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Criminal Procedure (Scotland) Act 1995

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This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Criminal Courts

    1. Jurisdiction and Powers

      1. The High Court

        1. 1.Judges in the High Court

        2. 2.Fixing of High Court sittings

      2. Solemn courts: general

        1. 3.Jurisdiction and powers of solemn courts

      3. The sheriff

        1. 4.Territorial jurisdiction of sheriff

        2. 5.The sheriff: summary jurisdiction and powers

      4. District courts

        1. 6.District courts: area, constitution and prosecutor

        2. 7.District court: jurisdiction and powers

      5. Sittings of sheriff and district courts

        1. 8.Sittings of sheriff and district courts

      6. Territorial jurisdiction: general

        1. 9.Boundaries of jurisdiction

        2. 10.Crimes committed in different districts

        3. 11.Certain offences committed outside Scotland

  3. PART II Police Functions

    1. Lord Advocate’s instructions

      1. 12.Instructions by Lord Advocate as to reporting of offences

    2. Detention and questioning

      1. 13.Powers relating to suspects and potential witnesses

      2. 14.Detention and questioning at police station

      3. 15.Rights of person arrested or detained

      4. 16.Drunken persons: power to take to designated place

    3. Arrest: access to solicitor

      1. 17.Right of accused to have access to solicitor

    4. Prints and samples

      1. 18.Prints, samples etc. in criminal investigations

      2. 19.Prints, samples etc. in criminal investigations: supplementary provisions

      3. 20.Use of prints, samples etc

    5. Schedule 1 offences

      1. 21.Schedule 1 offences: power of constable to take offender into custody

    6. Police liberation

      1. 22.Liberation by police

  4. PART III Bail

    1. 23.Bail applications

    2. 24.Bail and bail conditions

    3. 25.Bail conditions: supplementary

    4. 26.Bail: circumstances where not available

    5. 27.Breach of bail conditions: offences

    6. 28.Breach of bail conditions: arrest of offender, etc

    7. 29.Bail: monetary conditions

    8. 30.Bail review

    9. 31.Bail review on prosecutor’s application

    10. 32.Bail appeal

    11. 33.Bail: no fees exigible

  5. PART IV Petition Procedure

    1. Warrants

      1. 34.Petition for warrant

    2. Judicial examination

      1. 35.Judicial examination

      2. 36.Judicial examination: questioning by prosecutor

      3. 37.Judicial examination: record of proceedings

      4. 38.Judicial examination: rectification of record of proceedings

      5. 39.Judicial examination: charges arising in different districts

    3. Committal

      1. 40.Committal until liberated in due course of law

  6. PART V Children and Young Persons

    1. 41.Age of criminal responsibility

    2. 42.Prosecution of children

    3. 43.Arrangements where children arrested

    4. 44.Detention of children

    5. 45.Security for child’s good behaviour

    6. 46.Presumption and determination of age of child

    7. 47.Restriction on report of proceedings involving children

    8. 48.Power to refer certain children to reporter

    9. 49.Reference or remit to children’s hearing

    10. 50.Children and certain proceedings

    11. 51.Remand and committal of children and young persons

  7. PART VI Mental Disorder

    1. Committal of mentally disordered persons

      1. 52.Power of court to commit to hospital an accused suffering from mental disorder

    2. Interim hospital orders

      1. 53.Interim hospital orders

    3. Insanity in bar of trial

      1. 54.Insanity in bar of trial

    4. Examination of facts

      1. 55.Examination of facts

      2. 56.Examination of facts: supplementary provisions

    5. Disposal in case of insanity

      1. 57.Disposal of case where accused found to be insane

    6. Hospital orders and guardianship

      1. 58.Order for hospital admission or guardianship

      2. 59.Hospital orders: restrictions on discharge

      3. 60.Appeals against hospital orders

    7. Medical evidence

      1. 61.Requirements as to medical evidence

    8. Appeals under Part VI

      1. 62.Appeal by accused in case involving insanity

      2. 63.Appeal by prosecutor in case involving insanity

  8. PART VII Solemn Proceedings

    1. The indictment

      1. 64.Prosecution on indictment

      2. 65.Prevention of delay in trials

      3. 66.Service and lodging of indictment, etc

      4. 67.Witnesses

      5. 68.Productions

      6. 69.Notice of previous convictions

      7. 70.Proceedings against bodies corporate

    2. Pre-trial proceedings

      1. 71.First diet

      2. 72.Preliminary diet: notice

      3. 73.Preliminary diet: procedure

      4. 74.Appeals in connection with preliminary diets

      5. 75.Computation of certain periods

    3. Plea of guilty

      1. 76.Procedure where accused desires to plead guilty

      2. 77.Plea of guilty

    4. Notice by accused

      1. 78.Special defences, incrimination and notice of witnesses, etc

      2. 79.Preliminary pleas

    5. Alteration, etc, of diet

      1. 80.Alteration and postponement of trial diet

      2. 81.Procedure where trial does not take place

      3. 82.Desertion or postponement where accused in custody

      4. 83.Transfer of sheriff court solemn proceedings

    6. Jurors for sittings

      1. 84.Juries: returns of jurors and preparation of lists

      2. 85.Juries: citation and attendance of jurors

      3. 86.Jurors: excusal and objections

    7. Non-availability of judge

      1. 87.Non-availability of judge

    8. Jury for trial

      1. 88.Plea of not guilty, balloting and swearing of jury, etc

      2. 89.Jury to be informed of special defence

      3. 90.Death or illness of jurors

    9. Trial

      1. 91.Trial to be continuous

      2. 92.Trial in presence of accused

      3. 93.Record of trial

      4. 94.Transcripts of record and documentary productions

      5. 95.Verdict by judge alone

      6. 96.Amendment of indictment

      7. 97.No case to answer

      8. 98.Defence to speak last

      9. 99.Seclusion of jury to consider verdict

    10. Verdict and conviction

      1. 100.Verdict of jury

      2. 101.Previous convictions: solemn proceedings

      3. 102.Interruption of trial for other proceedings

  9. PART VIII Appeals from Solemn Proceedings

    1. 103.Appeal sittings

    2. 104.Power of High Court in appeals

    3. 105.Appeal against refusal of application

    4. 106.Right of appeal

    5. 107.Leave to appeal

    6. 108.Lord Advocate’s appeal against sentence

    7. 109.Intimation of intention to appeal

    8. 110.Note of appeal

    9. 111.Provisions supplementary to sections 109 and 110

    10. 112.Admission of appellant to bail

    11. 113.Judge’s report

    12. 114.Applications made orally or in writing

    13. 115.Presentation of appeal in writing

    14. 116.Abandonment of appeal

    15. 117.Presence of appellant or applicant at hearing

    16. 118.Disposal of appeals

    17. 119.Provision where High Court authorises new prosecution

    18. 120.Appeals: supplementary provisions

    19. 121.Suspension of disqualification, forfeiture, etc

