PART XIVU.K. General

307Interpretation.S

(1)In this Act, unless the context otherwise requires—

• [F1 “alcohol treatment requirement” has the meaning given in section 227V(1);]

• F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F3 “assessment order” has the meaning given by section 52D of this Act;]

• “bail” means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires;

• F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “child”, except in section 46(3) of and Schedule 1 to this Act, has the meaning assigned to that expression for the purposes of [F5section 199 of the Children’s Hearings (Scotland) Act 2011 (asp 1)]

• [F6 “child witness” shall be construed in accordance with section 271(1)(a) of this Act;]

• “children’s hearing” [F7is to be construed in accordance with section 5 of the Children’s Hearings (Scotland) Act 2011 (asp 1)]

• “Clerk of Justiciary” shall include assistant clerk of justiciary and shall extend and apply to any person duly authorised to execute the duties of Clerk of Justiciary or assistant clerk of justiciary;

• [F8“Clerk of the Sheriff Appeal Court” includes Deputy Clerk of the Sheriff Appeal Court and any person authorised to carry out the functions of Clerk of the Sheriff Appeal Court;]

• [F9 “the Commission” has the meaning given by section 194A(1) of this Act;]

• “commit for trial” means commit until liberation in due course of law;

• [F10 “community payback order” means a community payback order (within the meaning of section 227A(2)) imposed under section 227A(1) or (4) or 227M(2);]

• F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F11 “compensation requirement” has the meaning given in section 227H(1);]

• “complaint” includes a copy of the complaint laid before the court;

• [F12 “compulsion order” means an order under section 57(2)(a) or 57A(2) of this Act;]

• [F13“compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),]

• [F14 “conduct requirement” has the meaning given in section 227W(1);]

• “constable” has the same meaning as in the [F15Police and Fire Reform (Scotland) Act 2012];

• [F16 “conviction”, in relation to a previous conviction by a court outside Scotland, means a final decision of a criminal court establishing guilt of a criminal offence;]

• “court of summary jurisdiction” means a court of summary criminal jurisdiction;

• “court of summary criminal jurisdiction” includes the sheriff court and [F17JP court];

• “crime” means any crime or offence at common law or under any Act of Parliament whether passed before or after this Act, and includes an attempt to commit any crime or offence;

• [F18 “devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;]

• “diet” includes any continuation of a diet;

• [F19 “drug treatment and testing order” has the meaning assigned to it in section 234B(2) of this Act;]

• [F20 “drug treatment requirement” has the meaning given in section 227U(1);]

• “enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

• “examination of facts” means an examination of facts held under section 55 of this Act;

• “existing” means existing immediately before the commencement of this Act;

• “extract conviction” and “extract of previous conviction” include certified copy conviction, certificate of conviction, and any other document lawfully issued from any court of justice of the United Kingdom as evidence of a conviction [F21and also include a conviction extracted and issued as mentioned in section 286A(3)(a) and (b) of this Act];

• [F22“fine” includes any pecuniary penalty and an instalment of a fine but does not include—

  (a)

  a pecuniary forfeiture;

  (b)

  pecuniary compensation; F23...

  (c)

  a victim surcharge imposed under section 253F;][F24 or

  (d)

  a restitution order;]

• “governor” means, in relation to a contracted out prison within the meaning of section 106(4) of the M1Criminal Justice and Public Order Act 1994, the director of the prison;

• “guardian”, in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

• “guardianship order” has the meaning assigned to it by section 58 of this Act;

• “High Court” and “Court of Justiciary” shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;

• “hospital” means—

  (a)

  any hospital vested in the Secretary of State under the M2National Health Service (Scotland) Act 1978;

  (aa)

  [F25any hospital managed by a National Health Service Trust established under section 12A of that Act;]

  (b)

  any private hospital [F26as defined in section 12(2)] of the M3Mental Health (Scotland) Act 1984; and

  (c)

  any State hospital;

• [F27 “hospital direction” has the meaning assigned to it by section 59A(1) of this Act;]

• F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “impose detention” or “impose imprisonment” means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for contempt of court;

• “indictment” includes any indictment whether in the sheriff court or the High Court framed in the form set out an Act of Adjournal or as nearly as may be in such form;

• [F29 “interim compulsion order” has the meaning given by section 53 of this Act;]

• [F30“interim compulsory supervision order” has the meaning given by section 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1),]

• [F31 “JP court” means a justice of the peace court;]

