“appropriate court” means a court named as such in pursuance of section 228(4) of this Act or of Schedule 6 to this Act in a probation order or in an amendment of any such order made on a change of residence of a probationer;

F2“assessment order” has the meaning given by section 52D of this Act;

“bail” means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires;

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“child”, except in section 46(3) of and Schedule 1 to this Act, has the meaning assigned to that expression for the purposes of Chapters 2 and 3 of Part II of the M2Children (Scotland) Act 1995;

F4“child witness” shall be construed in accordance with section 271(1)(a) of this Act;

“children’s hearing” has the meaning assigned to it in Part II of the Children (Scotland) Act 1995;

“Clerk of Justiciary” shall include assistant clerk of justiciary and shall extend and apply to any person duly authorised to execute the duties of Clerk of Justiciary or assistant clerk of justiciary;

F5“the Commission” has the meaning given by section 194A(1) of this Act;

“commit for trial” means commit until liberation in due course of law;

“community service order” means an order made under section 238 of this Act;

“complaint” includes a copy of the complaint laid before the court;

F6“compulsion order” has the meaning given by section 57A of this Act;

“constable” has the same meaning as in the M3Police (Scotland) Act 1967;

“court of summary jurisdiction” means a court of summary criminal jurisdiction;

“court of summary criminal jurisdiction” includes the sheriff court and F7JP court;

“crime” means any crime or offence at common law or under any Act of Parliament whether passed before or after this Act, and includes an attempt to commit any crime or offence;

F8“devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;

“diet” includes any continuation of a diet;

F9“drug treatment and testing order” has the meaning assigned to it in section 234B(2) of this Act;

“enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

“examination of facts” means an examination of facts held under section 55 of this Act;

“existing” means existing immediately before the commencement of this Act;

“extract conviction” and “extract of previous conviction” include certified copy conviction, certificate of conviction, and any other document lawfully issued from any court of justice of the United Kingdom as evidence of a conviction F10and also include a conviction extracted and issued as mentioned in section 286A(3)(a) and (b) of this Act;

“governor” means, in relation to a contracted out prison within the meaning of section 106(4) of the M4Criminal Justice and Public Order Act 1994, the director of the prison;

“guardian”, in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

“guardianship order” has the meaning assigned to it by section 58 of this Act;

“High Court” and “Court of Justiciary” shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;

F13“hospital direction” has the meaning assigned to it by section 59A(1) of this Act;

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“impose detention” or “impose imprisonment” means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for contempt of court;

“indictment” includes any indictment whether in the sheriff court or the High Court framed in the form set out an Act of Adjournal or as nearly as may be in such form;

F15“interim compulsion order” has the meaning given by section 53 of this Act;

F16“JP court” means a justice of the peace court;

“judge”, in relation to solemn procedure, means a judge of a court of solemn criminal jurisdiction and, in relation to summary procedure, means any sheriff or any judge of a F7JP court;

“justice” includes the sheriff and any stipendiary magistrate or justice of the peace;

F17“justice of the peace” means a justice of the peace appointed under section 67 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6);

“legalised police cells” has the like meaning as in the M7Prisons (Scotland) Act 1989;

“local authority” has the meaning assigned to it by section 1(2) of the M8Social Work (Scotland) Act 1968;

F18“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000

“Lord Commissioner of Justiciary” includes Lord Justice General and Lord Justice Clerk;

F19“mental disorder” has the meaning given by section 328(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13);

“Mental Welfare Commission” means the Mental Welfare Commission for Scotland;

“offence” means any act, attempt or omission punishable by law;

“order” means any order, byelaw, rule or regulation having statutory authority;

F25“order for lifelong restriction”means an order under section 210F(1) of this Act;

“patient” means a person suffering or appearing to be suffering from mental disorder;

“place of safety”, in relation to a person not being a child, means any police station, prison or remand centre, or any hospital the board of management of which are willing temporarily to receive him, and in relation to a child means a place of safety within the meaning of Part II of the M10Children (Scotland) Act 1995;

F26“postal operator” has the meaning assigned to it by section 125(1) of the Postal Services Act 2000.

F27“preliminary hearing” shall be construed in accordance with section 66(6)(b) of this Act and, where in any case a further preliminary hearing is held or to be held under this Act, includes the diet consisting of that further preliminary hearing;

F28“preliminary issue” shall be construed in accordance with section 79(2)(b) of this Act;

F29“preliminary plea” shall be construed in accordance with section 79(2)(a) of this Act;

“the prescribed sum” has the meaning given by section 225(8) of this Act;

“prison” does not include a naval, military or air force prison;

“prison officer” and “officer of a prison” means, in relation to a contracted out prison within the meaning of section 106(4) of the M11Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act;

“probationer” means a person who is under supervision by virtue of a probation order or who was under such supervision at the time of the commission of any relevant offence or failure to comply with such order;

“probation order” has the meaning assigned to it by section 228 of this Act;

“probation period” means the period for which a probationer is placed under supervision by a probation order;

“procurator fiscal” means the procurator fiscal for a sheriff court district, and includes assistant procurator fiscal and procurator fiscal depute and any person duly authorised to execute the duties of the procurator fiscal;

“remand” means an order adjourning the proceedings or continuing the case and giving direction as to detention in custody or liberation during the period of adjournment or continuation and references to remanding a person or remanding in custody or on bail shall be construed accordingly;

“remand centre” has the like meaning as in the M12Prisons (Scotland) Act 1989;

F30“registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists;

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“restriction order” has the meaning assigned to it by section 59 of this Act;

F33“risk assessment order”means an order under section 210B(2) of this Act;

F34“risk assessment report”has the meaning given by section 210B(3)(a) of this Act;

“sentence”, whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court;

“sheriff clerk” includes sheriff clerk depute, and extends and applies to any person duly authorised to execute the duties of sheriff clerk;

“sheriff court district” extends to the limits within which the sheriff has jurisdiction in criminal matters whether by statute or at common law;

“State hospital” has the meaning assigned to it in Part VIII of the Mental Health (Scotland) Act 1984;

“statute” means any Act of Parliament, public general, local, or private, and any Provisional Order confirmed by Act of Parliament;

F35“stipendiary magistrate” means a stipendiary magistrate appointed under section 74 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6);

“supervision requirement” has the meaning assigned to it in Part II of the Children (Scotland) Act 1995;

“training school order” has the same meaning as in the Social Work (Scotland) Act 1968;

F36“treatment order” has the meaning given by section 52M of this Act;

F37“the unified citation provisions”means section 216(5) and (6)(a) and (b) of this Act;

F38“vulnerable witness” shall be construed in accordance with section 271(1) of this Act;

“witness” includes haver;

“young offenders institution” has the like meaning as in the M13Prisons (Scotland) Act 1989.

“electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000 (c. 7);

“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document.