Criminal Procedure (Scotland) Act 1995
Criminal Procedure (Scotland) Act 1995 (1995 c. 46)
- Criminal Procedure (Scotland) Act 1995 (1995 c. 46)
- Part I Criminal Courts
- The High Court
- 1 Judges in the High Court.
- 2 Fixing of High Court sittings.
- Solemn courts: general
- 3 Jurisdiction and powers of solemn courts.
- The sheriff
- 4 Territorial jurisdiction of sheriff.
- 5 The sheriff: summary jurisdiction and powers.
- 5B National jurisdiction for callings of custody cases in a sheriff court
- 5C National jurisdiction for cases in a sheriff court after failure to appear
- 5D Further provision about national jurisdiction of sheriff courts
- 5E Interpretation of sections 5B to 5D
- JP courts
- 6 JP courts: constitution and prosecutor.
- 7 JP courts: jurisdiction and powers.
- 7A National jurisdiction for callings of custody cases in a JP court
- 7B National jurisdiction for cases in a JP court after failure to appear
- 7C Further provision about national jurisdiction of JP courts
- 7D Interpretation of sections 7A to 7C
- Sittings of sheriff and JP courts
- 8 Sittings of sheriff and JP courts.
- Territorial jurisdiction: general
- 9 Boundaries of jurisdiction.
- 9A Competence of justice's actings outwith jurisdiction
- 10 Crimes committed in different districts.
- 10A Jurisdiction for transferred cases
- 11 Certain offences committed outside Scotland.
- 11A Conspiracy to commit offences outwith Scotland
- PART II Police Functions
- Lord Advocate’s instructions
- 12 Instructions by Lord Advocate as to reporting of offences.
- Detention and questioning
- 13 Powers relating to suspects and potential witnesses.
- 14 Detention and questioning at police station.
- 14A Extension of period of detention under section 14
- 14B Extension under section 14A: procedure
- 15 Right of persons arrested or detained to have intimation sent to another person
- 15A Right of suspects to have access to a solicitor
- 16 Drunken persons: power to take to designated place.
- Arrest: access to solicitor
- 17 Right of accused to have access to solicitor.
- 17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest
- Prints and samples
- 18 Prints, samples etc. in criminal investigations.
- 18A Retention of samples etc. : prosecutions for sexual and violent offences
- 18B Retention of samples etc. where offer under sections 302 to 303ZA accepted
- 18C Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences
- 18D Retention of samples etc. taken or provided in connection with certain fixed penalty offences
- 18E Retention of samples etc.: children referred to children's hearings
- 18F Retention of samples etc. relating to children: appeals
- 18G Retention of samples etc: national security
- 18GA Retention of further fingerprints
- 18H Retention of samples etc.: extradition
- 19 Prints, samples etc. in criminal investigations: supplementary provisions.
- 19A Samples etc. from persons convicted of sexual and violent offences.
- 19AA Samples etc. from sex offenders
- 19AB Section 19AA: supplementary provision in sexual risk order cases
- 19B Power of constable in obtaining relevant physical data etc.
- 19C Sections 18 and 19 to 19AA: use of samples etc.
- 20 Use of prints, samples etc.
- Testing for Class A drugs
- 20A Arrested persons: testing for certain Class A drugs
- 20B Section 20A: supplementary
- Schedule 1 offences
- 21 Schedule 1 offences: power of constable to take offender into custody.
- ...
- 22 Liberation by police.
- 22ZA Offences where undertaking breached
- 22ZB Evidential and procedural provision
- PART III Bail
- 22A Consideration of bail on first appearance
- 23 Bail applications.
- 23A Bail and liberation where person already in custody
- 23B Entitlement to bail and the court's function
- 23C Grounds relevant as to question of bail
- 23D Restriction on bail in certain solemn cases
- 24 Bail and bail conditions.
- 24A Bail conditions: remote monitoring of restrictions on movements
- 24B Regulations as to power to impose remote monitoring requirements under section 24A
- 24C Monitoring of compliance in pursuance of requirements imposed under section 24A
- 24D Remote monitoring
- 24E Documentary evidence in proceedings for breach of bail conditions being remotely monitored
- 24F Bail: extradition proceedings
- 25 Bail conditions: supplementary.
- 25A Failure to accept conditions of bail under section 65(8C): continued detention of accused
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 Breach of bail conditions: offences.
- 28 Breach of bail conditions: arrest of offender, etc.
- 28A Application of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28
- 29 Bail: monetary conditions.
- 30 Bail review.
- 31 Bail review on prosecutor’s application.
- 32 Bail appeal.
- 32A Bail after conviction: prosecutor's attitude
- 33 Bail: no fees exigible.
- PART IV Petition Procedure
- Warrants
- 34 Petition for warrant.
- Petition proceedings outwith sheriffdom
- 34A Petition proceedings outwith sheriffdom
- Judicial examination
- 35 Judicial examination.
- 36 Judicial examination: questioning by prosecutor.
- 37 Judicial examination: record of proceedings.
- 38 Judicial examination: rectification of record of proceedings.
- 39 Judicial examination: charges arising in different districts.
- Committal
- 40 Committal until liberated in due course of law.
- PART V Children and Young Persons
- 41 Age of criminal responsibility
- 41A Prosecution of children under 12
- 42 Prosecution of children.
- 43 Arrangements where children arrested.
- 44 Detention of children.
- 44A Appeal against detention in secure accommodation
- 45 Security for child’s good behaviour.
- 46 Presumption and determination of age of child.
- 47 Restriction on report of proceedings involving children.
- 48 Power to refer certain children to reporter.
- 49 Reference or remit to children’s hearing.
- 50 Children and certain proceedings.
- 51 Remand and committal of children and young persons.
