- Latest available (Revised)
- Point in Time (16/08/2013)
- Original (As enacted)
Criminal Procedure (Scotland) Act 1995
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 287
Alternative versions:
- 01/04/1996- Amendment
- 20/05/1999- Amendment
- 13/12/2010- Amendment
- 16/08/2013
Point in time
Status:
Point in time view as at 16/08/2013.
Changes to legislation:
Criminal Procedure (Scotland) Act 1995, Section 287 is up to date with all changes known to be in force on or before 25 December 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.
Changes to Legislation
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.
287[F1Demission from office of Lord Advocate and Solicitor General for Scotland].S
(1)All indictments which have been raised [F2at the instance of Her Majesty's Advocate] shall remain effective notwithstanding [F3the holder of the office of Lord Advocate] subsequently having died or demitted office and may be taken up and proceeded with by his successor [F4or the Solicitor General].
(2)During any period when the office of Lord Advocate is vacant it shall be lawful to indict accused persons [F5at the instance of Her Majesty's Advocate or] the Solicitor General F6. . . .
[F7(2A)Any such indictments in proceedings at the instance of the Solicitor General may be signed by the Solicitor General.
(2B)All indictments which have been raised at the instance of the Solicitor General shall remain effective notwithstanding the holder of the office of Solicitor General subsequently having died or demitted office and may be taken up and proceeded with by his successor or the Lord Advocate.
(2C)Subsection (2D) applies during any period when the offices of Lord Advocate and Solicitor General are both vacant.
(2D)It is lawful to indict accused persons at the instance of Her Majesty's Advocate.]
(3)The advocates depute shall not demit office when a Lord Advocate dies or demits office but shall continue in office until their successors receive commissions.
(4)The advocates depute and procurators fiscal shall have power, notwithstanding any vacancy in the office of Lord Advocate [F8or Solicitor General], to take up and proceed with any indictment which—
(a)by virtue of subsection (1) [F9or (2B)] above, remains effective; or
(b)by virtue of subsection (2) above, is [F10raised at the instance] of the Solicitor General.
[F11(c)by virtue of subsection (2D) above, is raised at the instance of Her Majesty's Advocate]
(5)For the purposes of this Act, where, but for this subsection, demission of office by one Law Officer would result in the offices of both being vacant, he or, where both demit office on the same day, the person demitting the office of Lord Advocate shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted.
(6)The Lord Advocate shall enter upon the duties of his office immediately upon the grant of his warrant of appointment; F12. . ..
Textual Amendments
F1S. 287 title substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(3), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F2Words in s. 287(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(a)(i), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F3Words in s. 287(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F4Words in s. 287(1) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(a)(iii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F5Words in s. 287(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(b)(i), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F6Words in s. 287(2) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(b)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F7S. 287(2A)-(2D) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(c), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F8Words in s. 287(4) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(i), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F9Words in s. 287(4)(a) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F10Words in s. 287(4)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(iii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F11S. 287(4)(c) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(iv), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F12Words in s. 287(6) repealed (20.5.1999) by S.I. 1999/1042, arts. 1(2)(b), 4, Sch. 2 Pt. I para. 11, Pt. III; S.I. 1998/3178, art. 2(2), Sch. 4
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open The Whole Act
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?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
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?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
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?
You have chosen to open the Whole Act without Schedules
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?
You have chosen to open Schedules only
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?
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
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.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.