- Latest available (Revised)
- Point in Time (26/12/2023)
- Original (As enacted)
Point in time view as at 26/12/2023.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For the purposes of sections 259 to [F2261A] of this Act, a “statement” includes—
(a)any representation, however made or expressed, of fact or opinion; and
(b)any part of a statement,
but does not include a statement in a precognition other than a precognition on oath.
(2)For the purposes of the said sections 259 to [F3261A] a statement is contained in a document where the person who makes it—
(a)makes the statement in the document personally;
(b)makes a statement which is, with or without his knowledge, embodied in a document by whatever means or by any person who has direct personal knowledge of the making of the statement; or
(c)approves a document as embodying the statement.
(3)In the said sections 259 to [F3261A]—
“criminal proceedings” include [F4(other than in section 261A)] any hearing by the sheriff of an application made [F5by virtue of section 93(2)(a) or 94(2)(a) of the Children’s Hearings (Scotland) Act 2011 (asp 1) to determine whether a ground is established, in so far as the application relates to the commission of an offence by the child, or for a review of such a determination;]
“document” includes, in addition to a document in writing—
any map, plan, graph or drawing;
any photograph;
any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
any film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;
“film” includes a microfilm;
“made” includes [F3(other than in section 261A)] allegedly made.
(4)Nothing in the said sections 259 to [F3261A] shall prejudice the admissibility of a statement made by a person other than in the course of giving oral evidence in court which is admissible otherwise than by virtue of those sections.
Textual Amendments
F1Word in s. 262 heading substituted (6.6.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 85(3)(a), 206(1); S.S.I. 2011/178, art. 2, sch.
F2Word in s. 262(1)-(4) substituted (6.6.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 85(3)(b), 206(1); S.S.I. 2011/178, art. 2, sch.
F3Words in s. 262(3) inserted (6.6.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 85(3)(c)(ii), 206(1); S.S.I. 2011/178, art. 2, sch.
F4Words in s. 262(3) inserted (6.6.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 85(3)(c)(i), 206(1); S.S.I. 2011/178, art. 2, sch.
F5Words in s. 262(3) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 10(7)
Modifications etc. (not altering text)
C1S. 262 applied (with modifications) (6.6.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 54(3), 206(1); S.S.I. 2011/178, art. 2, sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.