- PART VI Mental Disorder
- Criminal responsibility of mentally disordered persons
- 51A Criminal responsibility of persons with mental disorder
- Diminished responsibility
- 51B Diminished responsibility
- Committal of mentally disordered persons
- 52 Power of court to commit to hospital an accused suffering from mental disorder.
- Remit of mentally disordered persons from district court
- 52A Remit of certain mentally disordered persons from district court to sheriff court
- Assessment orders
- 52B Prosecutor’s power to apply for assessment order
- 52C Scottish Ministers' power to apply for assessment order
- 52D Assessment order
- 52E Assessment order made ex proprio motu: application of section 52D
- 52F Assessment order: supplementary
- 52G Review of assessment order
- 52H Early termination of assessment order
- 52J Power of court on assessment order ceasing to have effect
- Treatment orders
- 52K Prosecutor’s power to apply for treatment order
- 52L Scottish Ministers' power to apply for treatment order
- 52M Treatment order
- 52N Treatment order made ex proprio motu: application of section 52M
- 52P Treatment order: supplementary
- 52Q Review of treatment order
- 52R Termination of treatment order
- 52S Power of court on treatment order ceasing to have effect
- Prevention of delay in trials
- 52T Prevention of delay in trials: assessment orders and treatment orders
- Effect of assessment and treatment orders on pre-existing mental health orders
- 52U Effect of assessment order and treatment order on pre-existing mental health order
- Interim compulsion orders
- 53 Interim compulsion order.
- 53A Interim compulsion order: supplementary
- 53B Review and extension of interim compulsion order
- 53C Early termination of interim compulsion order
- 53D Power of court on interim compulsion order ceasing to have effect
- Acquittal involving mental disorder
- 53E Acquittal involving mental disorder
- Unfitness for trial
- 53F Unfitness for trial
- ...
- 54 Unfitness for trial: further provision .
- Examination of facts
- 55 Examination of facts.
- 56 Examination of facts: supplementary provisions.
- Disposal where accused found not criminally responsible
- 57 Disposal of case where accused found not criminally responsible or unfit for trial.
- Compulsion orders
- 57A Compulsion order
- 57B Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision
- 57C Mental health officer’s report
- 57D Compulsion order: supplementary
- Hospital orders and guardianship
- 58 Order for hospital admission or guardianship.
- 58A Application of Adults with Incapacity (Scotland) Act 2000
- 59 Hospital orders: restrictions on discharge.
- Hospital directions
- 59A Hospital direction
- 59B Hospital direction: mental health officer’s report
- 59C Hospital direction: supplementary
- 60 Appeals against hospital orders.
- 60A Appeal by prosecutor against hospital orders etc.
- 60B Intervention orders
- 60C Acquitted persons: detention for medical examination
- 60D Notification of detention under section 60C
- Miscellaneous provision
- 61 Requirements as to medical evidence.
- 61A Transfer of person to suitable hospital
- 61B Specification of hospital unit
- Appeals under Part VI
- 62 Appeal by accused not criminally responsible or unfit for trial .
- 63 Appeal by prosecutor where accused found not criminally responsible or unfit for trial.
- PART VII Solemn Proceedings
- The indictment
- 64 Prosecution on indictment.
- 65 Prevention of delay in trials.
- 66 Service and lodging of indictment, etc.
- 67 Witnesses.
- 67A Failure of witness to attend for, or give evidence on, precognition.
- 68 Productions.
- 69 Notice of previous convictions.
- 70 Proceedings against organisations.
- 70A Defence statements
- Children
- 70B Solemn proceedings against children
- Pre-trial proceedings
- 71 First diet.
- 71A Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence
- 71B First diet: appointment of trial diet
- 71C Written record of state of preparation: sheriff court
- 72 Preliminary hearing: procedure up to appointment of trial diet
- 72A Preliminary hearing: appointment of trial diet
- 72B Power to dispense with preliminary hearing
- 72C Procedure where preliminary hearing does not proceed
- 72D Preliminary hearing: further provision
- 72E Written record of state of preparation in certain cases
- 72F Engagement, dismissal and withdrawal of solicitor representing accused
- 72G Service etc. on accused through a solicitor
- 73 Preliminary diet: procedure.
- 74 Appeals in connection with preliminary diets.
- 75 Computation of certain periods.
- Adjournment and alteration of diets
- 75A Adjournment and alteration of diets
- 75B Refixing diets: non-sitting days
- 75C Refixing diets: non-suitable days
- Plea of guilty
- 76 Procedure where accused desires to plead guilty.
- 77 Plea of guilty.
- Notice by accused
- 78 Special defences, incrimination and notice of witnesses, etc.
- 79 Preliminary pleas and preliminary issues.
- 79A Objections to admissibility of evidence raised after first diet or preliminary hearing
- Alteration, etc, of diet
- 80 Alteration and postponement of trial diet.
- 81 Procedure where trial diet does not proceed.
- 82 Desertion or postponement where accused in custody.
- 83 Transfer of sheriff court solemn proceedings.
- 83ZA. Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal
- Continuation of trial diet
- 83A Continuation of trial diet in the High Court
- 83B Continuation of trial diet in the sheriff court
- Jurors for sittings
- 84 Juries: returns of jurors and preparation of lists.
- 85 Juries: citation and attendance of jurors.
- 86 Jurors: excusal and objections.
- Non-availability of judge
- 87 Non-availability of judge.
- 87A Disposal of preliminary matters at trial diet
- Jury for trial
- 88 Plea of not guilty, balloting and swearing of jury, etc.
- 89 Jury to be informed of special defence.
