Version Superseded: 01/02/2005
Point in time view as at 01/12/2003.
Criminal Procedure (Scotland) Act 1995, Cross Heading: Special capacity is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Where an offence is alleged to be committed in any special capacity, as by the holder of a licence, master of a vessel, occupier of a house, or the like, the fact that the accused possesses the qualification necessary to the commission of the offence shall, unless challenged—
(a)in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or
(b)in summary proceedings, by preliminary objection before his plea is recorded,
be held as admitted.
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