice

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

72BPower to dispense with preliminary hearing

72CProcedure where preliminary hearing does not proceed

72DPreliminary hearing: further provision

72EWritten record of state of preparation in certain cases

72FEngagement, dismissal and withdrawal of solicitor representing accused

72GService etc. on accused through a solicitor

73 Preliminary diet: procedure.

74 Appeals in connection with preliminary diets.

75 Computation of certain periods.

Adjournment and alteration of diets

75AAdjournment and alteration of diets

75BRefixing diets

76 Procedure where accused desires to plead guilty.

77 Plea of guilty.

Notice by accused

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

79 Preliminary pleas.

79AObjections to admissibility of evidence raised after first diet or preliminary hearing

Alteration, etc, of diet

80 Alteration and postponement of trial diet.

81 Procedure where trial does not take place.

82 Desertion or postponement where accused in custody.

83 Transfer of sheriff court solemn proceedings.

Continuation of trial diet in the High Court

83AContinuation of trial diet in the High Court

Jurors for sittings

84 Juries: returns of jurors and preparation of lists.

85 Juries: citation and attendance of jurors.

86 Jurors: excusal and objections.

Non-availability of judge

87 Non-availability of judge.

87ADisposal of preliminary matters at trial diet

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

89 Jury to be informed of special defence.

90 Death or illness of jurors.

Obstructive witnesses

90AApprehension of witnesses in proceedings on indictment

90BOrders in respect of witnesses apprehended under section 90A

90CBreach of bail under section 90B(1)(b)

90DReview of orders under section 90B(1)(a) or (b)

90EAppeals in respect of orders under section 90B(1)

91 Trial to be continuous.

92 Trial in presence of accused.

93 Record of trial.

94 Transcripts of record and documentary productions.

95 Verdict by judge alone.

96 Amendment of indictment.

97 No case to answer.

97ASubmissions as to sufficiency of evidence

97BAcquittals etc. on section 97A(2)(a) submissions

97CDirections etc. on section 97A(2)(b) submissions

97DNo acquittal on “no reasonable jury” grounds

98 Defence to speak last.

99 Seclusion of jury to consider verdict.

Verdict and conviction

100 Verdict of jury.

101 Previous convictions: solemn proceedings.

101APost-offence convictions etc.

102 Interruption of trial for other proceedings.

Failure of accused to appear

102AFailure of accused to appear

PART VIII Appeals from Solemn Proceedings

103 Appeal sittings.

104 Power of High Court in appeals.

105 Appeal against refusal of application.

105AAppeal against granting of application

106 Right of appeal.

106A Appeal against automatic sentences where earlier conviction quashed.

107 Leave to appeal.

107AProsecutor's right of appeal: decisions on section 97 and 97A submissions

107BProsecutor's right of appeal: decisions on admissibility of evidence

107CAppeals under section 107A and 107B: general provisions

107DExpedited appeals

107EOther appeals under section 107A: appeal against acquittal

107FOther appeals under section 107A or 107B: appeal against directions etc.

108 Lord Advocate’s right of appeal against disposal.

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

109 Intimation of intention to appeal.

110 Note of appeal.

111 Provisions supplementary to sections 109 and 110.

112 Admission of appellant to bail.

113 Judge’s report.

113AJudge's observations in expedited appeal

114 Applications made orally or in writing.

115 Presentation of appeal in writing.

116 Abandonment of appeal.

117 Presence of appellant or applicant at hearing.

118 Disposal of appeals.

119 Provision where High Court authorises new prosecution.

120 Appeals: supplementary provisions.

121 Suspension of disqualification, forfeiture, etc.

121A Suspension of certain sentences pending determination of appeal.

