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Criminal Proceedings etc. (Reform) (Scotland) Act 2007

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This is the original version (as it was originally enacted).

62Area and territorial jurisdiction of JP courts

This section has no associated Explanatory Notes

(1)A JP court has territorial jurisdiction in respect of offences committed within—

(a)the sheriff court district in which it is located, and

(b)any other district in the same sheriffdom.

(2)Without prejudice to subsection (1)(b), it is competent for proceedings for an offence committed in one district in a sheriffdom to be taken in a JP court in any other district in the sheriffdom.

(3)Sections 9 and 10 of the 1995 Act include further provision in relation to the territorial jurisdiction of JP courts.

(4)A JP or stipendiary magistrate may exercise the judicial functions of office at any place within the sheriffdom for which the JP or (as the case may be) magistrate is appointed.

(5)It is also competent (in the exercise of judicial functions) for a JP or stipendiary magistrate to sign, at any other place in Scotland, any—

(a)warrant, judgment or interlocutor, or

(b)other document,

relating to criminal proceedings within that sheriffdom.

(6)A JP or stipendiary magistrate may exercise signing functions at any place in Scotland.

(7)The competence of a JP or stipendiary magistrate under subsections (4) and (5) extends to competence to—

(a)exercise the functions mentioned in those subsections for the purposes of any remaining district court for an area wholly or partly within the sheriffdom for which the JP or (as the case may be) stipendiary magistrate is appointed, and

(b)do so at any place within the area of that district court.

(8)Any reference in this Act, the 1995 Act or any other enactment to the area of a JP court means the sheriff court district in which it is located.

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