Criminal Procedure (Scotland) Act 1995

307 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “appropriate court” means a court named as such in pursuance of section 228(4) of this Act or of Schedule 6 to this Act in a probation order or in an amendment of any such order made on a change of residence of a probationer;

• [F1 “assessment order” has the meaning given by section 52D of this Act;]

• “bail” means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires;

• “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists;

• “child”, except in section 46(3) of and Schedule 1 to this Act, has the meaning assigned to that expression for the purposes of Chapters 2 and 3 of Part II of the M1 Children (Scotland) Act 1995;

• [F2 “child witness” shall be construed in accordance with section 271(1)(a) of this Act;]

• “children’s hearing” has the meaning assigned to it in Part II of the Children (Scotland) Act 1995;

• “Clerk of Justiciary” shall include assistant clerk of justiciary and shall extend and apply to any person duly authorised to execute the duties of Clerk of Justiciary or assistant clerk of justiciary;

• [F3 “the Commission” has the meaning given by section 194A(1) of this Act;]

• “commit for trial” means commit until liberation in due course of law;

• “community service order” means an order made under section 238 of this Act;

• “complaint” includes a copy of the complaint laid before the court;

• [F4 “compulsion order” has the meaning given by section 57A of this Act;]

• “constable” has the same meaning as in the M2 Police (Scotland) Act 1967;

• “court of summary jurisdiction” means a court of summary criminal jurisdiction;

• “court of summary criminal jurisdiction” includes the sheriff court and [F5 JP court];

• “crime” means any crime or offence at common law or under any Act of Parliament whether passed before or after this Act, and includes an attempt to commit any crime or offence;

• [F6 “devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;]

• “diet” includes any continuation of a diet;

• [F7 “drug treatment and testing order” has the meaning assigned to it in section 234B(2) of this Act;]

• “enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

• “examination of facts” means an examination of facts held under section 55 of this Act;

• “existing” means existing immediately before the commencement of this Act;

• “extract conviction” and “extract of previous conviction” include certified copy conviction, certificate of conviction, and any other document lawfully issued from any court of justice of the United Kingdom as evidence of a conviction [F8 and also include a conviction extracted and issued as mentioned in section 286A(3)(a) and (b) of this Act];

• “fine” includes—

  (a)

  any pecuniary penalty, (but not a pecuniary forfeiture or pecuniary compensation); and

  (b)

  an instalment of a fine;

• “governor” means, in relation to a contracted out prison within the meaning of section 106(4) of the M3 Criminal Justice and Public Order Act 1994, the director of the prison;

• “guardian”, in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

• “guardianship order” has the meaning assigned to it by section 58 of this Act;

• “High Court” and “Court of Justiciary” shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;

• “hospital” means—

  (a)

  any hospital vested in the Secretary of State under the M4 National Health Service (Scotland) Act 1978;

  (aa)

  [F9 any hospital managed by a National Health Service Trust established under section 12A of that Act;]

  (b)

  any private hospital [F10 as defined in section 12(2)] of the M5 Mental Health (Scotland) Act 1984; and

  (c)

  any State hospital;

• [F11 “hospital direction” has the meaning assigned to it by section 59A(1) of this Act;]

• F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “impose detention” or “impose imprisonment” means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for contempt of court;

• “indictment” includes any indictment whether in the sheriff court or the High Court framed in the form set out an Act of Adjournal or as nearly as may be in such form;

• [F13 “interim compulsion order” has the meaning given by section 53 of this Act;]

• [F14 “JP court” means a justice of the peace court;]

• “judge”, in relation to solemn procedure, means a judge of a court of solemn criminal jurisdiction and, in relation to summary procedure, means any sheriff or any judge of a [F5 JP court];

• “justice” includes the sheriff and any stipendiary magistrate or justice of the peace;

• [F15 “justice of the peace” means a justice of the peace appointed under section 67 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6);]

• “legalised police cells” has the like meaning as in the M6 Prisons (Scotland) Act 1989;

• “local authority” has the meaning assigned to it by section 1(2) of the M7 Social Work (Scotland) Act 1968;

• [F16 “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000]

• “Lord Commissioner of Justiciary” includes Lord Justice General and Lord Justice Clerk;

• [F17 “mental disorder” has the meaning given by section 328(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13);

• “Mental Welfare Commission” means the Mental Welfare Commission for Scotland;]