122 Fines and caution.

123 Lord Advocate’s reference.

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

125 Reckoning of time spent pending appeal.

126 Extract convictions.

127 Forms in relation to appeals.

128 Fees and expenses.

129 Non-compliance with certain provisions may be waived.

130 Bill of suspension not competent.

131 Prosecution appeal by bill of advocation.

132 Interpretation of Part VIII.

PART IX Summary Proceedings

133 Application of Part IX of Act.

134 Incidental applications.

135 Warrants of apprehension and search.

136 Time limit for certain offences.

136ATime limits for transferred and related cases

136BTime limits where fixed penalty offer etc. made

137 Alteration of diets.

137ZARefixing diets

137ATransfer of sheriff court summary proceedings within sheriffdom

137BTransfer of sheriff court summary proceedings outwith sheriffdom

137CCustody cases: initiating proceedings outwith sheriffdom

137CATransfer of JP court proceedings within sheriffdom

137CBTransfer of JP court proceedings outwith sheriffdom

137CCCustody cases: initiating JP court proceedings outwith sheriffdom

137DTransfer of JP court proceedings to the sheriff court

138 Complaints.

139 Complaints: orders and warrants.

141 Manner of citation.

142 Summary proceedings against children.

143 Prosecution of companies, etc.

144 Procedure at first diet.

145 Adjournment for inquiry at first calling.

145ZAAdjournment where assessment order made at first calling

145AAdjournment at first calling to allow accused to appear etc.

146 Plea of not guilty.

Pre-trial procedure

147 Prevention of delay in trials.

148 Intermediate diet.

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

148BPre-trial procedure in sheriff court where no intermediate diet is fixed

148CEngagement, dismissal and withdrawal of solicitor representing accused

148DService etc. on accused through a solicitor

149A Notice of defence plea of consent

149BNotice of defences

Failure of accused to appear

150 Failure of accused to appear.

150AProceedings in absence of accused

Non-availability of judge

151 Death, illness or absence of judge.

152 Desertion of diet.

152AComplaints triable together

153 Trial in presence of accused.

154 Proof of official documents.

155 Punishment of witness for contempt.

156 Apprehension of witness.

156AOrders in respect of witnesses apprehended under section 156

156BBreach of bail under section 156A(1)(b)

156CReview of orders under section 156A(1)(a) or (b)

156DAppeals in respect of orders under section 156A(1)

157 Record of proceedings.

158 Interruption of summary proceedings for verdict in earlier trial.

159 Amendment of complaint.

160 No case to answer.

161 Defence to speak last.

Verdict and conviction

162 Judges equally divided.

163 Conviction: miscellaneous provisions.

164 Conviction of part of charge.

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

166 Previous convictions: summary proceedings

166APost-offence convictions

166BCharges which disclose convictions

167 Forms of finding and sentence.

169 Detention in precincts of court.

170 Damages in respect of summary proceedings.

171 Recovery of penalties.

172 Forms of procedure.

PART X Appeals from Summary Proceedings

173 Quorum of High Court in relation to appeals.

174 Appeals relating to preliminary pleas.

175 Right of appeal.

176 Stated case: manner and time of appeal.

177 Procedure where appellant in custody.

178 Stated case: preparation of draft.

179 Stated case: adjustment and signature.

180 Leave to appeal against conviction etc.

181 Stated case: directions by High Court.

182 Stated case: hearing of appeal.

183 Stated case: disposal of appeal.

184 Abandonment of appeal.

New prosecution

185 Authorisation of new prosecution.

Appeals against sentence

186 Appeals against sentence only.

187 Leave to appeal against sentence.

Disposal of appeals

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

189 Disposal of appeal against sentence.

190 Disposal of appeal where appellant insane.

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

191ATime limit for lodging bills of advocation and bills of suspension

192 Appeals: miscellaneous provisions.

193 Suspension of disqualification, forfeiture etc.

193A Suspension of certain sentences pending determination of appeal.

194 Computation of time.

Part XA Scottish Criminal Cases Review Commission

The Scottish Criminal Cases Review Commission

194A Scottish Criminal Cases Review Commission.

References to High Court

194B Cases dealt with on indictment.

194C Grounds for reference.

194D Further provision as to references.

194DAHigh Court's power to reject a reference made by the Commission

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

194F Further powers.

194G Supplementary provision.

Powers of investigation of Commission

194H Power to request precognition on oath.

194I Power to obtain documents etc.

