Part VII Miscellaneous and General

Other miscellaneous provisions

73 Amendments to the Criminal Procedure (Scotland) Act 1995.

(1)

The M1Criminal Procedure (Scotland) Act 1995 shall be amended as follows.

(2)

In section 27 (breach of bail conditions: offences) the following subsection shall be inserted after subsection (4)—

“(4A)

The fact that the subsequent offence was committed while the accused was on bail shall, unless challenged—

(a)

in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or

(b)

in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted.”.

(3)

In subsection (1) of section 65 (prevention of delay in trials), for the words from “shall be discharged forthwith” to the end of the subsection there shall be substituted—

“(a)

shall be discharged forthwith from any indictment as respects the offence; and

(b)

shall not at any time be proceeded against on indictment as respects the offence”.

(4)

In Schedule 9 (certificates as to proof of certain routine matters), in the entry relating to the M2Social Security Administration Act 1992, for “Section 114(4)” in column 1 there shall be substituted “ Section 112(1) ”.