• “judge”, in relation to solemn procedure, means a judge of a court of solemn criminal jurisdiction and, in relation to summary procedure, means any sheriff or any judge of a [F17JP court];

• “justice” includes the sheriff and any F32... justice of the peace;

• [F33 “justice of the peace” means a justice of the peace appointed under section 67 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6);]

• “legalised police cells” has the like meaning as in the M4Prisons (Scotland) Act 1989;

• “local authority” has the meaning assigned to it by section 1(2) of the M5Social Work (Scotland) Act 1968;

• [F34 “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000]

• “Lord Commissioner of Justiciary” includes Lord Justice General and Lord Justice Clerk;

• [F35 “mental disorder” has the meaning given by section 328(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13);

• [F36 “mental health treatment requirement” has the meaning given in section 227R(1);]

• “Mental Welfare Commission” means the Mental Welfare Commission for Scotland;]

• “offence” means any act, attempt or omission punishable by law;

• [F37 “offender supervision requirement” has the meaning given in section 227G(1);]

• “officer of law” includes, in relation to the service and execution of any warrant, citation, petition, indictment, complaint, list of witnesses, order, notice, or other proceeding or document—

  (a)

  any macer, messenger-at-arms, sheriff officer or other person having authority to execute a warrant of the court;

  (b)

  any constable;

  (ba)

  F38[F39... an officer of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs;]

  (bb)

  [F40subject to subsection (1AA) below, an immigration officer acting with the authority (which may be general or specific) of the Secretary of State;]

  (c)

  [F41any person who is appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 who is either authorised by the chief constable of the Police Service of Scotland in relation to such service and execution or is a police custody and security officer;]

  (d)

  where the person upon whom service or execution is effected is in prison at the time of service on him, any prison officer; and

  (e)

  any person or [F42class of persons] authorised in that regard for the time being by the Lord Advocate or by the Secretary of State;

• “order” means any order, byelaw, rule or regulation having statutory authority;

• [F43 “order for lifelong restriction” means an order under section 210F(1) of this Act;]

• [F44“organisation” means—

  (a)

  a body corporate;

  (b)

  an unincorporated association;

  (c)

  a partnership;

  (d)

  a body of trustees;

  (e)

  a government department;

  (f)

  a part of the Scottish Administration;

  (g)

  any other entity which is not an individual;]

• “patient” means a person suffering or appearing to be suffering from mental disorder;

• “place of safety”, in relation to a person not being a child, means any police station, prison or remand centre, or any hospital the board of management of which are willing temporarily to receive him, and in relation to a child [F45has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1),]

• [F46“postal operator” has the meaning assigned to it by [F47section 27 of the Postal Services Act 2011].]

• [F48 “preliminary hearing” shall be construed in accordance with section 66(6)(b) of this Act and, where in any case a further preliminary hearing is held or to be held under this Act, includes the diet consisting of that further preliminary hearing;]

• [F49 “preliminary issue” shall be construed in accordance with section 79(2)(b) of this Act;]

• [F50 “preliminary plea” shall be construed in accordance with section 79(2)(a) of this Act;]

• “the prescribed sum” has the meaning given by section 225(8) of this Act;

• “prison” does not include a naval, military or air force prison;

• “prison officer” and “officer of a prison” means, in relation to a contracted out prison within the meaning of section 106(4) of the M6Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act;

• F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “procurator fiscal” means the procurator fiscal for a sheriff court district, and includes assistant procurator fiscal and procurator fiscal depute and any person duly authorised to execute the duties of the procurator fiscal;

• [F51 “programme requirement” has the meaning given in section 227P(1);]

• “prosecutor”—

  (a)

  for the purposes of proceedings other than summary proceedings, includes Crown Counsel, procurator fiscal, any other person prosecuting in the public interest and any private prosecutor; and

  (b)

  for the purposes of summary proceedings, includes procurator fiscal, and any other person prosecuting in the public interest and complainer and any person duly authorised to represent or act for any public prosecutor;

• “remand” means an order adjourning the proceedings or continuing the case and giving direction as to detention in custody or liberation during the period of adjournment or continuation and references to remanding a person or remanding in custody or on bail shall be construed accordingly;

• “remand centre” has the like meaning as in the M7Prisons (Scotland) Act 1989;

• [F52 “registered psychologist” means a person registered in the part of the register maintained under [F53the Health Professions Order 2001] which relates to practitioner psychologists;]

• F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F56 “residence requirement” has the meaning given in section 227Q(1);]