194IAPower to request assistance in obtaining information abroad

Disclosure of information

194J Offence of disclosure.

194K Exceptions from obligations of non-disclosure.

194L Consent to disclosure.

PART XI Sentencing

195 Remit to High Court for sentence.

196 Sentence following guilty plea.

197 Sentencing guidelines.

198 Form of sentence.

199 Power to mitigate penalties.

Pre-sentencing procedure

200 Remand for inquiry into physical or mental condition.

201 Power of court to adjourn case before sentence.

202 Deferred sentence.

203AReports about organisations

Imprisonment, etc.

204 Restrictions on passing sentence of imprisonment or detention.

204A Restriction on consecutive sentences for released prisoners.

204BConsecutive sentences: life prisoners etc.

205 Punishment for murder.

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

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

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

206 Minimum periods of imprisonment.

207 Detention of young offenders.

208 Detention of children convicted on indictment.

209 Supervised release orders.

210 Consideration of time spent in custody.

210A Extended sentences for sex and violent offenders.

210AAExtended sentences for certain other offenders

Risk assessment

210BRisk assessment order

210CRisk assessment report

210DInterim hospital order and assessment of risk

210EThe risk criteria

210EAApplication of certain sections of this Act to proceedings under section 210C(7)

Order for lifelong restriction etc.

210FOrder for lifelong restriction

210GDisposal of case where certain orders not made

Report of judge

210HReport of judge

212 Fines in summary proceedings.

213 Remission of fines.

214 Fines: time for payment and payment by instalments.

215 Application for further time to pay fine.

216 Fines: restriction on imprisonment for default.

217 Fines: supervision pending payment.

218 Fines: supplementary provisions as to payment.

219 Fines: periods of imprisonment for non-payment.

220 Fines: part payment by prisoners.

221 Fines: recovery by civil diligence.

222 Transfer of fine orders.

223 Transfer of fines: procedure for clerk of court.

Fines: discharge from imprisonment and penalties

224 Discharge from imprisonment to be specified.

225 Penalties: standard scale, prescribed sum and uprating.

226 Penalties: exceptionally high maximum fines.

Enforcement of fines etc.: fines enforcement officers

226AFines enforcement officers

226BEnforcement orders

226CVariation for further time to pay

226DSeizure of vehicles

226EDeduction from benefits

226FPowers of diligence

226GReference of case to court

226HReview of actions of FEO

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

226IEnforcement of fines etc.: interpretation

Community payback orders

227ACommunity payback orders

227BCommunity payback order: procedure prior to imposition

227CCommunity payback order: responsible officer

227DCommunity payback order: further provision

227ERequirement to avoid conflict with religious beliefs, work etc.

227FPayment of offenders' travelling and other expenses

Offender supervision requirement

227GOffender supervision requirement

Compensation requirement

227HCompensation requirement

Unpaid work or other activity requirement

227IUnpaid work or other activity requirement

227JUnpaid work or other activity requirement: further provision

227KAllocation of hours between unpaid work and other activity

227LTime limit for completion of unpaid work or other activity

227MFine defaulters

227NOffenders subject to more than one unpaid work or other activity requirement

227ORules about unpaid work and other activity

Programme requirement

227PProgramme requirement

Residence requirement

227QResidence requirement

Mental health treatment requirement

227RMental health treatment requirement

227SMental health treatment requirements: medical evidence

227TPower to change treatment

Drug treatment requirement

227UDrug treatment requirement

Alcohol treatment requirement

227VAlcohol treatment requirement

Conduct requirement

227WConduct requirement

Community payback orders: review, variation etc.

