Introductory Text
Part I Criminal Courts
Jurisdiction and Powers
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.
5A.Signing of warrants etc. outwith sheriff's jurisdiction
JP courts
6.JP courts: constitution and prosecutor.
7.JP courts: jurisdiction and powers.
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 outside the United Kingdom.
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
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 risk of sexual harm 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.
Police liberation
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. Bail: circumstances where not available.
27. Breach of bail conditions: offences.
28. Breach of bail conditions: arrest of offender, etc.
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.
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
Insanity in bar of trial
54. Insanity in bar of trial.
Examination of facts
55. Examination of facts.
56. Examination of facts: supplementary provisions.
Disposal in case of insanity
57. Disposal of case where accused found to be insane.
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
Medical evidence
61. Requirements as to medical evidence.
Appeals under Part VI
62. Appeal by accused in case involving insanity.
63. Appeal by prosecutor in case involving insanity.
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 bodies corporate.
70A.Defence statements
Pre-trial proceedings
71. First diet.
71A. Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence
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
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.
Continuation of trial diet in the High Court
83A.Continuation of trial diet in the High 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. Death or illness 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
100. Verdict of jury.
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.
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
137A.Transfer of sheriff court summary proceedings within sheriffdom
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.
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: sexual offence to which section 288C of this Act applies
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. Proof of official documents.
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
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
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 High Court in relation to appeals.
174. Appeals relating to preliminary pleas.
175. Right of appeal.
Stated case
176. Stated case: manner and time of appeal.
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 High 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 insane.
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
192. Appeals: miscellaneous provisions.
193. Suspension of disqualification, forfeiture etc.
193A. Suspension of certain sentences pending determination of appeal.
194. 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. Cases dealt with on indictment.
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.
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.
205A. Imprisonment for life on further conviction for certain offences.
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.
209. Supervised release orders.
210. Consideration of time spent in custody.
210A. Extended sentences for sex and violent offenders.
210AA.Extended sentences for certain other offenders
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
223B Requests to other member States: procedure on issue of...
223C Requests to other member States: application of provisions relating to...
223D Requests to other member States: application of provisions relating to...
223E Requests to other member States: application of provisions relating to...
223F Recognition of financial penalties: requests from other member States
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...
223K Requests from other member States: supplementary provisions in relation to...
223L Requests from other member States: action for enforcement where financial...
223M Requests from other member States: application of provisions relating to...
223N Requests from other member States: supplementary provisions in relation to...
223O Requests from other member States: application of provisions relating to...
223P Transfer of certificates to central authority for England and Wales,...
223Q The competent authority for Scotland (1) In sections 223A to...
223R Accrual of monies obtained from the enforcement of financial penalties...
223S Treatment of compensation monies (1) This section applies to those...
223T Interpretation of sections 223A to 223S (1) In sections 223A...
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...
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
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”
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.
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 remote 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.
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.
Forfeiture
254. Search warrant for forfeited articles.
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 accused.
262. Construction of sections 259 to 261.
Witness statements
261A.Witness statements: use during trial
Witnesses
263. Examination of witnesses.
264. Spouse of accused a competent 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 witnesses
271B.Further special provision for child witnesses under the age of 12
271C.Vulnerable witnesses other than child witnesses
271D.Review of arrangements for vulnerable witnesses
271E.Vulnerable witnesses: supplementary provision
271F.The accused
271G.Saving provision
271H.The special measures
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.
Devolution issues
288A. Rights of appeal for Advocate General: devolution issues.
288B. Appeals to Supreme Court.
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
Trials involving vulnerable witnesses
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.aApplication of vulnerable witnesses provisions to proceedings in the district court
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
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
1.Any offence under Part I of the Criminal Law (Consolidation)...
1A.Any offence under section 18 (rape of a young child)...
1B.Any offence under section 19 (sexual assault on a young...
1C.Any offence under section 20 (sexual assault on a young...
1D.Any offence under section 42 of that Act (sexual abuse...
2.Any offence under section 12, 15, 22 or 33 of...
2A.Any offence under the Prohibition of Female Genital Mutilation (Scotland)...
2B.Any offence under section 52 or 52A of the Civic...
2C.Any offence under section 1, 9, 10, 11 or 12...
3.Any other offence involving bodily injury to a child under...
4.Any offence involving the use of lewd, indecent or libidinous...
4A.Any offence under section 5 (coercing a person into being...
4B.Any offence under any of sections 21 to 26 or...
SCHEDULE 2
Examples of Indictments
“A.B.(name and address, that given in the declaration being sufficient),...
“.................... You did rob Charles Doyle, a cattle dealer, of...
“.................... You did break into the house occupied by Andrew...
“.................... You did force open (or attempt to force open)...
“.................... You did place your hand in one of the...
“.................... You did assault Lewis Mann, station-master of Earlston, and...
“.................... You did, while in the employment of James Pentland,...
“.................... You did, while acting as commercial traveller to Brown...
“.................... You did pretend to Norah Omond, residing there, that...
“.................... You did reset a watch and chain, pocket book...
“.................... You did utter as genuine a bill, on which...
“.................... You did utter as genuine a letter bearing to...
“.................... You did utter a cheque signed by Henry Smith...
“.................... You did, when examined under section 45 of the...
“.................... You did, sequestration having been awarded on your estate...
“.................... You did set fire to a warehouse occupied by...
“.................... You did set fire to the shop in Brown...
“.................... You did assault Theresa Unwin, your wife, and did...
“.................... You did stab Thomas Underwood, baker, of Shiels Place,...
“.................... You did administer poison to Vincent Wontner, your son,...
“.................... You did strangle Mary Shaw, mill-worker, daughter of John...
“.................... You were delivered of a child now dead or...
“.................... You did assault Hector Morrison, carter, of 20 Buccleuch...
“.................... You did ravish Harriet Cowan, mill-worker, of 27 Tweed...
“.................... You did attempt to ravish Jane Peters, servant, at...
“.................... You did, when acting as railway signalman, cancel a...
“.................... You formed part of a riotous mob, which, acting...
“.................... You did, being the lawful husband of Helen Hargreaves,...
“.................... You being sworn as a witness in a civil...
“.................... You did suborn James Carruthers, scavenger, 12 Hercles Street,...
“.................... You did deforce John Macdonald, a sheriff officer of...
SCHEDULE 3
Indictments and Complaints
1.An accused may be named and designed—
2.It shall not be necessary to specify by any nomen...
3.It shall not be necessary to allege that any act...
4.(1) The latitude formerly used in stating time shall be...
5.The word “money” shall include cheques, banknotes, postal orders, money...
6.Any document referred to shall be referred to by a...
7.In an indictment which charges a crime importing personal injury...
8.(1) In an indictment or a complaint charging the resetting...
9.(1) Where two or more crimes or acts of crime...
10.(1) Under an indictment or, as the case may be,...
11.In an indictment or complaint charging a contravention of an...
12.In a complaint charging a contravention of an enactment—
13.In the case of an offence punishable under any enactment,...
14.Where— (a) any act alleged in an indictment or complaint...
15.Where the evidence in a trial is sufficient to prove...
16.Where, in relation to an offence created by or under...
17.It shall be competent to include in one indictment or...
18.In any proceedings under the Merchant Shipping Acts it shall...
19.In offences inferring dishonest appropriation of property brought before a...
SCHEDULE 4
Supervision and Treatment Orders
Part I Preliminary
1.(1) In this Schedule “supervision and treatment order” means an...
Part II Making and Effect of Orders
Circumstances in which orders may be made
2.(1) The court shall not make a supervision and treatment...
Making of orders and general requirements
3.(1) A supervision and treatment order shall specify the local...
Obligatory requirements as to medical treatment
4.(1) A supervision and treatment order shall include a requirement...
Optional requirements as to residence
5.(1) Subject to sub-paragraphs (2) to (4) below, a supervision...
Part III Revocation and Amendment of Orders
Revocation of order in interests of health or welfare
6.Where a supervision and treatment order is in force in...
Amendment of order by reason of change of residence
7.(1) This paragraph applies where, at any time while a...
Amendment of requirements of order
8.(1) Without prejudice to paragraph 7 above, but subject to...
Amendment of requirements in pursuance of medical report
9.(1) Where the medical practitioner by whom or under whose...
Supplemental
10.(1) On the making under paragraph 6 above of an...
11.(1) On the making under paragraph 7 or 8 above...
12.On the making, revocation or amendment of a supervision and...
SCHEDULE 5
Forms of Complaint and Charges
The following Forms are additional to those contained in Schedule...
You did assault A.L. and strike him with your fists....
You did conduct yourself in a disorderly manner and commit...