    20. 122.Fines and caution

    21. 123.Lord Advocate’s reference

    22. 124.Finality of proceedings and Secretary of State’s reference

    23. 125.Reckoning of time spent pending appeal

    24. 126.Extract convictions

    25. 127.Forms in relation to appeals

    26. 128.Fees and expenses

    27. 129.Non-compliance with certain provisions may be waived

    28. 130.Bill of suspension not competent

    29. 131.Prosecution appeal by bill of advocation

    30. 132.Interpretation of Part VIII

  10. PART IX Summary Proceedings

    1. General

      1. 133.Application of Part IX of Act

      2. 134.Incidental applications

      3. 135.Warrants of apprehension and search

      4. 136.Time limit for certain offences

      5. 137.Alteration of diets

    2. Complaints

      1. 138.Complaints

      2. 139.Complaints: orders and warrants

    3. Citation

      1. 140.Citation

      2. 141.Manner of citation

    4. Children

      1. 142.Summary proceedings against children

    5. Companies

      1. 143.Prosecution of companies, etc

    6. First diet

      1. 144.Procedure at first diet

      2. 145.Adjournment for inquiry at first calling

      3. 146.Plea of not guilty

    7. Pre-trial procedure

      1. 147.Prevention of delay in trials

      2. 148.Intermediate diet

      3. 149.Alibi

    8. Failure of accused to appear

      1. 150.Failure of accused to appear

    9. Non-availability of judge

      1. 151.Death, illness or absence of judge

    10. Trial diet

      1. 152.Desertion of diet

      2. 153.Trial in presence of accused

      3. 154.Proof of official documents

      4. 155.Punishment of witness for contempt

      5. 156.Apprehension of witness

      6. 157.Record of proceedings

      7. 158.Interruption of summary proceedings for verdict in earlier trial

      8. 159.Amendment of complaint

      9. 160.No case to answer

      10. 161.Defence to speak last

    11. Verdict and conviction

      1. 162.Judges equally divided

      2. 163.Conviction: miscellaneous provisions

      3. 164.Conviction of part of charge

      4. 165.“Conviction” and “sentence” not to be used for children

      5. 166.Previous convictions: summary proceedings

      6. 167.Forms of finding and sentence

      7. 168.Caution

      8. 169.Detention in precincts of court

    12. Miscellaneous

      1. 170.Damages in respect of summary proceedings

      2. 171.Recovery of penalties

      3. 172.Forms of procedure

  11. PART X Appeals from Summary Proceedings

    1. General

      1. 173.Quorum of High Court in relation to appeals

      2. 174.Appeals relating to preliminary pleas

      3. 175.Right of appeal

    2. Stated case

      1. 176.Stated case: manner and time of appeal

      2. 177.Procedure where appellant in custody

      3. 178.Stated case: preparation of draft

      4. 179.Stated case: adjustment and signature

      5. 180.Leave to appeal against conviction etc

      6. 181.Stated case: directions by High Court

      7. 182.Stated case: hearing of appeal

      8. 183.Stated case: disposal of appeal

      9. 184.Abandonment of appeal

    3. New prosecution

      1. 185.Authorisation of new prosecution

    4. Appeals against sentence

      1. 186.Appeals against sentence only

      2. 187.Leave to appeal against sentence

    5. Disposal of appeals

      1. 188.Setting aside conviction or sentence: prosecutor’s consent or application

      2. 189.Disposal of appeal against sentence

      3. 190.Disposal of appeal where appellant insane

    6. Miscellaneous

      1. 191.Appeal by suspension or advocation on ground of miscarriage of justice

      2. 192.Appeals: miscellaneous provisions

