Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 70A

 Help about opening options

Alternative versions:

Status:

Point in time view as at 05/11/2021.

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 70A is up to date with all changes known to be in force on or before 09 March 2025. 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. Help about Changes to Legislation

[F170ADefence statementsS

(1)This section applies where an indictment is served on an accused.

(2)The accused must lodge a defence statement at least 14 days before the first diet.

(3)The accused must lodge a defence statement at least 14 days before the preliminary hearing.

(4)At least 7 days before the trial diet the accused must—

(a)where there has been no material change in circumstances in relation to the accused's defence since the last defence statement was lodged, lodge a statement stating that fact,

(b)where there has been a material change in circumstances in relation to the accused's defence since the last defence statement was lodged, lodge a defence statement.

(5)If after lodging a statement under subsection (2), (3) or (4) there is a material change in circumstances in relation to the accused's defence, the accused must lodge a defence statement.

(6)Where subsection (5) requires a defence statement to be lodged, it must be lodged before the trial diet begins unless on cause shown the court allows it to be lodged during the trial diet.

(7)The accused may lodge a defence statement—

(a)at any time before the trial diet, or

(b)during the trial diet if the court on cause shown allows it.

(8)As soon as practicable after lodging a defence statement or a statement under subsection (4)(a), the accused must send a copy of the statement to the prosecutor and any co-accused.

(9)In this section, “defence statement” means a statement setting out—

(a)the nature of the accused's defence, including any particular defences on which the accused intends to rely,

(b)any matters of fact on which the accused takes issue with the prosecution and the reason for doing so,

(c)particulars of the matters of fact on which the accused intends to rely for the purposes of the accused's defence,

(d)any point of law which the accused wishes to take and any authority on which the accused intends to rely for that purpose,

(e)by reference to the accused's defence, the nature of any information that the accused requires the prosecutor to disclose, and

(f)the reasons why the accused considers that disclosure by the prosecutor of any such information is necessary.]

Back to top

Options/Help

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?