Criminal Justice (Scotland) Act 1995
Criminal Justice (Scotland) Act 1995 (1995 c. 20)
- Criminal Justice (Scotland) Act 1995 (1995 c. 20)
- PART I The Course of Justice
- Bail
- 1 Bail conditions.
- 2 Breach of bail conditions.
- 3 No bail in homicide or rape proceedings after previous conviction of such offences.
- 4 Right of prosecutor to seek review of grant of bail.
- 5 Bail pending appeal.
- Juries
- 6 Lists of potential jurors.
- 7 Jury service.
- 8 Challenges to jurors.
- Pre-trial procedure
- 9 Execution of warrants granted by sheriff, etc.
- 10 Judicial examination.
- 11 Requirement to give notice of defence of automatism or coercion.
- 12 Agreement of evidence.
- 13 First and preliminary diets in solemn proceedings.
- 14 Intermediate diet in summary proceedings.
- Delay in trial
- 15 Calculation of specified period where accused detained outside Scotland.
- Evidence
- 16 Uncontroversial evidence.
- 17 Exceptions to the rule that hearsay evidence is inadmissible.
- 18 Admissibility of prior statements of witnesses.
- 19 Statements by accused.
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 21 Evidence of biological material.
- 22 Routine evidence.
- 23 Proof of custody of productions.
- 24 Evidence of criminal record and character of accused.
- 25 Evidence as to controlled drugs and medicinal products.
- 26 Evidence as to time and place of video surveillance recordings.
- 27 Evidence in relation to fingerprints.
- 28 Evidence in relation to sexual offences.
- 29 Proof of previous convictions.
- The trial
- 30 Death, illness or absence of trial judge.
- 31 Removal of accused from court.
- 32 Comment by prosecutor on accused’s failure to give evidence.
- Conviction and sentence
- 33 Sentence following guilty plea.
- 34 Sentencing guidelines.
- 35 Supervised attendance orders.
- 36 Supervised release orders: requirement for local authority report.
- 37 Offences committed by persons under supervision etc.: provision of local authority report.
- 38 Probation orders to be made only after conviction.
- 39 Probation orders requiring treatment for mental condition.
- 40 Sentence for offence committed while subject to requirement to perform unpaid work.
- 41 Amendment of records of conviction and sentence in summary proceedings.
- Appeals
- 42 Leave to appeal.
- 43 Reduction in quorum of High Court for appeals against sentence etc.
- 44 Trial judge’s report.
- 45 Extension of certain time limits with respect to appeals.
- 46 New prosecution for same or similar offence.
- Mental disorder and criminal proceedings
- 47 Insanity in bar of trial.
- 48 Insanity as ground of acquittal in summary proceedings.
- 49 Examination of facts.
- 50 Disposal of case where accused found to be insane.
- 51 Appeal by accused in case involving insanity.
- 52 Appeal by prosecutor in case involving insanity.
- 53 Review of committal of mentally disordered accused to hospital.
- 54 Restriction orders to be without limit of time.
- 55 Committal to hospital for inquiry into mental condition.
- Miscellaneous
- 56 Criminal Courts Rules Council.
- 57 Information for financial and other purposes.
- 58 Prints, samples etc. in criminal investigations.
- 59 Calculation of period of detention at police station where person previously detained under another enactment etc.
- 60 Jurisdiction of district court in relation to statutory offences.
- 61 Conditional offer of fixed penalty by procurator fiscal.
- 62 Time limit for summary prosecution of statutory offences.
- 63 Abolition of private summary prosecutions.
- 64 Legal aid in case involving insanity in bar of trial.
- 65 Legal aid in criminal appeals.
- 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 67 Transfer of fine orders.
- 68 Liability of bankrupt to pay fines and compensation orders.
- 69 Child detainees unlawfully at large.
- Part II Proceeds of Crime and Property used in Crime
- Chapter I Confiscation of the Proceeds of Crime
- Confiscation orders
- 70 General provision.
- 71 Benefit from commission of offence.
- 72 Realisable property.
- 73 Gifts.
- 74 Making of confiscation orders.
- 75 Statements relevant to making confiscation orders.
- 76 Postponed confiscation orders.
- 77 Increase in benefit or realisable property.
- 78 Realisable property inadequate to meet payments under confiscation order.
- 79 Confiscation orders where proceeds of crime discovered at later date.
- 80 Application of provisions relating to fines to enforcement of confiscation orders.
- 81 Interest on sums unpaid under confiscation orders.
- Exercise of powers
- 82 Exercise of powers by court or administrator.
- Compensation
- 83 Compensation.
- Investigations and disclosure of information
- 84 Order to make material available.
- 85 Authority for search.
- 86 Disclosure of information held by government departments.
- Chapter II Forfeiture of Property used in Crime
- 87 Suspended forfeiture order.