• “offence” means any act, attempt or omission punishable by law;

• “officer of law” includes, in relation to the service and execution of any warrant, citation, petition, indictment, complaint, list of witnesses, order, notice, or other proceeding or document—

  (a)

  any macer, messenger-at-arms, sheriff officer or other person having authority to execute a warrant of the court;

  (b)

  any constable;

  (ba)

  [F18 subject to subsection (1A) below, an officer of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs;]

  (c)

  any person who is employed [F19 or appointed] under section 9 of the M8 Police (Scotland) Act 1967 for the assistance of the constables of a police force and who [F20 either] is authorised by the chief constable of that police force in relation to service and execution as mentioned above [F21 or is a police custody and security officer] ;

  (d)

  where the person upon whom service or execution is effected is in prison at the time of service on him, any prison officer; and

  (e)

  any person or [F22 class of persons] authorised in that regard for the time being by the Lord Advocate or by the Secretary of State;

• “order” means any order, byelaw, rule or regulation having statutory authority;

• [F23 “order for lifelong restriction”means an order under section 210F(1) of this Act;]

• “patient” means a person suffering or appearing to be suffering from mental disorder;

• “place of safety”, in relation to a person not being a child, means any police station, prison or remand centre, or any hospital the board of management of which are willing temporarily to receive him, and in relation to a child means a place of safety within the meaning of Part II of the M9 Children (Scotland) Act 1995;

• [F24 “postal operator” has the meaning assigned to it by section 125(1) of the Postal Services Act 2000.]

• [F25 “preliminary hearing” shall be construed in accordance with section 66(6)(b) of this Act and, where in any case a further preliminary hearing is held or to be held under this Act, includes the diet consisting of that further preliminary hearing;]

• [F26 “preliminary issue” shall be construed in accordance with section 79(2)(b) of this Act;]

• [F27 “preliminary plea” shall be construed in accordance with section 79(2)(a) of this Act;]

• “the prescribed sum” has the meaning given by section 225(8) of this Act;

• “prison” does not include a naval, military or air force prison;

• “prison officer” and “officer of a prison” means, in relation to a contracted out prison within the meaning of section 106(4) of the M10 Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act;

• “probationer” means a person who is under supervision by virtue of a probation order or who was under such supervision at the time of the commission of any relevant offence or failure to comply with such order;

• “probation order” has the meaning assigned to it by section 228 of this Act;

• “probation period” means the period for which a probationer is placed under supervision by a probation order;

• “procurator fiscal” means the procurator fiscal for a sheriff court district, and includes assistant procurator fiscal and procurator fiscal depute and any person duly authorised to execute the duties of the procurator fiscal;

• “prosecutor”—

  (a)

  for the purposes of proceedings other than summary proceedings, includes Crown Counsel, procurator fiscal, any other person prosecuting in the public interest and any private prosecutor; and

  (b)

  for the purposes of summary proceedings, includes procurator fiscal, and any other person prosecuting in the public interest and complainer and any person duly authorised to represent or act for any public prosecutor;

• “remand” means an order adjourning the proceedings or continuing the case and giving direction as to detention in custody or liberation during the period of adjournment or continuation and references to remanding a person or remanding in custody or on bail shall be construed accordingly;

• “remand centre” has the like meaning as in the M11 Prisons (Scotland) Act 1989;

• F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “restriction order” has the meaning assigned to it by section 59 of this Act;

• [F30 “risk assessment order”means an order under section 210B(2) of this Act;]

• [F31 “risk assessment report”has the meaning given by section 210B(3)(a) of this Act;]

• “sentence”, whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court;

• “sheriff clerk” includes sheriff clerk depute, and extends and applies to any person duly authorised to execute the duties of sheriff clerk;

• “sheriff court district” extends to the limits within which the sheriff has jurisdiction in criminal matters whether by statute or at common law;

• “State hospital” has the meaning assigned to it in Part VIII of the Mental Health (Scotland) Act 1984;

• “statute” means any Act of Parliament, public general, local, or private, and any Provisional Order confirmed by Act of Parliament;

• [F32 “stipendiary magistrate” means a stipendiary magistrate appointed under section 74 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6);]

• “supervision requirement” has the meaning assigned to it in Part II of the Children (Scotland) Act 1995;

• “training school order” has the same meaning as in the Social Work (Scotland) Act 1968;

• [F33 “treatment order” has the meaning given by section 52M of this Act;]

• [F34 “the unified citation provisions”means section 216(5) and (6)(a) and (b) of this Act;]

• [F35 “vulnerable witness” shall be construed in accordance with section 271(1) of this Act;]

• “witness” includes haver;

• “young offenders institution” has the like meaning as in the M12 Prisons (Scotland) Act 1989.

