Criminal Procedure (Scotland) Act 1995

64 Prosecution on indictment. S

(1) All prosecutions for the public interest before the High Court or before the sheriff sitting with a jury shall proceed on indictment [F1 at the instance] of Her Majesty’s Advocate.

(2) The indictment may be in the forms—

(a) set out in Schedule 2 to this Act; or

(b) prescribed by Act of Adjournal,

or as nearly as may be in such form.

(3) Indictments in proceedings before the High Court shall be signed by the Lord Advocate or one of his deputes.

(4) Indictments in proceedings before the sheriff sitting with a jury shall be signed by the procurator fiscal, and the words “By Authority of Her Majesty’s Advocate” shall be prefixed to the signature of the procurator fiscal.

(5) The principal record and service copies of indictments and all notices of citation, lists of witnesses, productions and jurors, and all other official documents required in a prosecution on indictment may be either written or printed or partly written and partly printed.

(6) Schedule 3 to this Act shall have effect as regards indictments under this Act.

Textual Amendments

F1 Words in s. 64(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(2), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)