- 90 Effect of death or discharge of jurors
- Obstructive witnesses
- 90A Apprehension of witnesses in proceedings on indictment
- 90B Orders in respect of witnesses apprehended under section 90A
- 90C Breach of bail under section 90B(1)(b)
- 90D Review of orders under section 90B(1)(a) or (b)
- 90E Appeals in respect of orders under section 90B(1)
- Trial
- 91 Trial to be continuous.
- 92 Trial in presence of accused.
- 93 Record of trial.
- 94 Transcripts of record and documentary productions.
- 95 Verdict by judge alone.
- 96 Amendment of indictment.
- 97 No case to answer.
- 97A Submissions as to sufficiency of evidence
- 97B Acquittals etc. on section 97A(2)(a) submissions
- 97C Directions etc. on section 97A(2)(b) submissions
- 97D No acquittal on “no reasonable jury” grounds
- 98 Defence to speak last.
- 99 Seclusion of jury to consider verdict.
- Verdict and conviction
- 99A Verdict of guilty or not guilty and majority for guilty verdict
- 100 Delivery of jury verdict
- 101 Previous convictions: solemn proceedings.
- 101A Post-offence convictions etc.
- 102 Interruption of trial for other proceedings.
- Failure of accused to appear
- 102A Failure of accused to appear
- PART VIII Appeals from Solemn Proceedings
- 103 Appeal sittings.
- 104 Power of High Court in appeals.
- 105 Appeal against refusal of application.
- 105A Appeal against granting of application
- 106 Right of appeal.
- 106A Appeal against automatic sentences where earlier conviction quashed.
- 107 Leave to appeal.
- 107A Prosecutor's right of appeal: decisions on section 97 and 97A submissions
- 107B Prosecutor's right of appeal: decisions on admissibility of evidence
- 107C Appeals under section 107A and 107B: general provisions
- 107D Expedited appeals
- 107E Other appeals under section 107A: appeal against acquittal
- 107F Other appeals under section 107A or 107B: appeal against directions etc.
- 108 Lord Advocate’s right of appeal against disposal.
- 108A Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.
- 109 Intimation of intention to appeal.
- 110 Note of appeal.
- 111 Provisions supplementary to sections 109 and 110.
- 112 Admission of appellant to bail.
- 113 Judge’s report.
- 113A Judge's observations in expedited appeal
- 114 Applications made orally or in writing.
- 115 Presentation of appeal in writing.
- 116 Abandonment of appeal.
- 117 Presence of appellant or applicant at hearing.
- 118 Disposal of appeals.
- 119 Provision where High Court authorises new prosecution.
- 120 Appeals: supplementary provisions.
- 121 Suspension of disqualification, forfeiture, etc.
- 121A Suspension of certain sentences pending determination of appeal.
- 122 Fines and caution.
- 123 Lord Advocate’s reference.
- 124 Finality of proceedings and Secretary of State’s reference.
- 125 Reckoning of time spent pending appeal.
- 126 Extract convictions.
- 127 Forms in relation to appeals.
- 128 Fees and expenses.
- 129 Non-compliance with certain provisions may be waived.
- 130 Bill of suspension not competent.
- 130A Bill of advocation not competent in respect of certain decisions
- 131 Prosecution appeal by bill of advocation.
- 132 Interpretation of Part VIII.
- PART IX Summary Proceedings
- General
- 133 Application of Part IX of Act.
- 134 Incidental applications.
- 135 Warrants of apprehension and search.
- 136 Time limit for certain offences.
- 136A Time limits for transferred and related cases
- 136B Time limits where fixed penalty offer etc. made
- 137 Alteration of diets.
- 137ZA Refixing diets: non-sitting days
- 137ZB Refixing diets: non-suitable days
- 137A Transfer of sheriff court summary proceedings within sheriffdom
- 137AA. Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal
- 137B Transfer of sheriff court summary proceedings outwith sheriffdom
- 137C Custody cases: initiating proceedings outwith sheriffdom
- 137CA Transfer of JP court proceedings within sheriffdom
- 137CB Transfer of JP court proceedings outwith sheriffdom
- 137CC Custody cases: initiating JP court proceedings outwith sheriffdom
- 137D Transfer of JP court proceedings to the sheriff court
- Complaints
- 138 Complaints.
- 139 Complaints: orders and warrants.
- Citation
- 140 Citation.
- 141 Manner of citation.
- Children
- 142 Summary proceedings against children.
- 142A Summary proceedings where child accused along with an adult
- Companies
- 143 Prosecution of companies, etc.
- First diet
- 144 Procedure at first diet.
- 145 Adjournment for inquiry at first calling.
- 145ZA Adjournment where assessment order made at first calling
- 145A Adjournment at first calling to allow accused to appear etc.
- 146 Plea of not guilty.
- Pre-trial procedure
- 147 Prevention of delay in trials.
- 148 Intermediate diet.
- 148A Interim diet required in certain sexual or domestic abuse cases
- 148B Pre-trial procedure in sheriff court where no intermediate diet is fixed
- 148C Engagement, dismissal and withdrawal of solicitor representing accused
- 148D Service etc. on accused through a solicitor
- 149 Alibi.
- 149A Notice of defence plea of consent
- 149B Notice of defences
- Failure of accused to appear
- 150 Failure of accused to appear.
- 150A Proceedings in absence of accused
- Non-availability of judge
- 151 Death, illness or absence of judge.
- Trial diet
- 152 Desertion of diet.
- 152A Complaints triable together
- 153 Trial in presence of accused.
- 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 155 Punishment of witness for contempt.
- 156 Apprehension of witness.
- 156A Orders in respect of witnesses apprehended under section 156
- 156B Breach of bail under section 156A(1)(b)
- 156C Review of orders under section 156A(1)(a) or (b)
- 156D Appeals in respect of orders under section 156A(1)
- 157 Record of proceedings.