[F36 (1A) The inclusion of officers of Revenue and Customs as “officers of law” shall not have effect in relation to any matter specified in—

(a) section 54(4)(b) or (f) of; or

(b) paragraphs 3, 7, 10, 13 to 15, 19 or 24 to 29 of Schedule 1 to,

the Commissioners for Revenue and Customs Act 2005 (former Inland Revenue matters).

(1B) In any proceedings (whether civil or criminal) under or arising from this Act, a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue and Customs had the authority to exercise a power or function conferred by a provision of this Act shall be conclusive evidence of that fact.]

(2) References in this Act to a court do not include references to a court-martial ; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a court-martial under the M13 Naval Discipline Act 1957, the M14 Army Act 1955 or the M15 Air Force Act 1955 for a civil offence within the meaning of those Acts.

(3) For the purposes of this Act, except section 228(6), where a probation order has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought.

(4) Any reference in this Act to a previous sentence of imprisonment shall be construed as including a reference to a previous sentence of penal servitude; any such reference to a previous sentence of Borstal training shall be construed as including a reference to a previous sentence of detention in a Borstal institution.

(5) Any reference in this Act to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of the United Kingdom and to a previous sentence passed by any such court[F37 except—

(a) where the context otherwise requires; and

(b) in sections 69(2) and 166, where such a reference includes a reference to a previous conviction, by a court in another member State of the European Union, of an act punishable under the law in force in that State (an act so punishable being taken to constitute an offence under that law however described in that law)]

(6) References in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment, including this Act, upon the imprisonment of offenders of his age.

(7) Without prejudice to section 46 of this Act, where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.

(8) References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

Textual Amendments

F1 S. 307(1): definition of "assessment order" inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 333(1), 333(2)-(4), Sch. 4 para. 8(16)(a); S.S.I. 2005/161, art. 3

F2 Definition of "child witness" in s. 307(1) inserted (2.7.2007 for certain purposes and otherwise 1.4.2008) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 1(2), 25; S.S.I. 2007/329, art. 2, Sch. (with art. 4); S.S.I. 2008/57, art. 2 (with art. 3)

F3 Definition in s. 307(1) inserted (1.4.1999) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(34)(a); S.I. 1999/652, art. 2, Sch. (subject to savings and transitional provisions in art. 3)

F4 S. 307(1): definition of "compulsion order" inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 333(1), 333(2)-(4), Sch. 4 para. 8(16)(b); S.S.I. 2005/161, art. 3

F5 S. 307(1): words in the definition of "court of summary criminal jurisdiction" and "judge" substituted (10.3.2008, 2.6.2008, 8.12.2008 and 23.2.2009, otherwise prosp.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 25(a); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.

F6 Definition in s. 307(1) inserted (20.5.1999) by 1998 c. 46, s. 125, Sch. 8 para. 32(3) (with s. 126-(3)-(11)); S.I. 1998/3178, art. 2(2), Sch. 4

F7 Definition in s. 307(1) inserted (30.9.1998) by 1998 c. 37, s. 95(2); S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)

F8 S. 307(1): words in the definition of "extract conviction" and "extract of previous conviction" added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 57(5)(a), 89; S.S.I. 2003/288, art. 2, Sch.

F9 S. 307(1): para. (aa) in definition of "hospital" inserted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(34)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F10 Words in s. 307(1) substituted (1.10.2001) by 2001 asp 8, s. 79, Sch. 3 para. 20; S.S.I. 2001/304, art. 2(1)(b)(d)

F11 Definition in s. 307(1) inserted (1.1.1998) by 1997 c. 48, s. 6(5); S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)

F12 S. 307(1): definition of "hospital order" repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(2)(3), 333(2)-(4), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3

F13 S. 307(1): definition of "interim compulsion order" inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 333(1), 333(2)-(4), Sch. 4 para. 8(16)(c); S.S.I. 2005/161, art. 3

F14 S. 307(1): definition of "JP court" inserted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 25(c); S.S.I. 2008/42, art. 3, Sch.

