Search Legislation

Criminal Justice (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

61Citation other than by service of indictment or complaint

This section has no associated Explanatory Notes

(1)In section 66 of the 1995 Act (service and lodging of indictment etc.)—

(a)for subsection (4) there is substituted—

(4)The accused may be cited either—

(a)by being served with a copy of the indictment and of the list of the names and addresses of the witnesses to be adduced by the prosecution; or

(b)by a constable affixing to the door of the accused’s dwelling-house or place of business a notice in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form—

(i)specifying the date on which it was so affixed;

(ii)informing the accused that he may collect a copy of the indictment and of such list as is mentioned in paragraph (a) above from a police station specified in the notice; and

(iii)calling upon him to appear and answer to the indictment at such diet as shall be so specified.

(4A)Where a date is specified by virtue of sub-paragraph (i) of subsection (4)(b) above, that date shall be deemed the date on which the indictment is served; and the copy of the indictment referred to in sub-paragraph (ii) of that subsection shall, for the purposes of subsections (12) and (13) below be deemed the service copy.

(4B)Paragraphs (a) and (b) of subsection (6) below shall apply for the purpose of specifying a diet by virtue of subsection (4)(b)(iii) above as they apply for the purpose of specifying a diet in any notice under subsection (6).;

(b)in subsection (6)—

(i)for the words “Except where the indictment is served” there is substituted “If the accused is cited by being served with a copy of the indictment, then except where such service is”; and

(ii)in paragraph (b), the words “and notice” are repealed;

(c)in subsection (7), at the beginning there is inserted “Subject to subsection (4)(b) above,”;

(d)in subsection (8), after the word “indictment” there is inserted “, to citation under subsection (4)(b) above”;

(e)in subsection (11), after the word—

(i)“indictment” there is inserted “, or who executed a citation under subsection (4)(b) above,”; and

(ii)“service” there is inserted “or execution”;

(f)in subsection (13), the words “required to be” are repealed; and

(g)in subsection (14)—

(i)for the word “of”, in the second place where it occurs, there is substituted “or”; and

(ii)for the words “requiring to be” there is substituted “so”.

(2)In section 140(2) of that Act (form of citation in summary proceedings), at the beginning there is inserted “Without prejudice to section 141(2A) of this Act,”.

(3)In section 141 of that Act (manner of citation in such proceedings)—

(a)after subsection (2) there is inserted—

(2A)Notwithstanding subsection (1) above and section 140(2) of this Act, citation of the accused may also be effected by an officer of law affixing to the door of the accused’s dwelling-house or place of business a notice in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form—

(a)specifying the date on which it was so affixed;

(b)informing the accused that he may collect a copy of the complaint from a police station specified in the notice; and

(c)calling upon him to appear and answer the complaint at such diet as shall be so specified.

(2B)Where the citation of the accused is effected by notice under subsection (2A) above, the induciae shall be reckoned from the date specified by virtue of paragraph (a) of that subsection.;

(b)in subsection (3), after the word “below” there is inserted “and without prejudice to the effect of any other manner of citation”;

(c)in subsection (5), after the word “subsection”, in the first place where it occurs, there is inserted “(2A) or”; and

(d)in subsection (7)—

(i)the existing words from “a citation” to the end shall be paragraph (a); and

(ii)after that paragraph there shall be added the word “; or” and the following paragraph—

(b)citation has been effected by notice under subsection (2A) above, if there is produced in court a written execution, in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form, signed by the officer of law who affixed the notice..

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources