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Criminal Proceedings etc. (Reform) (Scotland) Act 2007

2007 asp 6 · Enacted 22 February 2007 · Extends to Scotland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 42repealedCriminal Justice (Scotland) Act 2016 s. 111(3)

An Act of the Scottish Parliament to make provision as to bail in criminal proceedings; to reform certain aspects of summary criminal procedure; to make provision in relation to solemn criminal procedure; to make provision as to maximum penalties in the summary criminal courts; to make provision for the purpose of compensation orders in favour of victims of offences; to make provision for and in relation to alternatives to prosecution; to make provision as to enforcement of financial penalties for offences; to make provision establishing the JP court and for disestablishing the district court; to provide for the inspection of the Crown Office and Procurator Fiscal Service; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 18th January 2007 and received Royal Assent on 22nd February 2007

Contents

  1. Part 1: Bail
  2. 1Determination of questions of bail
  3. 2Bail and bail conditions
  4. 3Breach of bail conditions
  5. 4Bail review and appeal
  6. 5Attitude of prosecutor after conviction
  7. 6Time for dealing with applications
  8. Part 2: Proceedings
  9. Police functions
  10. 7Liberation on undertaking
  11. Summary procedure
  12. 8Manner of citation
  13. 9Procedure at first calling
  14. 10Intimation of diets etc.
  15. 11Pre-trial time limits
  16. 12Disclosure of convictions
  17. 13Complaints triable together
  18. 14Proceedings in absence of accused
  19. 15Failure of accused to appear
  20. 16Obstructive witnesses
  21. 17Prosecution of companies etc.
  22. Preparation for summary trial
  23. 18Intermediate diets
  24. 19Notice of defences
  25. 20Proof of uncontroversial matters
  26. 21Service of documents through solicitor etc.
  27. Transfer of summary cases
  28. 22Transfer of proceedings
  29. 23Time bar for transferred and related cases
  30. Other provisions
  31. 24Reports about supervised persons
  32. 25Summary appeal time limit
  33. Solemn cases
  34. 26Pre-trial time limits
  35. 27Obstructive witnesses
  36. 28Proceedings against bodies corporate
  37. 29Jury citation
  38. 30Duty to seek agreement of evidence
  39. 31Petition proceedings outwith sheriffdom
  40. 32Failure of accused to appear
  41. Miscellaneous
  42. 33Apprehension warrants
  43. 34Participation in identification procedures
  44. 35Evidence on commission
  45. 36Victim notification scheme
  46. 37Recovery of documents
  47. 38Intimation of certain applications to the High Court
  48. 39Refixing diets
  49. 40Power of court to excuse procedural irregularities
  50. Electronic proceedings
  51. 41Electronic proceedings
  52. 42Further provision for summary cases
  53. Part 3: Penalties
  54. Sentencing powers
  55. 43Common law offences
  56. 44Particular statutory offences
  57. 45Other statutory offences
  58. 46JP court: power to increase penalties Not yet in force
  59. 47Fine level
  60. 48Prescribed sum
  61. 49Compensation orders
  62. Penalties as alternative to prosecution
  63. 50Fixed penalty and compensation offers
  64. 51Work orders
  65. 52Setting aside of offers and orders
  66. 53Disclosure of previous offers
  67. 54Time bar where offer made
  68. Enforcement of fines etc.
  69. 55Fines enforcement officers and their functions
  70. 56Recognition of EU financial penalties Repealed
  71. Breach of post-conviction orders
  72. 57Probation and community service orders Repealed
  73. 58Restriction of liberty orders
  74. Part 4: JP courts and JPs
  75. Establishing JP courts etc.
  76. 59Establishing JP courts
  77. 60Making provision for JP courts Repealed
  78. 61Efficient disposal of business in JP courts
  79. 62Area and territorial jurisdiction of JP courts
  80. 63Constitution and powers etc. of JP courts
  81. 64Abolition of district courts
  82. 65Transfer of staff and property
  83. 66Transitional arrangements for proceedings
  84. Appointment of JPs etc.
  85. 67Appointment of JPs
  86. 68Conditions of office
  87. 69Training and appraisal of JPs
  88. 70Reappointment of JPs
  89. 71Removal of JPs
  90. 71ARe-employment of former JPs
  91. 71BRe-employment of former JPs: further provision
  92. 72Disqualification of solicitors who are JPs
  93. 73Disqualification where sequestration or bankruptcy
  94. 74Appointment of stipendiary magistrates Repealed
  95. 74AExercise of functions by stipendiary magistrates Repealed
  96. 75Stipendiary magistrates: further provision Repealed
  97. 76Signing functions
  98. 77Records and validity of appointment etc.
  99. Part 5: Inspection of the Crown Office and Procurator Fiscal Service
  100. 78Appointment of Inspector
  101. 79The Inspector's functions
  102. Part 6: General
  103. 80Modification of enactments
  104. 81Orders
  105. 82Ancillary provision
  106. 83Interpretation
  107. 84Commencement and short title
  108. Schedule: Modification of enactments
  109. Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)
  110. 1Paragraph 1
  111. Public Records (Scotland) Act 1937 (c. 43)
  112. 2Paragraph 2
  113. Social Work (Scotland) Act 1968 (c. 49)
  114. 3Paragraph 3
  115. Education (Scotland) Act 1980 (c. 44)
  116. 4Paragraph 4
  117. Legal Aid (Scotland) Act 1986 (c. 47)
  118. 5Paragraph 5
  119. Criminal Justice Act 1988 (c. 33)
  120. 6Paragraph 6
  121. Road Traffic Offenders Act 1988 (c. 53)
  122. 7Paragraph 7
  123. Environmental Protection Act 1990 (c. 43)
  124. 8Paragraph 8
  125. The 1995 Act
  126. 9Paragraph 9
  127. 10Paragraph 10
  128. 11Paragraph 11
  129. 12Paragraph 12
  130. 13Paragraph 13
  131. 14Paragraph 14
  132. 15Paragraph 15
  133. 16Paragraph 16
  134. 17Paragraph 17
  135. 18Paragraph 18
  136. 19Paragraph 19
  137. 20Paragraph 20
  138. 21Paragraph 21
  139. 22Paragraph 22
  140. 23Paragraph 23
  141. 24Paragraph 24
  142. 25Paragraph 25
  143. 26Paragraph 26
  144. Bail, Judicial Appointments etc. (Scotland) Act 2000 (asp 9)
  145. 27Paragraph 27
  146. Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9)
  147. 28Paragraph 28
  148. Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
  149. 29Paragraph 29
  150. Criminal Justice (Scotland) Act 2003 (asp 7)
  151. 30Paragraph 30
  152. Dog Fouling (Scotland) Act 2003 (asp 12)
  153. 31Paragraph 31
  154. Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
  155. 32Paragraph 32
  156. Enactments generally: references to district court and justices
  157. 33Paragraph 33