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Criminal Procedure (Scotland) Act 1995, Section 261 is up to date with all changes known to be in force on or before 15 August 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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(1)Subject to the following provisions of this section, nothing in sections 259 and 260 of this Act shall apply to a statement made by the accused.
(2)Evidence of a statement made by an accused shall be admissible by virtue of the said section 259 at the instance of another accused in the same proceedings as evidence in relation to that other accused.
(3)For the purposes of subsection (2) above, the first mentioned accused shall be deemed—
(a)where he does not give evidence in the proceedings, to be a witness refusing to give evidence in connection with the subject matter of the statement as mentioned in paragraph (e) of subsection (2) of the said section 259; and
(b)to have been, at the time the statement was made, a competent witness in the proceedings.
(4)Evidence of a statement shall not be admissible as mentioned in subsection (2) above unless the accused at whose instance it is sought to be admitted has given notice of his intention to do so as mentioned in subsection (5) of the said section 259; but subsection (6) of that section shall not apply in the case of notice required to be given by virtue of this subsection.
Textual Amendments
F1S. 261 title substituted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 109(2), 117(2); S.S.I. 2017/345, art. 3, sch. (with art. 9)
Modifications etc. (not altering text)
C1Ss. 259-261 excluded (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 3 Pt. II para. 14
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