- 158 Interruption of summary proceedings for verdict in earlier trial.
- 159 Amendment of complaint.
- 160 No case to answer.
- 161 Defence to speak last.
- Verdict and conviction
- 161A Verdict of guilty or not guilty
- 162 Judges equally divided.
- 163 Conviction: miscellaneous provisions.
- 164 Conviction of part of charge.
- 165 “Conviction” and “sentence” not to be used for children.
- 166 Previous convictions: summary proceedings
- 166A Post-offence convictions etc.
- 166B Charges which disclose convictions
- 167 Forms of finding and sentence.
- 168 Caution.
- 169 Detention in precincts of court.
- Miscellaneous
- 170 Damages in respect of summary proceedings.
- 171 Recovery of penalties.
- 172 Forms of procedure.
- PART X Appeals from Summary Proceedings
- General
- 173 Quorum of Sheriff Appeal Court in relation to appeals.
- 174 Appeals relating to preliminary pleas.
- 175 Right of appeal.
- 175A Power to refer points of law for the opinion of the High Court
- Stated case
- 176 Stated case: manner and time of appeal.
- 176A Application of section 176 in relation to certain appeals
- 177 Procedure where appellant in custody.
- 178 Stated case: preparation of draft.
- 179 Stated case: adjustment and signature.
- 180 Leave to appeal against conviction etc.
- 181 Stated case: directions by Sheriff Appeal Court.
- 182 Stated case: hearing of appeal.
- 183 Stated case: disposal of appeal.
- 184 Abandonment of appeal.
- New prosecution
- 185 Authorisation of new prosecution.
- Appeals against sentence
- 186 Appeals against sentence only.
- 187 Leave to appeal against sentence.
- Disposal of appeals
- 188 Setting aside conviction or sentence: prosecutor’s consent or application.
- 189 Disposal of appeal against sentence.
- 190 Disposal of appeal where appellant not criminally responsible.
- Miscellaneous
- 191 Appeal by suspension or advocation on ground of miscarriage of justice.
- 191A Time limit for lodging bills of advocation and bills of suspension
- 191B Bill of advocation not competent in respect of certain decisions
- 192 Appeals: miscellaneous provisions.
- 193 Suspension of disqualification, forfeiture etc.
- 193A Suspension of certain sentences pending determination of appeal.
- 194 Computation of time.
- PART 10ZA APPEALS FROM SHERIFF APPEAL COURT
- 194ZB Appeal from the Sheriff Appeal Court
- 194ZC Appeals: applications and procedure
- 194ZD Application for permission for appeal: determination by single judge
- 194ZE Further application for permission where single judge refuses permission
- 194ZF Applications for permission: further provision
- 194ZG Restriction of grounds of appeal
- 194ZH Disposal of appeals
- 194ZI Procedure where appellant in custody
- 194ZJ Abandonment of appeal
- 194ZK Finality of proceedings
- 194ZL Computation of time
- Part XA Scottish Criminal Cases Review Commission
- The Scottish Criminal Cases Review Commission
- 194A Scottish Criminal Cases Review Commission.
- References to High Court
- 194B References by the Commission
- 194C Grounds for reference.
- 194D Further provision as to references.
- 194DA High Court's power to reject a reference made by the Commission
- 194E Extension of Commission’s remit to summary cases.
- 194F Further powers.
- 194G Supplementary provision.
- Powers of investigation of Commission
- 194H Power to request precognition on oath.
- 194I Power to obtain documents etc.
- 194IA Power to request assistance in obtaining information abroad
- Disclosure of information
- 194J Offence of disclosure.
- 194K Exceptions from obligations of non-disclosure.
- 194L Consent to disclosure.
- Special circumstances for disclosure
- 194M Further exception to section 194J
- 194N Effect of the exception
- 194O Notification and representations etc.
- 194P Consent if UK interest
- 194Q Consent if foreign interest
- 194R Designated foreign authority
- 194S Disapplication of sections 194O to 194R
- 194T Final disclosure-related matters
- PART XI Sentencing
- General
- 195 Remit to High Court for sentence.
- 196 Sentence following guilty plea.
- 197 Sentencing guidelines.
- 198 Form of sentence.
- 199 Power to mitigate penalties.
- Pre-sentencing procedure
- 200 Remand for inquiry into physical or mental condition.
- 201 Power of court to adjourn case before sentence.
- 202 Deferred sentence.
- 203 Reports.
- 203A Reports about organisations
- Imprisonment, etc.
- 204 Restrictions on passing sentence of imprisonment or detention.
- 204A Restriction on consecutive sentences for released prisoners.
- 204B Consecutive sentences: life prisoners etc.
- 205 Punishment for murder.
- 205ZA Serious terrorism sentence
- 205ZB Minimum punishment part where life sentence imposed for serious terrorism offence
- 205ZC ... Sentence with fixed licence period
- 205B Minimum sentence for third conviction of certain offences relating to drug trafficking.
- 205C Meaning of “conviction” for purposes of sections 205A and 205B.
- 205D Only one sentence of imprisonment for life to be imposed in any proceedings
- 206 Minimum periods of imprisonment.
- 207 Detention of young offenders.
- 208 Detention of children convicted on indictment.
- 208A Detention of children under sections 205(2) and 208(1)
- 209 Supervised release orders.
- 210 Consideration of time spent in custody.
- 210ZA Consideration of time spent on electronically monitored bail
- 210A Extended sentences for sex, violent and terrorist offenders.
- 210AA Extended sentences for certain other offenders
- Approach in domestic abuse cases
- 210AB Particular factor as to victim safety
- Risk assessment
- 210B Risk assessment order
- 210C Risk assessment report
- 210D Interim hospital order and assessment of risk
- 210E The risk criteria
- 210EA Application of certain sections of this Act to proceedings under section 210C(7)
- Order for lifelong restriction etc.