227XPeriodic review of community payback orders

227YApplications to vary, revoke and discharge community payback orders

227ZVariation, revocation and discharge: court's powers

227ZAVariation of community payback orders: further provision

227ZBChange of offender's residence to new local authority area

Breach of community payback order

227ZCBreach of community payback order

227ZDBreach of community payback order: further provision

Restricted movement requirement

227ZERestricted movement requirement

227ZFRestricted movement requirement: effect

227ZGRestricted movement requirements: further provision

227ZHVariation of restricted movement requirement

227ZIRemote monitoring

227ZJRestricted movement requirements: Scottish Ministers' functions

227ZKDocumentary evidence in proceedings for breach of restricted movement requirement

Local authorities: annual consultation about unpaid work

227ZLLocal authorities: annual consultations about unpaid work

Annual reports on community payback orders

227ZMAnnual reports on community payback orders

Community payback order: meaning of “the appropriate court”

227ZNMeaning of “the appropriate court”

228 Probation orders.

229 Probation orders: additional requirements.

229AProbation progress review

230 Probation orders: requirement of treatment for mental condition.

230ARequirement for remote monitoring in probation order

231 Probation orders: amendment and discharge.

232 Probation orders: failure to comply with requirement.

233 Probation orders: commission of further offence.

234 Probation orders: persons residing in England and Wales.

Non-harassment orders

234A Non-harassment orders.

234B Drug treatment and testing order.

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

234CARequirement for remote monitoring in drug treatment and testing order

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

234E Amendment of drug treatment and testing order.

234F Periodic review of drug treatment and testing order.

234G Breach of drug treatment testing order.

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

234J Concurrent drug treatment and testing and probation orders.

234K Drug treatment and testing orders: interpretation.

Antisocial behaviour orders

234AAAntisocial behaviour orders

234ABAntisocial behaviour orders: notification

Supervised attendance

235 Supervised attendance orders.

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

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

Community service by offenders

238 Community service orders.

239 Community service orders: requirements.

240 Community service orders: amendment and revocation etc.

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

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

243 Community service orders: persons residing in Northern Ireland.

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

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

Restriction of liberty orders

245ARestriction of liberty orders.

245B Monitoring of restriction of liberty orders.

245C Remote monitoring.

245D Combination of restriction of liberty order with other orders.

245E Variation of restriction of liberty order.

245F Breach of restriction of liberty order.

245G Disposal on revocation of restriction of liberty order.

245H Documentary evidence in proceedings under section 245F.

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

245JBreach of certain orders: adjourning hearing and remanding in custody etc.

Community reparation orders

245KCommunity reparation orders

245LCommunity reparation order: notification

245MFailure to comply with community reparation order: extension of 12 month period

245NFailure to comply with community reparation order: powers of court

245PExtension, variation and revocation of order

245QSections 245L, 245N and 245P: meaning of “appropriate court”

Admonition and absolute discharge

246 Admonition and absolute discharge.

247 Effect of probation and absolute discharge.

Disqualification

248 Disqualification where vehicle used to commit offence.

248A General power to disqualify offenders.

248B Power to disqualify fine defaulters.

248C Application of sections 248A and 248B.

249 Compensation order against convicted person.

250 Compensation orders: supplementary provisions.

251 Review of compensation order.

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

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

254 Search warrant for forfeited articles.

PART XII Evidence

Special capacity

255 Special capacity.

255A Proof of age.

Agreed evidence

256 Agreements and admissions as to evidence.

257 Duty to seek agreement of evidence.

258 Uncontroversial evidence.

259 Exceptions to the rule that hearsay evidence is inadmissible.

260 Admissibility of prior statements of witnesses.

261 Statements by accused.

262 Construction of sections 259 to 261.

263 Examination of witnesses.

264 Spouse of accused a competent witness.

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

266 Accused as witness.

267 Witnesses in court during trial.

267ACitation of witnesses for precognition

Identification procedures

267BOrder requiring accused to participate in identification procedure

Additional evidence, etc.

