Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

Section 3

SCHEDULE 3U.K. Transitional Provisions, Transitory Modifications and Savings

Part IS General and Miscellaneous

General saving for old savingsS

1SThe repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.

Documents referring to repealed enactmentsS

2SAny document made served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as the contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.

Provisions relating to the coming into force of other provisionsS

3(1)The repeal by this Act of a provision providing for or relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of the first provision, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.S

(2)The repeal by this Act of a power to make provision or savings in preparation for or in connection with the coming into force of a provision reproduced in the consolidating Acts does not affect the power, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.

Part IIU.K. Specific Provisions

Local government reformS

4(1)At any time before 1 April 1996 or the coming into force of section 1 of the M1Local Government etc (Scotland) Act 1994, whichever is the later, in section 206 of the Principal Act, for subsection (6) there shall be substituted the following subsection—S

“(6)In this section the expression “police authority” means a regional or islands council, except that where there is an amalgamation scheme under the M2Police (Scotland) Act 1967 in force it means a joint police committee.”

(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Principal ReporterS

5U.K.Until the coming into force of section 127 of the Local Government etc. (Scotland) Act 1994, for any reference in any provision of the Principal Act to the Principal Reporter there shall be substituted a reference to the reporter of the local authority in whose area any child referred to in that provision resides.

PenaltiesS

6(1)The repeal by this Act of any enactment—S

(a)by virtue of which the penalty which may be imposed in respect of any offence is altered; but

(b)which provides that the penalty in respect of such an offence committed before a particular date shall not be so altered,

shall not affect the penalty which may be imposed in respect of an offence mentioned in paragraph (b) above.

(2)The periods of imprisonment set forth in subsection (2) of section 219 of the Principal Act shall apply to the non-payment of any sum imposed under that section by a court under a statute or order passed or made before 1 June 1909, notwithstanding that that statute or order fixes any other period of imprisonment.

District court procedureS

7SThe repeal by this Act of section 4 of the M3District Courts (Scotland) Act 1975 shall not affect the rules of procedure and practice in the district court.

Detention of children in summary proceedingsS

8SNotwithstanding the repeal by Schedule 2 of the M4Criminal Justice (Scotland) Act 1987 of section 58A of the M5Children and Young Persons (Scotland) Act 1937, any child who, before 1 April 1988 (the date of commencement of section 59 of the said Act of 1987), had been ordered to be detained pursuant to the directions of the Secretary of State under section 413 of the M6Criminal Procedure (Scotland) Act 1975—

(a)shall, while so detained after such date, continue to be deemed to be in legal custody; and

(b)may at any time be released conditionally or unconditionally by the Secretary of State, and any such child conditionally released shall be liable to recall on the directions of the Secretary of State and if he fails to comply with any condition of his release he may be apprehended without warrant and taken to the place from which he was released.

Effect of probation and absolute dischargeS

9SSubsections (1) and (2) of section 246 of the Principal Act shall not affect the operation, in relation to an offender as mentioned in those subsections, of any enactment which was in force as at the commencement of section 9(3)(b) of the M7Criminal Justice (Scotland) Act 1949 and is expressed to extend to persons dealt with under section 1(1) of the M8 Probation of Offenders Act 1907 as well as to convicted persons.

Restriction on discharge of hospital orderS

10SUntil the coming into force of section 54 of the M9Criminal Justice (Scotland) Act 1995, in section 59 of the Principal Act for the words “without limit of time” there shall be substituted the words “ either without limit of time or during such period as may be specified in the order ”.

Aiding and abettingS

11SSubsection (2) of section 293 of the Principal Act shall not apply in respect of any offence committed before 1 October 1987 (the date of commencement of section 64 of the Criminal Justice (Scotland) Act 1987).

Penal servitude and hard labourS

12(1)Any enactment which confers power on a court to pass a sentence of penal servitude in any case shall be construed, subject to sub-paragraph (3) below, as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before 12 June 1950.S

(2)Any enactment which confers power on a court to pass a sentence of imprisonment with hard labour in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of imprisonment with hard labour could have been passed in that case immediately before 12 June 1950.

(3)Nothing in sub-paragraph (1) above shall be construed as empowering a court, other than the High Court, to pass a sentence of imprisonment for a term exceeding [F2five years] .