- 210F Order for lifelong restriction or compulsion order
- 210G Disposal of case where certain orders not made
- Report of judge
- 210H Report of judge
- Fines
- 211 Fines.
- 212 Fines in summary proceedings.
- 213 Remission of fines.
- 214 Fines: time for payment and payment by instalments.
- 215 Application for further time to pay fine.
- 216 Fines: restriction on imprisonment for default.
- 217 Fines: supervision pending payment.
- 218 Fines: supplementary provisions as to payment.
- 219 Fines: periods of imprisonment for non-payment.
- 220 Fines: part payment by prisoners.
- 221 Fines: recovery by civil diligence.
- 222 Transfer of fine orders.
- 223 Transfer of fines: procedure for clerk of court.
- The mutual recognition of criminal financial penalties
- 223A Recognition of financial penalties: requests to other member States
- 223B Requests to other member States: procedure on issue of certificate
- 223C Requests to other member States: application of provisions relating to fines
- 223D Requests to other member States: application of provisions relating to compensation orders
- 223E Requests to other member States: application of provisions relating to fixed penalties
- 223F Recognition of financial penalties: requests from other member States
- 223FA Requests from other member States: procedure where no certificate
- 223G Requests from other member States: return of certificate
- 223H Requests from other member States: procedure on receipt of certificate
- 223I Requests from other member States: action undertaken under certificate
- 223J Requests from other member States: application of provisions in relation to fines
- 223K Requests from other member States: supplementary provisions in relation to fines
- 223L Requests from other member States: action for enforcement where financial penalty not recovered
- 223M Requests from other member States: application of provisions relating to orders for compensation
- 223N Requests from other member States: supplementary provisions in relation to orders for compensation
- 223O Requests from other member States: application of provisions relating to fixed penalties
- 223P Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland
- 223Q The competent authority for Scotland
- 223R Accrual of monies obtained from the enforcement of financial penalties
- 223S Treatment of compensation monies
- 223T Interpretation of sections 223A to 223S
- Fines: discharge from imprisonment and penalties
- 224 Discharge from imprisonment to be specified.
- 225 Penalties: standard scale, prescribed sum and uprating.
- 226 Penalties: exceptionally high maximum fines.
- Enforcement of fines etc.: fines enforcement officers
- 226A Fines enforcement officers
- 226B Enforcement orders
- 226C Variation for further time to pay
- 226D Seizure of vehicles
- 226E Deduction from benefits
- 226F Powers of diligence
- 226G Reference of case to court
- 226H Review of actions of FEO
- 226HA Judicial co-operation in criminal matters: mutual recognition of financial penalties: requests to other member States
- 226I Enforcement of fines etc.: interpretation
- Caution
- 227 Caution.
- Community payback orders
- 227A Community payback orders
- 227B Community payback order: procedure prior to imposition
- 227C Community payback order: responsible officer
- 227D Community payback order: further provision
- 227E Requirement to avoid conflict with religious beliefs, work etc.
- 227F Payment of offenders' travelling and other expenses
- Offender supervision requirement
- 227G Offender supervision requirement
- Compensation requirement
- 227H Compensation requirement
- Unpaid work or other activity requirement
- 227I Unpaid work or other activity requirement
- 227J Unpaid work or other activity requirement: further provision
- 227K Allocation of hours between unpaid work and other activity
- 227L Time limit for completion of unpaid work or other activity
- 227M Fine defaulters
- 227N Offenders subject to more than one unpaid work or other activity requirement
- 227O Rules about unpaid work and other activity
- Programme requirement
- 227P Programme requirement
- Residence requirement
- 227Q Residence requirement
- Mental health treatment requirement
- 227R Mental health treatment requirement
- 227S Mental health treatment requirements: medical evidence
- 227T Power to change treatment
- Drug treatment requirement
- 227U Drug treatment requirement
- Alcohol treatment requirement
- 227V Alcohol treatment requirement
- Conduct requirement
- 227W Conduct requirement
- Community payback orders: review, variation etc.
- 227X Periodic review of community payback orders
- 227Y Applications to vary, revoke and discharge community payback orders
- 227Z Variation, revocation and discharge: court's powers
- 227ZA Variation of community payback orders: further provision
- 227ZB Change of offender's residence to new local authority area
- Breach of community payback order
- 227ZC Breach of community payback order
- 227ZD Breach of community payback order: further provision
- Restricted movement requirement
- 227ZE Restricted movement requirement : rules
- 227ZF Restricted movement requirement: effect
- 227ZG Restricted movement requirements: further provision
- 227ZH Variation of restricted movement requirement
- 227ZI Remote monitoring
- 227ZJ Restricted movement requirements: Scottish Ministers' functions
- 227ZK Documentary evidence in proceedings for breach of restricted movement requirement
- Local authorities: annual consultation about unpaid work
- 227ZL Local authorities: annual consultations about unpaid work
- Annual reports on community payback orders
- 227ZM Annual reports on community payback orders
- Community payback order: meaning of “the appropriate court”
- 227ZN Meaning of “the appropriate court”
- 227ZO Community payback orders: persons residing in England and Wales or Northern Ireland
- Probation
- 228 Probation orders.
- 229 Probation orders: additional requirements.
- 229A Probation progress review
- 230 Probation orders: requirement of treatment for mental condition.
- 230A Requirement for remote monitoring in probation order
- 231 Probation orders: amendment and discharge.
- 232 Probation orders: failure to comply with requirement.
- 233 Probation orders: commission of further offence.
- 234 Probation orders: persons residing in England and Wales.
