Point in time view as at 28/03/2011.
Criminal Procedure (Scotland) Act 1995, Section 155 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.
(1)If a witness in a summary prosecution—
(a)wilfully fails to attend after being duly cited; or
(b)unlawfully refuses to be sworn; or
(c)after the oath has been administered to him refuses to answer any question which the court may allow; or
(d)prevaricates in his evidence,
he shall be deemed guilty of contempt of court and be liable to be summarily punished forthwith for such contempt by a fine not exceeding level 3 on the standard scale or by imprisonment for any period not exceeding 21 days.
(2)Where punishment is summarily imposed as mentioned in subsection (1) above, the clerk of court shall enter in the record of the proceedings the acts constituting the contempt or the statements forming the prevarication.
(3)Subsections (1) and (2) above are without prejudice to the right of the prosecutor to proceed by way of formal complaint for any such contempt where a summary punishment, as mentioned in the said subsection (1), is not imposed.
(4)Any witness who, having been duly cited in accordance with section 140 of this Act—
(a)fails without reasonable excuse, after receiving at least 48 hours’ notice, to attend for precognition by a prosecutor at the time and place mentioned in the citation served on him; or
(b)refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which such precognition is taken,
shall be liable to the like punishment as is provided in subsection (1) above.
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