F15 S. 307(1): definition of "justice of the peace" substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 25(b); S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)

F16 S. 307(1): definition of "local probation board" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 126; S.I. 2001/919, art. 2(f)(ii)

F17 S. 307(1): definitions of "mental disorder" and "Mental Welfare Commission" inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 333(1), 333(2)-(4), Sch. 4 para. 8(16)(d); S.S.I. 2005/161, art. 3

F18 S. 307(1): paragraph (ba) in the definition of "officer of law" substituted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 9,14; S.I. 2007/3166, art. 3(b)

F19 S. 307(1): words in the definition of "officer of law" inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(11)(a), 89; S.S.I. 2003/288, art. 2, Sch.

F20 S. 307(1): words in the definition of "officer of law" inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(11)(b), 89; S.S.I. 2003/288, art. 2, Sch.

F21 S. 307(1): words in the definition of "officer of law" added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(11)(c), 89; S.S.I. 2003/288, art. 2, Sch.

F22 S. 307(1): words in para. (e) of the definition of “officer of law”substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 124(b); S.I. 1998/2327, arts. 2(1)(y)(2)(kk) (subject to arts. 5-8)

F23 S. 307(1): definition of "order for lifelong restriction" inserted (19.6.2006 for certain purposes and otherwise prosp.) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1(2), 89, Sch. 1 para. 2(7); S.S.I. 2006/332, art. 2(1) (subject to art. 2(2))

F24 Words in s. 307(1) inserted (26.3.2001) by S.I. 2001/1149, s. 3(1), Sch. para. 104(7) (subject to art. 1(3))

F25 S. 307(1): definition of "preliminary hearing" inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 57; S.S.I. 2004/405, art. 2(1), Sch. 1

F26 S. 307(1): definition of "preliminary issue" inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 57; S.S.I. 2004/405, art. 2(1), Sch. 1

F27 S. 307(1): definition of "preliminary plea" inserted (1.2.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 57; S.S.I 2004/405, {art. 2(1)}, Sch. 1

F28 S. 307(1): definition of "residential establishment" repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(2)(3), 333(2)-(4), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3

F29 S. 307(1): definition of "responsible medical officer" repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(2)(3), 333(2)-(4), Sch. 5 Pt. 1; S.S.I. 2005/161, art. 3

F30 S. 307(1): definition of "risk assessment order" inserted (19.6.2006 for certain purposes and otherwise prosp.) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1(2), 89, Sch. 1 para. 2(7); S.S.I. 2006/332, art. 2(1) (subject to art. 2(2))

F31 S. 307(1): definition of "risk assessment report" inserted (19.6.2006 for certain purposes and otherwise prosp.) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1(2), 89, Sch. 1 para. 2(7); S.S.I. 2006/332, art. 2(1) (subject to art. 2(2))

F32 S. 307(1): definition of "stipendiary magistrate" inserted (10.3.2008, 2.6.2008, 8.12.2008 and 23.2.2009 for certain purposes, otherwise prosp.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 25(a); S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.

F33 S. 307(1): definition of "treatment order" inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 333(1), 333(2)-(4), Sch. 4 para. 8(16)(e); S.S.I. 2005/161, art. 3

F34 S. 307(1): definition of "the unified citation provisions" inserted (27.10.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 60(2), 89; S.S.I. 2003/475, art. 2, Sch.

F35 Definition of "vulnerable witness" in s. 307(1) inserted (2.7.2007 for certain purposes and 1.4.2008) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 1(2), 25; S.S.I. 2007/329, art. 2(1), Sch. (with art. 4); S.S.I. 2008/57, art. 2 (with art. 3)

F36 S. 307(1A)(1B) inserted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 10, 14; S.I. 2007/3166, art. 3(b)

F37 S. 307(5)(a)(b) and preceding word added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 57(5)(b), 89; S.S.I. 2003/288, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 307(2) modified (24.4.2009 for certain purposes and otherwise prosp.) The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 205, Sch. 1 para. 35

Marginal Citations

M1 1995 c.36.

M2 1967 c.77.

M3 1994 c.33.

M4 1978 c.29.

M5 1984 c.36.

M6 1989 c.45.

M7 1968 c.49.

M8 1967 c.77.

M9 1995 c.36.

M10 1994 c.33.

M11 1989 c.45.

M12 1989 c.45.

M13 1957 c.53.

M14 1955 c.18.

M15 1955 c.19.