You did threaten violence to the lieges and commit a...
You did fight and commit a breach of the peace....
You did publicly expose your person in a shameless and...
You did obtain from A.N. board and lodging to the...
You did maliciously knock down 20 metres of the coping...
You did maliciously place a block of wood on the...
You did drive a horse and cart recklessly to the...
You did break into a poultry house and steal three...
You did steal a coat which you obtained from R.O....
having received from D.G. £6 to hand to E.R., you...
having received from G.R. a watch in loan, you did...
having found a watch, you did, without trying to discover...
You did acquire from K.O., a private in the Third...
You, being a person whose estate has been sequestrated, did...
You, being the occupier of the said house, did use...
You did frequent and loiter in the said street for...
You did assault L.S., a constable of the Police, while...
. . . . . . . . . ....
You did wilfully neglect your children K.I., aged seven years;...
You are the owner of a dog which is dangerous...
You, being a parent of D.U., a child of school...
. . . . . . . . . ....
. . . . . . . . . ....
You did sell and deliver to N.C. to his prejudice...
You did take part in gaming in the street contrary...
You did by night enter on the said land with...
You did by night unlawfully take six rabbits, contrary to,...
You did in the daytime trespass on the said land...
You were found in the possession of five hares, a...
You did present or cause to be presented to W.E.,...
. . . . . . . . . ....
. . . . . . . . . ....
You did drive a motor car recklessly contrary to section...
You did act as a pedlar without having obtained a...
. . . . . . . . . ....
You did travel in a railway carriage without having previously...
having on within the house No. Street, given birth to...
You did take two salmon during the annual close time...
You had in your possession for use for trade a...
Schedule 5A
Offences for the purposes of section 205A of this Act
Part I Qualifying offences
1.Culpable homicide.
2.Attempted murder, incitement to commit murder or conspiracy to commit...
3.Rape or attempted rape.
4.Clandestine injury to women or an attempt to cause such...
5.Sodomy or attempted sodomy where, in either case, the complainer,...
6.Assault, where the assault— (a) is aggravated because it was...
7.Robbery, where, at some time during the commission of the...
8.Any offence committed by contravention of— (a) section 16 (possession...
9.Lewd, indecent or libidinous behaviour or practices.
10.Any offence committed by contravention of section 5(1) of the...
Part II Relevant offences
11.Any of the following offences committed in England and Wales,...
12.Any of the following offences committed in Northern Ireland, namely—...
Part III Interpretation
13.In paragraphs 7 and 11(h) above “ firearm ” and...
SCHEDULE 6
Discharge
1.A probation order may on the application of the officer...
Amendment
2.(1) If the court by which a probation order was...
3.(1) Without prejudice to paragraph 2 above, the court by...
4.Where the medical practitioner or registered psychologist by whom or...
General
5.(1) Where the court which made the order or the...
6.On the making of an order discharging or amending a...
SCHEDULE 7
1.(1) A court shall not make a supervised attendance order...
2.(1) A supervised attendance order shall— (a) specify the locality...
3.(1) An offender in respect of whom a supervised attendance...
4.(1) If at any time while a supervised attendance order...
5.(1) Where a supervised attendance order is in force in...
5A.The unified citation provisions apply in relation to a citation...
6.(1) The Secretary of State may make rules for regulating...
7.The Secretary of State shall lay before Parliament each year,...
8.In this Schedule— “the appropriate court” in relation to a...
SCHEDULE 8
Documentary Evidence in Criminal Proceedings
Production of copy documents
1.(1) For the purposes of any criminal proceedings a copy...
Statements in business documents
2.(1) Except where it is a statement such as is...
3.A statement in a document shall be admissible in criminal...
Documents kept by businesses etc.
4.Unless the court otherwise directs, a document may in any...
Statements not contained in business documents
5.(1) In any criminal proceedings, the evidence of an authorised...
Additional evidence where evidence from business documents challenged
6.(1) This sub-paragraph applies where— (a) evidence has been admitted...
General
7.(1) Nothing in this Schedule— (a) shall prejudice the admissibility...
8.In this Schedule— “business” includes trade, profession or other occupation;...
SCHEDULE 9
Certificates as to Proof of Certain Routine Matters
SCHEDULE 9A
The Commission: Further Provisions
Membership
1.Her Majesty shall, on the recommendation of the Secretary of...
2.(1) Subject to the following provisions of this paragraph, a...