      3. 193.Suspension of disqualification, forfeiture etc

      4. 194.Computation of time

  12. PART XI Sentencing

    1. General

      1. 195.Remit to High Court for sentence

      2. 196.Sentence following guilty plea

      3. 197.Sentencing guidelines

      4. 198.Form of sentence

      5. 199.Power to mitigate penalties

    2. Pre-sentencing procedure

      1. 200.Remand for inquiry into physical or mental condition

      2. 201.Power of court to adjourn case before sentence

      3. 202.Deferred sentence

      4. 203.Reports

    3. Imprisonment, etc.

      1. 204.Restrictions on passing sentence of imprisonment or detention

      2. 205.Punishment for murder

      3. 206.Minimum periods of imprisonment

      4. 207.Detention of young offenders

      5. 208.Detention of children convicted on indictment

      6. 209.Supervised release orders

      7. 210.Consideration of time spent in custody

    4. Fines

      1. 211.Fines

      2. 212.Fines in summary proceedings

      3. 213.Remission of fines

      4. 214.Fines: time for payment and payment by instalments

      5. 215.Application for further time to pay fine

      6. 216.Fines: restriction on imprisonment for default

      7. 217.Fines: supervision pending payment

      8. 218.Fines: supplementary provisions as to payment

      9. 219.Fines: periods of imprisonment for non-payment

      10. 220.Fines: part payment by prisoners

      11. 221.Fines: recovery by civil diligence

      12. 222.Transfer of fine orders

      13. 223.Transfer of fines: procedure for clerk of court

      14. 224.Discharge from imprisonment to be specified

      15. 225.Penalties: standard scale, prescribed sum and uprating

      16. 226.Penalties: exceptionally high maximum fines

    5. Caution

      1. 227.Caution

    6. Probation

      1. 228.Probation orders

      2. 229.Probation orders: additional requirements

      3. 230.Probation orders: requirement of treatment for mental condition

      4. 231.Probation orders: amendment and discharge

      5. 232.Probation orders: failure to comply with requirement

      6. 233.Probation orders: commission of further offence

      7. 234.Probation orders: persons residing in England and Wales

    7. Supervised attendance

      1. 235.Supervised attendance orders

      2. 236.Supervised attendance orders in place of fines for 16 and 17 year olds

      3. 237.Supervised attendance orders where court allows further time to pay fine

    8. Community service by offenders

      1. 238.Community service orders

      2. 239.Community service orders: requirements

      3. 240.Community service orders: amendment and revocation etc

      4. 241.Community service order: commission of offence while order in force

      5. 242.Community service orders: persons residing in England and Wales

      6. 243.Community service orders: persons residing in Northern Ireland

      7. 244.Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland

      8. 245.Community service orders: rules, annual report and interpretation

    9. Admonition and absolute discharge

      1. 246.Admonition and absolute discharge

      2. 247.Effect of probation and absolute discharge

    10. Disqualification

      1. 248.Disqualification where vehicle used to commit offence

    11. Compensation

      1. 249.Compensation order against convicted person

      2. 250.Compensation orders: supplementary provisions

      3. 251.Review of compensation order

      4. 252.Enforcement of compensation orders: application of provisions relating to fines

      5. 253.Effect of compensation order on subsequent award of damages in civil proceedings