- 88 Forfeiture: district court.
- 89 Warrant to search for and seize property.
- 90 Forfeiture of property subject to suspended forfeiture order.
- 91 Recall or variation of suspended forfeiture order.
- 92 Property wrongly forfeited: return or compensation.
- 93 Appeal against court decision under section 91(1) or 92(2).
- Chapter III Restraint Orders
- 94 Restraint orders.
- 95 Restraint orders in relation to realisable property.
- 96 Restraint orders in relation to forfeitable property.
- 97 Variation and recall of restraint orders.
- 98 Inhibition of property affected by restraint order or by interdict.
- 99 Arrestment of property affected by restraint order.
- 100 Administrators.
- Chapter IV Reciprocal Arrangements for Enforcement of Orders
- 101 Recognition and enforcement of orders made in England and Wales.
- 102 Provisions supplementary to section 101.
- 103 Inhibition of Scottish property affected by order registered under section 101.
- 104 Arrestment of Scottish property affected by order registered under section 101.
- 105 Enforcement of Northern Ireland orders.
- 106 Enforcement of orders made outside United Kingdom.
- 107 Registration of external confiscation orders.
- 108 Enforcement of Scottish orders in England and Wales.
- 109 Order in Council as regards taking of action in designated country.
- Chapter V Miscellaneous and General
- 110 Sequestration etc. of person holding realisable or forfeitable property.
- 111 Disposal of family home under Chapter I or II.
- 112 Forfeiture of property where accused has died.
- 113 Transitional provision, amendment of 1987 Act, etc.
- 114 Interpretation of Part II.
- Part III Supplementary
- 115 Interpretation.
- 116 Expenses.
- 117 Minor and consequential amendments and repeals.
- 118 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Certificates as to Proof of Certain Matters
- SCHEDULE 2 Supervision and Treatment Orders: Schedule to be inserted in the 1975 Act
- SCHEDULE 3 Administrators
- Appointment of administrators
- Functions of administrators
- Money received by administrator
- Application of proceeds of realisation and other sums
- Supervision of administrators
- Accounts and remuneration of administrator
- Effect of appointment of administrator on diligence
- Further provision as to administrators
- Discharge of administrator
- Compensation
- Rules of court as regards accountant of court’s supervision etc of administrators
- Power to facilitate realisation
- SCHEDULE 4 Sequestration etc. of Persons Holding Realisable or Forfeitable Property
- Sequestration of person holding realisable or forfeitable property
- Bankruptcy in England and Wales of person holding realisable or forfeitable property
- Winding up of company holding realisable or forfeitable property
- Property subject to floating charge
- Insolvency practitioners dealing with property subject to restraint order
- Interpretation
- SCHEDULE 5 Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II
- SCHEDULE 6 Minor and Consequential Amendments
- Part I Amendments Relating to Part I
- The Criminal Procedure (Scotland) Act 1887 (c. 35)
- The Criminal Justice (Scotland) Act 1949 (c. 94)
- The Summary Jurisdiction (Scotland) Act 1954 (c. 48)
- The Backing of Warrants (Republic of Ireland) Act 1965 (c.45)
- The Criminal Justice Act 1967 (c. 80)
- The Criminal Procedure (Scotland) Act 1975 (c. 21)
- The Sexual Offences (Scotland) Act 1976 (c. 67)
- The Community Service by Offenders (Scotland) Act 1978 (c. 49)
- The Criminal Justice (Scotland) Act 1980 (c. 62)
- The Mental Health (Scotland) Act 1984 (c. 36)
- The Criminal Justice (Scotland) Act 1987 (c. 41)
- The Road Traffic Offenders Act 1988 (c. 53)
- The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
- The Criminal Justice Act 1991 (c. 53)
- The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
- Part II Amendments Relating to Part II
- The Trade Marks Act 1938 (c.22)
- The Criminal Procedure (Scotland) Act 1975 (c.21)
- The Community Service by Offenders (Scotland) Act 1978 (c.49)
- The Civil Jurisdiction and Judgments Act 1982 (c.27)
- The Telecommunications Act 1984 (c.12)
- The Bankruptcy (Scotland) Act 1985 (c. 66)
- The Criminal Justice Act 1988 (c.33)
- The Copyright, Designs and Patents Act 1988 (c.48)
- The Road Traffic Offenders Act 1988 (c.53)
- The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)
- The Criminal Justice (International Co-operation) Act 1990 (c.5)
- The Northern Ireland (Emergency Provisions) Act 1991 (c.24)
- The Road Traffic Act 1991 (c.40)
- The Drug Trafficking Act 1994 (c. 37)
- SCHEDULE 7 Repeals
- Part I Repeals Relating to Part I
- Part II Repeals Relating to Part II
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