- Non-harassment orders
- 234A Non-harassment orders.
- 234AZA Non-harassment orders: consideration by court in certain cases
- Antisocial behaviour orders
- 234AA Antisocial behaviour orders
- 234AB Antisocial behaviour orders: notification
- 234B Drug treatment and testing order.
- 234C Requirements and provisions of drug treatment and testing orders.
- 234CA Requirement for ... monitoring in drug treatment and testing order
- 234D Procedural matters relating to drug treatment and testing orders.
- 234E Amendment of drug treatment and testing order.
- 234F Periodic review of drug treatment and testing order.
- 234G Breach of drug treatment testing order.
- 234H Disposal on revocation of drugs treatment and testing order.
- 234J Concurrent drug treatment and testing and probation orders.
- 234K Drug treatment and testing orders: interpretation.
- Supervised attendance
- 235 Supervised attendance orders.
- 236 Supervised attendance orders in place of fines for 16 and 17 year olds.
- 237 Supervised attendance orders where court allows further time to pay fine.
- Community service by offenders
- 238 Community service orders.
- 239 Community service orders: requirements.
- 240 Community service orders: amendment and revocation etc.
- 241 Community service order: commission of offence while order in force.
- 242 Community service orders: persons residing in England and Wales.
- 243 Community service orders: persons residing in Northern Ireland.
- 244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.
- 245 Community service orders: rules, annual report and interpretation.
- Restriction of liberty orders
- 245A Restriction of liberty orders.
- 245B Monitoring of restriction of liberty orders.
- 245C Remote monitoring.
- 245D Combination of restriction of liberty order with other orders.
- 245DA Further provision about multiple orders
- 245E Variation of restriction of liberty order.
- 245F Breach of restriction of liberty order.
- 245G Disposal on revocation of restriction of liberty order.
- 245H Documentary evidence in proceedings under section 245F.
- 245I Procedure on variation or revocation of restriction of liberty order.
- 245J Breach of certain orders: adjourning hearing and remanding in custody etc.
- Community reparation orders
- 245K Community reparation orders
- 245L Community reparation order: notification
- 245M Failure to comply with community reparation order: extension of 12 month period
- 245N Failure to comply with community reparation order: powers of court
- 245P Extension, variation and revocation of order
- 245Q Sections 245L, 245N and 245P: meaning of “appropriate court”
- Admonition and absolute discharge
- 246 Admonition and absolute discharge.
- 247 Effect of probation and absolute discharge.
- Disqualification
- 248 Disqualification where vehicle used to commit offence.
- 248A General power to disqualify offenders.
- 248B Power to disqualify fine defaulters.
- 248C Application of sections 248A and 248B.
- 248D Extension of disqualification where sentence of imprisonment also imposed
- 248E Effect of sentence of imprisonment in other cases
- Compensation
- 249 Compensation order against convicted person.
- 250 Compensation orders: supplementary provisions.
- 251 Review of compensation order.
- 252 Enforcement of compensation orders: application of provisions relating to fines.
- 253 Effect of compensation order on subsequent award of damages in civil proceedings.
- Restitution order
- 253A Restitution order where conviction of police assault etc.
- 253B The Restitution Fund
- 253C Restitution order, fine and compensation order: order of preference
- 253D Application of receipts
- 253E Enforcement: application of certain provisions relating to fines
- Victim surcharge
- 253F Victim surcharge
- 253G The Victim Surcharge Fund
- 253H Application of receipts
- 253J Enforcement: application of certain provisions relating to fines
- Forfeiture
- 254 Search warrant for forfeited articles.
- European Protection Orders
- 254A. European Protection Orders: interpretation
- 254B. Issuing of a European Protection Order
- 254C. Recognition of a European Protection Order
- 254D. Implementation of a recognised European Protection Order
- 254E. Modification and revocation of non-harassment orders made under section 254D
- PART XII Evidence
- Special capacity
- 255 Special capacity.
- Proof of age
- 255A Proof of age.
- Agreed evidence
- 256 Agreements and admissions as to evidence.
- 257 Duty to seek agreement of evidence.
- 258 Uncontroversial evidence.
- Hearsay
- 259 Exceptions to the rule that hearsay evidence is inadmissible.
- 260 Admissibility of prior statements of witnesses.
- 261 Statements by co-accused
- 261ZA Statements by accused
- Statements made after charge
- 261ZB Exception to rule on inadmissiblity
- Witness statements
- 261A Witness statements: use during trial
- 262 Construction of sections 259 to 261A.
- Witnesses
- 263 Examination of witnesses.
- 264 Spouse or civil partner of accused a compellable witness
- 265 Witnesses not excluded for conviction, interest, relationship, etc.
- 266 Accused as witness.
- 267 Witnesses in court during trial.
- 267A Citation of witnesses for precognition
- Identification procedures
- 267B Order requiring accused to participate in identification procedure
- Additional evidence, etc.
- 268 Additional evidence.
- 269 Evidence in replication.
- 270 Evidence of criminal record and character of accused.