268 Additional evidence.

269 Evidence in replication.

270 Evidence of criminal record and character of accused.

Evidence of children

271 Evidence of vulnerable persons: special provisions.

271AChild witnesses

271BFurther special provision for child witnesses under the age of 12

271CVulnerable witnesses other than child witnesses

271DReview of arrangements for vulnerable witnesses

271EVulnerable witnesses: supplementary provision

271FThe accused

271GSaving provision

271HThe special measures

271ITaking of evidence by a commissioner

271JLive television link

271MGiving evidence in chief in the form of a prior statement

Witness anonymity orders

271NWitness anonymity orders

271PApplications

271QMaking and determination of applications

271RConditions for making orders

271SRelevant considerations

271TDirection to jury

271UDischarge and variation of order

271WAppeal against the making of a witness anonymity order

271XAppeal against the refusal to make a witness anonymity order

271YAppeal against a variation of a witness anonymity order

271ZAppeal against a refusal to vary or discharge a witness anonymity order

Evidence on commission and from abroad

272 Evidence by letter of request or on commission.

273 Television link evidence from abroad.

Evidence from other parts of the United Kingdom

273ATelevision link evidence from other parts of the United Kingdom

Evidence relating to sexual offences

274 Restrictions on evidence relating to sexual offences.

275 Exceptions to restrictions under section 274.

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

275B Provisions supplementary to sections 275 and 275A

Expert evidence as to subsequent behaviour of complainer

275CExpert evidence as to subsequent behaviour of complainer in certain cases

Biological material

276 Evidence of biological material.

Transcripts and records

277 Transcript of police interview sufficient evidence.

278 Record of proceedings at examination as evidence.

Documentary evidence

279 Evidence from documents.

Evidence from certain official documents

279A Evidence from certain official documents.

Routine evidence

280 Routine evidence.

281 Routine evidence: autopsy and forensic science reports.

281ARoutine evidence: reports of identification prior to trial

Sufficient evidence

282 Evidence as to controlled drugs and medicinal products.

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

284 Evidence in relation to fingerprints.

Proof of previous convictions

285 Previous convictions: proof, general.

286 Previous convictions: proof in support of substantive charge.

286AProof of previous conviction by court in other member State

PART XIII Miscellaneous

287 Demission of office by Lord Advocate.

288 Intimation of proceedings in High Court to Lord Advocate.

Devolution issues

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

288B Appeals to Judicial Committee of the Privy Council.

Dockets and charges in sex cases

288BADockets for charges of sexual offences

288BBMixed charges for sexual offences

288BCAggravation by intent to rape

Trials for sexual offences

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

288D Appointment of solicitor by court in such cases

Trials involving vulnerable witnesses

288EProhibition of personal conduct of defence in certain cases involving child witnesses under the age of 12

288FPower to prohibit personal conduct of defence in other cases involving vulnerable witnesses

Application of vulnerable witnesses provisions to proceedings in the district court

288GApplication of vulnerable witnesses provisions to proceedings in the district court

289 Procedure and evidence in trials for treason.

Certain rights of accused

290 Accused’s right to request identification parade.

291 Precognition on oath of defence witnesses.

292 Mode of trial of certain offences.

Art and part and attempt

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

294 Attempt at crime.

295 Legal custody.

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

297 Execution of warrants and service of complaints, etc.

297ARe-execution of apprehension warrants

Trial judge’s report

298 Trial judge’s report.

Intimation of certain applications to the High Court

298AIntimation of bills and of petitions to the nobile officium

Correction of entries

299 Correction of entries.

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

Excusal of irregularities

300APower of court to excuse procedural irregularities

Rights of audience

301 Rights of audience.

Recovery of documents

301ARecovery of documents

Fixed penalties

302 Fixed penalty: conditional offer by procurator fiscal.

302ACompensation offer by procurator fiscal

302BCombined fixed penalty and compensation offer

302CRecall of fixed penalty or compensation offer

303 Fixed penalty: enforcement.

303ZAWork orders

303ZBSetting aside of offers and orders

Transfer of rights of appeal of deceased person

303A Transfer of rights of appeal of deceased person.

Electronic proceedings

303BElectronic summary proceedings

PART XIV General

304 Criminal Courts Rules Council.

305 Acts of Adjournal.

306 Information for financial and other purposes.

307 Interpretation.

308 Construction of enactments referring to detention etc.

308AExpressions relating to electronic proceedings

309 Short title, commencement and extent.

SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply

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

1AAny offence under section 18 (rape of a young child)...

1BAny offence under section 19 (sexual assault on a young...

1CAny offence under section 20 (sexual assault on a young...