    12. Forfeiture

      1. 254.Search warrant for forfeited articles

  13. PART XII Evidence

    1. Special capacity

      1. 255.Special capacity

    2. Agreed evidence

      1. 256.Agreements and admissions as to evidence

      2. 257.Duty to seek agreement of evidence

      3. 258.Uncontroversial evidence

    3. Hearsay

      1. 259.Exceptions to the rule that hearsay evidence is inadmissible

      2. 260.Admissibility of prior statements of witnesses

      3. 261.Statements by accused

      4. 262.Construction of sections 259 to 261

    4. Witnesses

      1. 263.Examination of witnesses

      2. 264.Spouse of accused a competent witness

      3. 265.Witnesses not excluded for conviction, interest, relationship, etc

      4. 266.Accused as witness

      5. 267.Witnesses in court during trial

    5. Additional evidence, etc.

      1. 268.Additional evidence

      2. 269.Evidence in replication

      3. 270.Evidence of criminal record and character of accused

    6. Evidence of children

      1. 271.Evidence of children: special provisions

    7. Evidence on commission and from abroad

      1. 272.Evidence by letter of request or on commission

      2. 273.Television link evidence from abroad

    8. Evidence relating to sexual offences

      1. 274.Restrictions on evidence relating to sexual offences

      2. 275.Exceptions to restrictions under section 274

    9. Biological material

      1. 276.Evidence of biological material

    10. Transcripts and records

      1. 277.Transcript of police interview sufficient evidence

      2. 278.Record of proceedings at examination as evidence

    11. Documentary evidence

      1. 279.Evidence from documents

    12. Routine evidence

      1. 280.Routine evidence

      2. 281.Routine evidence: autopsy and forensic science reports

    13. Sufficient evidence

      1. 282.Evidence as to controlled drugs and medicinal products

      2. 283.Evidence as to time and place of video surveillance recordings

      3. 284.Evidence in relation to fingerprints

    14. Proof of previous convictions

      1. 285.Previous convictions: proof, general

      2. 286.Previous convictions: proof in support of substantive charge

  14. PART XIII Miscellaneous

    1. Lord Advocate

      1. 287.Demission of office by Lord Advocate

      2. 288.Intimation of proceedings in High Court to Lord Advocate

    2. Treason trials

      1. 289.Procedure and evidence in trials for treason

    3. Certain rights of accused

      1. 290.Accused’s right to request identification parade

      2. 291.Precognition on oath of defence witnesses

    4. Mode of trial

      1. 292.Mode of trial of certain offences

    5. Art and part and attempt

      1. 293.Statutory offences: art and part and aiding and abetting

      2. 294.Attempt at crime

    6. Legal custody

      1. 295.Legal custody

    7. Warrants

      1. 296.Warrants for search and apprehension to be signed by judge

      2. 297.Execution of warrants and service of complaints, etc

    8. Trial judge’s report

      1. 298.Trial judge’s report

    9. Correction of entries

      1. 299.Correction of entries

      2. 300.Amendment of records of conviction and sentence in summary proceedings

    10. Rights of audience

      1. 301.Rights of audience

    11. Fixed penalties

      1. 302.Fixed penalty: conditional offer by procurator fiscal

      2. 303.Fixed penalty: enforcement

  15. PART XIV General

    1. 304.Criminal Courts Rules Council

    2. 305.Acts of Adjournal

    3. 306.Information for financial and other purposes

    4. 307.Interpretation

    5. 308.Construction of enactments referring to detention etc

    6. 309.Short title, commencement and extent

  16. SCHEDULES

    1. SCHEDULE 1

      Offences Against Children Under the Age of 17 Years to which Special Provisions Apply

      1. 1.Any offence under Part I of the Criminal Law (Consolidation)...

      2. 2.Any offence under section 12, 15, 22 or 33 of...

      3. 3.Any other offence involving bodily injury to a child under...

      4. 4.Any offence involving the use of lewd, indecent or libidinous...

    2. SCHEDULE 2

      Examples of Indictments

    3. SCHEDULE 3

      Indictments and Complaints

      1. 1.An accused may be named and designed—

      2. 2.It shall not be necessary to specify by any nomen...

      3. 3.It shall not be necessary to allege that any act...

      4. 4.(1) The latitude formerly used in stating time shall be...

      5. 5.The word “money” shall include cheques, banknotes, postal orders, money...

      6. 6.Any document referred to shall be referred to by a...

      7. 7.In an indictment which charges a crime importing personal injury...

      8. 8.(1) In an indictment or a complaint charging the resetting...

      9. 9.(1) Where two or more crimes or acts of crime...

      10. 10.(1) Under an indictment or, as the case may be,...

      11. 11.In an indictment or complaint charging a contravention of an...

      12. 12.In a complaint charging a contravention of an enactment—

      13. 13.In the case of an offence punishable under any enactment,...

      14. 14.Where— (a) any act alleged in an indictment or complaint...

      15. 15.Where the evidence in a trial is sufficient to prove...

      16. 16.Where, in relation to an offence created by or under...

      17. 17.It shall be competent to include in one indictment or...

      18. 18.In any proceedings under the Merchant Shipping Acts it shall...

      19. 19.In offences inferring dishonest appropriation of property brought before a...

    4. SCHEDULE 4

      Supervision and Treatment Orders

      1. Part I Preliminary

        1. 1.(1) In this Schedule “supervision and treatment order” means an...

      2. Part II Making and Effect of Orders

        1. Circumstances in which orders may be made

          1. 2.(1) The court shall not make a supervision and treatment...

        2. Making of orders and general requirements

          1. 3.(1) A supervision and treatment order shall specify the local...

        3. Obligatory requirements as to medical treatment

          1. 4.(1) A supervision and treatment order shall include a requirement...