- Special measures for child witnesses and other vulnerable witnesses
- 271 Vulnerable witnesses: main definitions
- 271A Child and deemed vulnerable witnesses
- 271AA Using only standard special measures
- 271B Further special provision for child witnesses under the age of 12
- 271BZA Child witnesses in certain solemn cases: special measures
- 271BZB Child witnesses in certain solemn cases: modifications of section 271A
- 271BZC Child witnesses in certain solemn cases: modifications of section 271D
- 271BA Assessment of witnesses
- 271C Vulnerable witness application
- 271D Review of arrangements for vulnerable witnesses
- 271E Vulnerable witnesses: supplementary provision
- 271F The accused
- 271G Saving provision
- 271H The special measures
- 271HA Temporary additional special measures
- 271HB Excluding the public while taking evidence
- 271I Taking of evidence by a commissioner
- 271J Live television link
- 271K Screens
- 271L Supporters
- 271M Giving evidence in chief in the form of a prior statement
- Witness anonymity orders
- 271N Witness anonymity orders
- 271P Applications
- 271Q Making and determination of applications
- 271R Conditions for making orders
- 271S Relevant considerations
- 271T Direction to jury
- 271U Discharge and variation of order
- 271V Appeals
- 271W Appeal against the making of a witness anonymity order
- 271X Appeal against the refusal to make a witness anonymity order
- 271Y Appeal against a variation of a witness anonymity order
- 271Z Appeal against a refusal to vary or discharge a witness anonymity order
- Evidence on commission and from abroad
- 272 Evidence by letter of request or on commission.
- 273 Television link evidence from abroad.
- Evidence from other parts of the United Kingdom
- 273A Television link evidence from other parts of the United Kingdom
- Evidence relating to sexual offences
- 274 Restrictions on evidence relating to sexual offences.
- 275 Exceptions to restrictions under section 274.
- 275A Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275
- 275B Provisions supplementary to sections 275 and 275A
- Expert evidence as to subsequent behaviour of complainer
- 275C Expert evidence as to subsequent behaviour of complainer in certain cases
- Biological material
- 276 Evidence of biological material.
- Transcripts and records
- 277 Transcript of police interview sufficient evidence.
- 278 Record of proceedings at examination as evidence.
- Documentary evidence
- 279 Evidence from documents.
- Evidence from certain official documents
- 279A Evidence from certain official documents.
- Routine evidence
- 280 Routine evidence.
- 281 Routine evidence: autopsy and forensic science reports.
- 281A Routine evidence: reports of identification prior to trial
- Sufficient evidence
- 282 Evidence as to controlled drugs and medicinal products.
- 283 Evidence as to time and place of video surveillance recordings.
- 284 Evidence in relation to fingerprints.
- Proof of previous convictions
- 285 Previous convictions: proof, general.
- 286 Previous convictions: proof in support of substantive charge.
- 286A Proof of previous conviction by court in other member State
- PART XIII Miscellaneous
- Lord Advocate
- 287 Demission from office of Lord Advocate and Solicitor General for Scotland.
- 288 Intimation of proceedings in High Court to Lord Advocate.
- Convention rights ... compatibility issues , devolution issues and UNCRC compatibility issues
- 288ZA Right of Advocate General to take part in proceedings
- 288ZB References of compatibility issues to the High Court or Supreme Court
- 288A Rights of appeal for Advocate General: compatibility issues and devolution issues.
- 288AA Appeals to the Supreme Court: compatibility issues
- 288AB References of UNCRC compatibility issues to the High Court or Supreme Court
- 288AC Appeals to the Supreme Court: UNCRC compatibility issues
- 288B Appeals to the Supreme Court: general.
- 288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies
- Dockets and charges in sex cases
- 288BA Dockets for charges of sexual offences
- 288BB Mixed charges for sexual offences
- 288BC Aggravation by intent to rape
- Trials for sexual offences
- 288C Prohibition of personal conduct of defence in cases of certain sexual offences
- 288D Appointment of solicitor by court in such cases
- Jury directions relating to sexual offences
- 288DA Jury direction relating to lack of communication about offence
- 288DB Jury direction relating to absence of physical resistance or physical force
- Trials involving vulnerable witnesses
- 288DC Prohibition of personal conduct of defence in domestic abuse cases
- 288E Prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12
- 288F Power to prohibit personal conduct of defence in other cases involving vulnerable witnesses
- Application of vulnerable witnesses provisions to proceedings in the district court
- 288G Application of vulnerable witnesses provisions to proceedings in the district court
- Use of live television link
- 288H Participation through live television link
- 288I Evidence and personal appearance
- 288J Effect of postponement
- 288K Specified hearings
- 288L Defined terms
- Treason trials
- 289 Procedure and evidence in trials for treason.
- Certain rights of accused
- 290 Accused’s right to request identification parade.
- 291 Precognition on oath of defence witnesses.
- Mode of trial
- 292 Mode of trial of certain offences.
- Art and part and attempt
- 293 Statutory offences: art and part and aiding and abetting.
- 294 Attempt at crime.
- Legal custody
- 295 Legal custody.
- Warrants
- 296 Warrants for search and apprehension to be signed by judge.
- 297 Execution of warrants and service of complaints, etc.
- 297A Re-execution of apprehension warrants
- Trial judge’s report
- 298 Trial judge’s report.
- Intimation of certain applications to the High Court
- 298A Intimation of bills and of petitions to the nobile officium
- Correction of entries
- 299 Correction of entries.
- 300 Amendment of records of conviction and sentence in summary proceedings.
- Excusal of irregularities
- 300A Power of court to excuse procedural irregularities
- Rights of audience
- 301 Rights of audience.
- Recovery of documents
- 301A Recovery of documents
- Fixed penalties
- 302 Fixed penalty: conditional offer by procurator fiscal.
- 302A Compensation offer by procurator fiscal
- 302B Combined fixed penalty and compensation offer
- 302C Recall of fixed penalty or compensation offer
- 303 Fixed penalty: enforcement.
- 303ZA Work orders
- 303ZB Setting aside of offers and orders
- Transfer of rights of appeal of deceased person
- 303A Transfer of rights of appeal of deceased person.