Supervised attendance ordersS

13SF3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearsay evidenceS

14SNothing in the sections 259 to 261 of the Principal Act shall apply to—

(a)proceedings commenced; or

(b)where the proceedings consist of an application to the sheriff by virtue of section 42(2)(c) of the M10Social Work (Scotland) Act 1968 or by virtue of Chapter 3 of Part II of the M11Children (Scotland) Act 1995, an application made,

before sections 17 to 20 of the M12Criminal Justice (Scotland) Act 1995 came into force; and, for the purposes of paragraph (a) above, solemn proceedings are commenced when the indictment is served.

Confiscation of proceeds of crime, etc.S

15(1)Where a person is charged with an offence in relation to which provision is made by Part I of the M13Proceeds of Crime (Scotland) Act 1995, being an offence committed before the coming into force of Chapter I of Part II of the Criminal Justice (Scotland) Act 1995, Part I of the said Proceeds of Crime (Scotland) Act shall not affect the powers of the court in the event of his being convicted of the offence.S

(2)Where a person is charged with an offence committed before the coming into force of Part II of the Proceeds of Crime (Scotland) Act 1995, in the event of his being convicted of the offence, the court shall be entitled to exercise the powers conferred by section 223 or section 436 of the M14Criminal Procedure (Scotland) Act 1975, but not the powers conferred by that Part.

(3)Paragraph (b) of section 2(4) of the Proceeds of Crime (Scotland) Act 1995 shall not apply in the case of an offence committed before the coming into force of Chapter I of Part II of the Criminal Justice (Scotland) Act 1995.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In any case in which a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 29 December 1986 (the date on which the M15Insolvency Act 1986 came into force), paragraph 2(2) to (5) of Schedule 2 to the Proceeds of Crime (Scotland) Act 1995 shall have effect with the following modifications—

(a)for references to the bankrupt’s estate for the purposes of Part IX of the said Act of 1986 there are substituted references to the property of the bankrupt for the purposes of the M16Bankruptcy Act 1914;

(b)for references to the said Act of 1986 and to sections 280(2)(c), 286, 339, and 423 of that Act there are respectively substituted references to the said Act of 1914 and to sections 26(2), 8, 27 and 42 of that Act;

(c)the references in subsection (4) to an interim receiver appointed as there mentioned include, where a receiving order has been made, a reference to the receiver constituted by virtue of section 7 of the said Act of 1914, and

(d)subsection (2)(b) is omitted.

(6)In any case in which a winding up of a company commenced, or is treated as having commenced, before 29 December 1986, paragraph 3(2) to (6) of the said Schedule 2 shall have effect with the substitution for references to the said Act of 1986 of references to the M17Companies Act 1985.

(7)In any case in which a receiver was appointed as is mentioned in sub-paragraph (1) of paragraph 4 of the said Schedule 2 before 29 December 1986, sub-paragraphs (2) to (4) of that paragraph have effect with the substitution for references to the said Act of 1986 of references to the Companies Act 1985.

Criminal Justice (Scotland) Act 1995 (c. 20)S

16(1)Any enactment repealed by this Act which has been amended by any provision of the Criminal Justice (Scotland) Act 1995 which has not been brought into force at the commencement of this Act shall, notwithstanding such repeal, continue to have effect until such provision is brought into force as if it had not been so repealed or amended.S

(2)Any provision of the consolidating Acts which re-enacts any enactment contained in the said Criminal Justice (Scotland) Act which has not been brought into force at the commencement of this Act shall be of no effect until such enactment is brought into force.

(3)The repeal by this Act of any enactment contained in the Criminal Justice (Scotland) Act 1995 which has not been brought into force shall not have effect until such enactment is brought into force.

Children (Scotland) Act 1995 (c. 36)S

17SAny enactment repealed by this Act which has been amended by any provision of the Children (Scotland) Act 1995 which has not been brought into force at the commencement of this Act shall, notwithstanding such repeal, continue to have effect until such provision is brought into force as if it had not been so repealed or amended.

False oathsS

18SWhere an offence mentioned in section 45(5) of the M18Criminal Law (Consolidation) (Scotland) Act 1995 is, by any Act passed before 28 June 1933, as originally enacted, made punishable only on summary conviction, it shall remain only so punishable.