1DAny offence under section 42 of that Act (sexual abuse...

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

2AAny offence under the Prohibition of Female Genital Mutilation (Scotland)...

2BAny offence under section 52 or 52A of the Civic...

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

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

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

4AAny offence under section 5 (coercing a person into being...

4BAny offence under any of sections 21 to 26 or...

SCHEDULE 2 Examples of Indictments

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

SCHEDULE 3 Indictments and Complaints

1An accused may be named and designed—

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

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

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

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

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

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

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

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

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

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

12In a complaint charging a contravention of an enactment—

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

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

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

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

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

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

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

SCHEDULE 4 Supervision and Treatment Orders

Part I Preliminary

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

Part II Making and Effect of Orders

Circumstances in which orders may be made

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

Making of orders and general requirements

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

Obligatory requirements as to medical treatment

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

Optional requirements as to residence

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

Part III Revocation and Amendment of Orders

Revocation of order in interests of health or welfare

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

Amendment of order by reason of change of residence

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

Amendment of requirements of order

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

Amendment of requirements in pursuance of medical report

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

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

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

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

SCHEDULE 5 Forms of Complaint and Charges

SCHEDULE 6 Discharge of and Amendment to Probation Orders

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

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

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

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

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

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

SCHEDULE 7 Supervised Attendance Orders: Further Provisions

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

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

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

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

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

5AThe unified citation provisions apply in relation to a citation...

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

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

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

SCHEDULE 8 Documentary Evidence in Criminal Proceedings

Production of copy documents

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

Statements in business documents

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

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

Documents kept by businesses etc.

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

Statements not contained in business documents

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

Additional evidence where evidence from business documents challenged

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

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

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

SCHEDULE 9 Certificates as to Proof of Certain Routine Matters

SCHEDULE 9A The Commission: Further Provisions

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

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

Members and employees

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

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

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

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

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

Annual reports and accounts

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

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

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

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

SCHEDULE 10 Certain Offences Triable only Summarily

Night Poaching Act 1828 (c. 69)

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

Public Meeting Act 1908 (c.66)

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

Post Office Act 1953 (c. 36)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Theatres Act 1968 (c.54)

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

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

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

SCHEDULE 11FINANCIAL PENALTIES SUITABLE FOR ENFORCEMENT IN SCOTLAND

Person residing in Scotland

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

Person having property etc. in Scotland

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

Person having property etc. in Scotland and England and Wales

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

Person having property etc. in Scotland and Northern Ireland

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

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

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

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

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

SCHEDULE 12GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES

PART 1THE GROUNDS FOR REFUSAL

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

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

3The decision was made in respect of conduct—

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

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

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

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

PART 2EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)

8Participation in a criminal organisation.

10Trafficking in human beings.

11Sexual exploitation of children and child pornography.

12Illicit trafficking in narcotic drugs and psychotropic substances.

13Illicit trafficking in weapons, munitions and explosives.

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

16Laundering of the proceeds of crime.

17Counterfeiting currency, including of the euro.

18Computer-related crime.

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

20Facilitation of unauthorised entry and residence.

21Murder, grievous bodily injury.

22Illicit trade in human organs and tissue.

23Kidnapping, illegal restraint and hostage-taking.

24Racism and xenophobia.

25Organised or armed robbery.

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

28Racketeering and extortion.

29Counterfeiting and piracy of products.

30Forgery of administrative documents and trafficking therein.

31Forgery of means of payment.

32Illicit trafficking in hormonal substances and other growth promoters.

33Illicit trafficking in nuclear or radioactive materials.

34Trafficking in stolen vehicles.

37Crimes within the jurisdiction of the International Criminal Court.

38Unlawful seizure of aircraft or ships.

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

41Smuggling of goods.

42Infringements of intellectual property rights.

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

44Criminal damage.

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

PART 3INTERPRETATION

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

TABLE OF DERIVATIONS

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

Royal arms

Criminal Procedure (Scotland) Act 1995

1995 CHAPTER 46

An Act to consolidate certain enactments relating to criminal procedure in Scotland.

[8th November 1995]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—