- Electronic proceedings
- 303B Electronic summary proceedings
- Electronic signatures and alternative methods of sending documents
- 303C Electronic signatures
- 303D Sending documents electronically and to a solicitor
- 303E Documents to which sections 303C and 303D apply
- 303F Interpretation of sections 303C to 303E
- Virtual attendance at court
- 303G Suspension of requirement for physical attendance in criminal trials
- 303H Suspension of requirement for physical attendance in criminal proceedings where only party is a public official
- 303I Directions under sections 303G and 303H
- 303J Suspension of requirement for physical attendance in other criminal hearings or proceedings
- 303K Attending by electronic means
- 303L General directions under section 303K
- 303M Publication of guidance
- Sections 303C to 303M: transitional provisions and interpretation
- 303N Transitional provisions
- 303O Interpretation of sections 303C to 303N
- PART XIV General
- 304 Criminal Courts Rules Council.
- 305 Acts of Adjournal.
- 306 Information for financial and other purposes.
- 307 Interpretation.
- 308 Construction of enactments referring to detention etc.
- 308A Expressions relating to electronic proceedings
- 309 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
- SCHEDULE 2 Examples of Indictments
- SCHEDULE 3 Indictments and Complaints
- SCHEDULE 4 Supervision and Treatment Orders
- Part I Preliminary
- Part II Making and Effect of Orders
- Circumstances in which orders may be made
- Making of orders and general requirements
- Obligatory requirements as to medical treatment
- Optional requirements as to residence
- Part III Revocation and Amendment of Orders
- Revocation of order in interests of health or welfare
- Amendment of order by reason of change of residence
- Amendment of requirements of order
- Amendment of requirements in pursuance of medical report
- Supplemental
- SCHEDULE 5 Forms of Complaint and Charges
- SCHEDULE 5ZA Serious terrorism offences
- PART 1 Terrorism offences
- Terrorism Act 2000
- Terrorism Act 2006
- Ancillary offences
- PART 2 Other offences (in case where aggravated by having a terrorist connection under section 31 of the counter-terrorism act 2008)
- Common law offences
- Explosive Substances Act 1883
- Firearms Act 1968
- Biological Weapons Act 1974
- Taking of Hostages Act 1982
- Aviation Security Act 1982
- Nuclear Material (Offences) Act 1983
- Criminal Justice Act 1988
- Aviation and Maritime Security Act 1990
- Channel Tunnel (Security) Order 1994
- Chemical Weapons Act 1996
- Anti-terrorism, Crime and Security Act 2001
- International Criminal Court (Scotland) Act 2001 (asp 13)
- Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
- Space Industry Act 2018
- Ancillary offences
- SCHEDULE 5ZB Offences specified for the purpose of section 205ZC (sentence with fixed licence period)
- Part 1 Terrorism Offences
- Terrorism Act 2000
- Anti-terrorism, Crime and Security Act 2001
- Terrorism Act 2006
- Counter-Terrorism Act 2008
- Terrorism Prevention and Investigation Measures Act 2011
- Counter-Terrorism and Security Act 2015
- Ancillary offences
- Abolished offences
- Part 2 Offences involving or connected with a threat to national security
- Official Secrets Act 1911
- Official Secrets Act 1920
- National Security Act 2023
- Certain electoral offences where foreign power or designated body condition met
- Ancillary offences
- Certain other offences where foreign power or designated body condition met
- SCHEDULE 5ZC Terrorism offences
- PART 1 Terrorism offences
- Terrorism Act 2000
- Anti-Terrorism, Crime and Security Act 2001
- Terrorism Act 2006
- Ancillary offences
- PART 2 Other offences (in case where aggravated by having a terrorist connection under section 31 of the counter-terrorism act 2008)
- Common law offences
- Explosive Substances Act 1883
- Firearms Act 1968
- Biological Weapons Act 1974
- Taking of Hostages Act 1982
- Aviation Security Act 1982
- Nuclear Material (Offences) Act 1983
- Criminal Justice Act 1988
- Aviation and Maritime Security Act 1990
- Channel Tunnel (Security) Order 1994
- Chemical Weapons Act 1996
- Anti-terrorism, Crime and Security Act 2001
- International Criminal Court (Scotland) Act 2001 (asp 13)
- Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
- Space Industry Act 2018
- Ancillary offences
- ...
- ...
- ...
- SCHEDULE 8 Documentary Evidence in Criminal Proceedings
- Production of copy documents
- Statements in business documents
- Documents kept by businesses etc.
- Statements not contained in business documents
- Additional evidence where evidence from business documents challenged
- General
- SCHEDULE 9 Certificates as to Proof of Certain Routine Matters
- SCHEDULE 9A The Commission: Further Provisions
- Membership
- Members and employees
- Procedure
- Evidence
- Annual reports and accounts
- Expenses
- SCHEDULE 10 Certain Offences Triable only Summarily
- Night Poaching Act 1828 (c. 69)
- Public Meeting Act 1908 (c.66)
- Post Office Act 1953 (c. 36)
- Betting, Gaming and Lotteries Act 1963 (c. 2)
- Theatres Act 1968 (c.54)
- Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
- SCHEDULE 11 FINANCIAL PENALTIES SUITABLE FOR ENFORCEMENT IN SCOTLAND
- Person residing in Scotland
- Person having property et ceteralaetc. in Scotland
- Person having property et ceteralaetc. in Scotland and England and Wales
- Person having property et ceteralaetc. in Scotland and Northern Ireland
- Person having property et ceteralaetc. in Scotland and England and Wales and Northern Ireland
- Interpretation
- SCHEDULE 12 GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES
- PART 1 THE GROUNDS FOR REFUSAL
- PART 2 EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)
- PART 3 INTERPRETATION
- SCHEDULE 13 TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
- PART 1 ENGLAND AND WALES
- PART 2 NORTHERN IRELAND
- TABLE OF DERIVATIONS
- Notes:
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