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Criminal Procedure (Scotland) Act 1995
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- UK Public General Acts
- 1995 c. 46
- PART XIII
- Lord Advocate
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Criminal Procedure (Scotland) Act 1995, Cross Heading: Lord Advocate is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5A inserted by 2010 asp 13 Sch. 7 para. 26
- s. 13(1B) (1C) inserted by 2006 asp 10 s. 82(2)
- s. 13(2)(aa) inserted by 2006 asp 10 s. 82(3)(b)
- s. 13(3A) inserted by 2006 asp 10 s. 82(4)
- s. 13(5)(ba) inserted by 2006 asp 10 s. 82(5)(a)
- s. 13(6)(a)(iii) and word inserted by 2006 asp 10 s. 82(6)(b)
- s. 13(8) inserted by 2006 asp 10 s. 82(7)
- s. 22(5A) inserted by 2007 asp 6 s. 7(2)(g)
- s. 22A(1A) inserted by 2023 asp 4 s. 1(2)
- s. 23B(1)(1A) substituted for s. 23B(1) by 2023 asp 4 s. 2(2)(a)
- s. 23B(6A) inserted by 2023 asp 4 s. 1(3)(c)
- s. 23B(8)-(10) inserted by 2023 asp 4 s. 2(2)(c)
- s. 23C(1A) inserted by 2023 asp 4 s. 2(3)(b)
- s. 23C(3) inserted by 2023 asp 4 s. 2(3)(c)
- s. 24(2C) inserted by 2023 asp 4 s. 4(4)
- s. 24(2AA) inserted by 2023 asp 4 s. 4(2)
- s. 73A inserted by 2004 asp 3 s. 2(3)
- s. 167(7D) (7E) inserted by 2007 asp 17 sch. 4 para. 1(3)
- s. 167(7D) words substituted by 2010 asp 13 Sch. 3 para. 16(2)
- s. 167(7E) words substituted by 2010 asp 13 Sch. 3 para. 16(3)
- s. 194ZA repealed by 2014 asp 18 sch. 3 para. 25
- s. 200A inserted by 2016 asp 1 s. 85
- s. 205A added by 1997 c. 48 s. 1(1) (This amendment not applied to legislation.gov.uk. 1997 c. 48, s. 1 repealed (27.6.2003) without ever being in force by 2003 asp 7, s. 19(3); S.S.I. 2003/288, art. 2, Sch.)
- s. 210ZA inserted by 2023 asp 4 s. 5
- s. 249(4A)-(4D) inserted by 2014 asp 1 s. 24
- s. 271D(4A) inserted by 2019 asp 8 s. 6(4)
- s. 271F(2)(aa) inserted by 2019 asp 8 s. 10(4)
- s. 271AA inserted by 2019 asp 8 s. 6(2)
- s. 271BZD inserted by 2019 asp 8 s. 3(2)
- s. 288AB 288AC inserted by 2024 asp 1 s. 32(3)
- Sch. 5A added by 1997 c. 48 s. 1(2) (This amendment not applied to legislation.gov.uk. 1997 c. 48, s. 1 repealed (27.6.2003) without ever being in force by 2003 asp 7, s. 19(3); S.S.I. 2003/288, art. 2, Sch.)
Lord AdvocateS
287[F1Demission from office of Lord Advocate and Solicitor General for Scotland].S
(1)All indictments which have been raised [F2at the instance of Her Majesty's Advocate] shall remain effective notwithstanding [F3the holder of the office of Lord Advocate] subsequently having died or demitted office and may be taken up and proceeded with by his successor [F4or the Solicitor General].
(2)During any period when the office of Lord Advocate is vacant it shall be lawful to indict accused persons [F5at the instance of Her Majesty's Advocate or] the Solicitor General F6. . . .
[F7(2A)Any such indictments in proceedings at the instance of the Solicitor General may be signed by the Solicitor General.
(2B)All indictments which have been raised at the instance of the Solicitor General shall remain effective notwithstanding the holder of the office of Solicitor General subsequently having died or demitted office and may be taken up and proceeded with by his successor or the Lord Advocate.
(2C)Subsection (2D) applies during any period when the offices of Lord Advocate and Solicitor General are both vacant.
(2D)It is lawful to indict accused persons at the instance of Her Majesty's Advocate.]
(3)The advocates depute shall not demit office when a Lord Advocate dies or demits office but shall continue in office until their successors receive commissions.
(4)The advocates depute and procurators fiscal shall have power, notwithstanding any vacancy in the office of Lord Advocate [F8or Solicitor General], to take up and proceed with any indictment which—
(a)by virtue of subsection (1) [F9or (2B)] above, remains effective; or
(b)by virtue of subsection (2) above, is [F10raised at the instance] of the Solicitor General.
[F11(c)by virtue of subsection (2D) above, is raised at the instance of Her Majesty's Advocate]
(5)For the purposes of this Act, where, but for this subsection, demission of office by one Law Officer would result in the offices of both being vacant, he or, where both demit office on the same day, the person demitting the office of Lord Advocate shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted.
(6)The Lord Advocate shall enter upon the duties of his office immediately upon the grant of his warrant of appointment; F12. . ..
Textual Amendments
F1S. 287 title substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(3), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F2Words in s. 287(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(a)(i), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F3Words in s. 287(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F4Words in s. 287(1) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(a)(iii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F5Words in s. 287(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(b)(i), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F6Words in s. 287(2) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(b)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F7S. 287(2A)-(2D) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(c), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F8Words in s. 287(4) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(i), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F9Words in s. 287(4)(a) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F10Words in s. 287(4)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(iii), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F11S. 287(4)(c) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 60(4)(d)(iv), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 5)
F12Words in s. 287(6) repealed (20.5.1999) by S.I. 1999/1042, arts. 1(2)(b), 4, Sch. 2 Pt. I para. 11, Pt. III; S.I. 1998/3178, art. 2(2), Sch. 4
288 Intimation of proceedings in High Court to Lord Advocate.S
(1)In any proceeding in the High Court (other than a proceeding to which the Lord Advocate or a procurator fiscal is a party) it shall be competent for the court to order intimation of such proceeding to the Lord Advocate.
(2)On intimation being made to the Lord Advocate under subsection (1) above, the Lord Advocate shall be entitled to appear and be heard in such proceeding.
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