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Criminal Procedure (Scotland) Act 1995
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Changes over time for: Section 202
Version Superseded: 31/12/2020
Alternative versions:
- 01/04/1996- Amendment
- 13/12/2010- Amendment
- 01/12/2020
Point in time - 31/12/2020- Amendment
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Criminal Procedure (Scotland) Act 1995, Section 202 is up to date with all changes known to be in force on or before 11 November 2024. 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.
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202 Deferred sentence.S
(1)It shall be competent for a court to defer sentence after conviction for a period and on such conditions as the court may determine.
(2)If it appears to the court which deferred sentence on an accused under subsection (1) above that he has been convicted during the period of deferment, by a court in any part of [F1the United Kingdom or in another member State of the European Union] of an offence committed during that period and has been dealt with for that offence, the court which deferred sentence may—
(a)issue a warrant for the arrest of the accused; or
(b)instead of issuing such a warrant in the first instance, issue a citation requiring him to appear before it at such time as may be specified in the citation,
and on his appearance or on his being brought before the court it may deal with him in any manner in which it would be competent for it to deal with him on the expiry of the period of deferment.
(3)Where a court which has deferred sentence on an accused under subsection (1) above convicts him of another offence during the period of deferment, it may deal with him for the original offence in any manner in which it would be competent for it to deal with him on the expiry of the period of deferment, as well as for the offence committed during the said period.
Textual Amendments
F1Words in s. 202(2) substituted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 4; S.S.I. 2010/413, art. 2, Sch.
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