        4. Optional requirements as to residence

          1. 5.(1) Subject to sub-paragraphs (2) to (4) below, a supervision...

      3. Part III Revocation and Amendment of Orders

        1. Revocation of order in interests of health or welfare

          1. 6.Where a supervision and treatment order is in force in...

        2. Amendment of order by reason of change of residence

          1. 7.(1) This paragraph applies where, at any time while a...

        3. Amendment of requirements of order

          1. 8.(1) Without prejudice to paragraph 7 above, but subject to...

        4. Amendment of requirements in pursuance of medical report

          1. 9.(1) Where the medical practitioner by whom or under whose...

        5. Supplemental

          1. 10.(1) On the making under paragraph 6 above of an...

          2. 11.(1) On the making under paragraph 7 or 8 above...

          3. 12.On the making, revocation or amendment of a supervision and...

    5. SCHEDULE 5

      Forms of Complaint and Charges

    6. SCHEDULE 6

      Discharge of and Amendment to Probation Orders

      1. Discharge

        1. 1.A probation order may on the application of the officer...

      2. Amendment

        1. 2.(1) If the court by which a probation order was...

        2. 3.(1) Without prejudice to paragraph 2 above, the court by...

        3. 4.Where the medical practitioner or chartered psychologist by whom or...

      3. General

        1. 5.(1) Where the court which made the order or the...

        2. 6.On the making of an order discharging or amending a...

    7. SCHEDULE 7

      Supervised Attendance Orders: Further Provisions

      1. 1.(1) A court shall not make a supervised attendance order...

      2. 2.(1) A supervised attendance order shall— (a) specify the locality...

      3. 3.(1) An offender in respect of whom a supervised attendance...

      4. 4.(1) If at any time while a supervised attendance order...

      5. 5.(1) Where a supervised attendance order is in force in...

      6. 6.(1) The Secretary of State may make rules for regulating...

      7. 7.The Secretary of State shall lay before Parliament each year,...

      8. 8.In this Schedule— “the appropriate court” in relation to a...

    8. SCHEDULE 8

      Documentary Evidence in Criminal Proceedings

      1. Production of copy documents

        1. 1.(1) For the purposes of any criminal proceedings a copy...

      2. Statements in business documents

        1. 2.(1) Except where it is a statement such as is...

        2. 3.A statement in a document shall be admissible in criminal...

      3. Documents kept by businesses etc.

        1. 4.Unless the court otherwise directs, a document may in any...

      4. Statements not contained in business documents

        1. 5.(1) In any criminal proceedings, the evidence of an authorised...

      5. Additional evidence where evidence from business documents challenged

        1. 6.(1) This sub-paragraph applies where— (a) evidence has been admitted...

      6. General

        1. 7.(1) Nothing in this Schedule— (a) shall prejudice the admissibility...

        2. 8.In this Schedule— “business” includes trade, profession or other occupation;...

    9. SCHEDULE 9

      Certificates as to Proof of Certain Routine Matters

    10. SCHEDULE 10

      Certain Offences Triable only Summarily

      1. Night Poaching Act 1828 (c. 69)

        1. 1.Offences under section 1 of the Night Poaching Act 1828...

      2. Public Meeting Act 1908 (c. 66)

        1. 2.Offences under section 1(1) of the Public Meeting Act 1908...

      3. Post Office Act 1953 (c. 36)

        1. 3.Offences under section 56 of the Post Office Act 1953...

      4. Betting, Gaming and Lotteries Act 1963 (c. 2)

        1. 4.Offences under the following provisions of the Betting, Gaming and...

      5. Theatres Act 1968 (c. 54)

        1. 5.Offences under section 6 of the Theatres Act 1968 (provocation...

      6. Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

        1. 6.Offences under section 12(1) of the Criminal Law (Consolidation) (Scotland)...

      7. TABLE OF DERIVATIONS

        1. 1.Notes:

        2. 2.The following abbreviations are used in the Table:— Acts of...

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