Members and employees
3.(1) The Commission shall— (a) pay to members of the...
4.(1) The Commission may appoint a chief executive and such...
5.The Commission shall pay to the Minister for the Civil...
Procedure
6.(1) The arrangements for the procedure of the Commission (including...
Evidence
7.A document purporting to be— (a) duly executed under the...
Annual reports and accounts
8.(1) As soon as possible after the end of each...
9.(1) The Commission shall— (a) keep proper accounts and proper...
10.For the purposes of this Schedule the Commission’s financial year...
Expenses
11.The Secretary of State shall defray the expenses of the...
SCHEDULE 10
Certain Offences Triable only Summarily
Night Poaching Act 1828 (c. 69)
1.Offences under section 1 of the Night Poaching Act 1828...
Public Meeting Act 1908 (c.66)
2.Offences under section 1(1) of the Public Meeting Act 1908...
Post Office Act 1953 (c. 36)
3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Betting, Gaming and Lotteries Act 1963 (c. 2)
4.Offences under the following provisions of the Betting, Gaming and...
Theatres Act 1968 (c.54)
5.Offences under section 6 of the Theatres Act 1968 (provocation...
Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
6.Offences under section 12(1) of the Criminal Law (Consolidation) (Scotland)...
SCHEDULE 11
FINANCIAL PENALTIES SUITABLE FOR ENFORCEMENT IN SCOTLAND
Person residing in Scotland
1.The financial penalty is suitable for enforcement in Scotland if...
Person having property etc. in Scotland
2.The financial penalty is suitable for enforcement in Scotland if—...
Person having property etc. in Scotland and England and Wales
3.(1) This paragraph applies if— (a) the certificate states that...
Person having property etc. in Scotland and Northern Ireland
4.(1) This paragraph applies if— (a) the certificate states that...
Person having property etc. in Scotland and England and Wales and Northern Ireland
5.(1) This paragraph applies if— (a) the certificate states that...
Interpretation
6.Where the person required to pay the financial penalty is...
7.In this Schedule, unless the context otherwise requires, references to...
SCHEDULE 12
GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES
PART 1 THE GROUNDS FOR REFUSAL
1.A penalty (of any kind) has been imposed on the...
2.A penalty (of any kind) has been imposed on the...
3.The decision was made in respect of conduct—
4.The decision to which the financial penalty relates was made...
5.The decision to which the financial penalty relates was made...
6.The certificate does not confirm that— (a) if the proceedings...
7.(1) The financial penalty is for an amount of less...
PART 2 EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)
8.Participation in a criminal organisation.
9.Terrorism.
10.Trafficking in human beings.
11.Sexual exploitation of children and child pornography.
12.Illicit trafficking in narcotic drugs and psychotropic substances.
13.Illicit trafficking in weapons, munitions and explosives.
14.Corruption.
15.Fraud, including that affecting the financial interests of the European...
16.Laundering of the proceeds of crime.
17.Counterfeiting currency, including of the euro.
18.Computer-related crime.
19.Environmental crime, including illicit trafficking in endangered animal species and...
20.Facilitation of unauthorised entry and residence.
21.Murder, grievous bodily injury.
22.Illicit trade in human organs and tissue.
23.Kidnapping, illegal restraint and hostage-taking.
24.Racism and xenophobia.
25.Organised or armed robbery.
26.Illicit trafficking in cultural goods, including antiques and works of...
27.Swindling.
28.Racketeering and extortion.
29.Counterfeiting and piracy of products.
30.Forgery of administrative documents and trafficking therein.
31.Forgery of means of payment.
32.Illicit trafficking in hormonal substances and other growth promoters.
33.Illicit trafficking in nuclear or radioactive materials.
34.Trafficking in stolen vehicles.
35.Rape.
36.Arson.
37.Crimes within the jurisdiction of the International Criminal Court.
38.Unlawful seizure of aircraft or ships.
39.Sabotage.
40.Conduct which infringes road traffic regulations, including breaches of regulations...
41.Smuggling of goods.
42.Infringements of intellectual property rights.
43.Threats and acts of violence against persons, including violence during...
44.Criminal damage.
45.Theft.
46.Offences created by the issuing State and serving the purpose...
PART 3 INTERPRETATION
47.(1) In this Schedule— (a) “ conduct ” includes any...
TABLE OF DERIVATIONS
1.Notes:
2.The following abbreviations are used in the Table:— Acts of...