• [F57 “responsible officer”, in relation to a community payback order, is to be construed in accordance with section 227C;]

• [F58 “restricted movement requirement” has the meaning given in section 227ZF(1);]

• “restriction order” has the meaning assigned to it by section 59 of this Act;

• [F59 “risk assessment order” means an order under section 210B(2) of this Act;]

• [F60 “risk assessment report” has the meaning given by section 210B(3)(a) of this Act;]

• “sentence”, whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court;

• “sheriff clerk” includes sheriff clerk depute, and extends and applies to any person duly authorised to execute the duties of sheriff clerk;

• “sheriff court district” extends to the limits within which the sheriff has jurisdiction in criminal matters whether by statute or at common law;

• “State hospital” has the meaning assigned to it in Part VIII of the Mental Health (Scotland) Act 1984;

• “statute” means any Act of Parliament, public general, local, or private, and any Provisional Order confirmed by Act of Parliament;

• F61...

• F62...

• “training school order” has the same meaning as in the Social Work (Scotland) Act 1968;

• [F63 “treatment order” has the meaning given by section 52M of this Act;]

• [F64“unfit for trial” has the meaning given by section 53F of this Act;]

• [F65“the unified citation provisions”means section 216(5) and (6)(a) and (b) of this Act;]

• [F66 “unpaid work or other activity requirement” has the meaning given in section 227I(1), and “level 1 unpaid work or other activity requirement” and “level 2 unpaid work or other activity requirement” are to be construed in accordance with section 227I(5) and (6) respectively;]

• [F67 “vulnerable witness” shall be construed in accordance with section 271(1) of this Act;]

• “witness” includes haver;

• “young offenders institution” has the like meaning as in the M8Prisons (Scotland) Act 1989.

F68[F69(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70(1AA)The inclusion of immigration officers as “officers of law” shall have effect only in relation to immigration offences and nationality offences F71....]

[F72(1AB)In subsection (1AA)—

• “immigration offence” means—

  (a)

  an offence involving conduct which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement); or

  (b)

  (insofar as it is not an offence within paragraph (a)) an offence under the Immigration Acts or in relation to which a power of arrest is conferred on an immigration officer by the Immigration Acts;

• “nationality offence” means an offence involving conduct which is undertaken for the purposes of, or otherwise in relation to, an enactment in—

  (a)

  the British Nationality Act 1981;

  (b)

  the Hong Kong Act 1985;

  (c)

  the Hong Kong (War Wives and Widows) Act 1996;

  (d)

  the British Nationality (Hong Kong) Act 1997;

  (e)

  the British Overseas Territories Act 2002;

  (f)

  an instrument made under any of those Acts.

(1AC)In subsection (1AB), “the Immigration Acts” has the meaning given by section 61 of the UK Borders Act 2007.]

(1B)In any proceedings (whether civil or criminal) under or arising from [F73this Act—

(a)a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, or

(b)a certificate of the Secretary of State that an immigration officer,

had the authority] to exercise a power or function conferred by a provision of this Act shall be conclusive evidence of that fact.]

(2)References in this Act to a court do not include references to a [F74service court]; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a [F74service court][F75for an offence under section 42 of the Armed Forces Act 2006.]

[F76(2A) In subsection (2), “service court” means—

(a)the Court Martial;

(b)the Summary Appeal Court;

(c)the Court Martial Appeal Court; or

(d)the Supreme Court on an appeal brought from the Court Martial Appeal Court.]

(3)F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Any reference in this Act to a previous sentence of imprisonment shall be construed as including a reference to a previous sentence of penal servitude; any such reference to a previous sentence of Borstal training shall be construed as including a reference to a previous sentence of detention in a Borstal institution.

[F78(5)Except where the context requires otherwise—

(a)any reference in this Act to a previous conviction is to be construed as a reference to a previous conviction by a court in any part of the United KingdomF79...;

(b)any reference in this Act to a previous sentence is to be construed as a reference to a previous sentence passed by any such court;

(c)any reference to a previous conviction of a particular offence is to be construed, in relation to a previous conviction by a court outside Scotland, as a reference to a previous conviction of an equivalent offence; and

(d)any reference to a previous sentence of a particular kind is to be construed, in relation to a previous sentence passed by a court outside Scotland, as a reference to a previous sentence of an equivalent kind.]

(6)References in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment, including this Act, upon the imprisonment of offenders of his age.

(7)Without prejudice to section 46 of this Act, where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.

(8)References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.