Criminal Proceedings etc. (Reform) (Scotland) Act 2007
2007 asp 6 · Enacted 22 February 2007 · Extends to Scotland
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
- Part 1: Bail
- 1Determination of questions of bail
- 2Bail and bail conditions
- 3Breach of bail conditions
- 4Bail review and appeal
- 5Attitude of prosecutor after conviction
- 6Time for dealing with applications
- Part 2: Proceedings
- Police functions
- 7Liberation on undertaking
- Summary procedure
- 8Manner of citation
- 9Procedure at first calling
- 10Intimation of diets etc.
- 11Pre-trial time limits
- 12Disclosure of convictions
- 13Complaints triable together
- 14Proceedings in absence of accused
- 15Failure of accused to appear
- 16Obstructive witnesses
- 17Prosecution of companies etc.
- Preparation for summary trial
- 18Intermediate diets
- 19Notice of defences
- 20Proof of uncontroversial matters
- 21Service of documents through solicitor etc.
- Transfer of summary cases
- 22Transfer of proceedings
- 23Time bar for transferred and related cases
- Other provisions
- 24Reports about supervised persons
- 25Summary appeal time limit
- Solemn cases
- 26Pre-trial time limits
- 27Obstructive witnesses
- 28Proceedings against bodies corporate
- 29Jury citation
- 30Duty to seek agreement of evidence
- 31Petition proceedings outwith sheriffdom
- 32Failure of accused to appear
- Miscellaneous
- 33Apprehension warrants
- 34Participation in identification procedures
- 35Evidence on commission
- 36Victim notification scheme
- 37Recovery of documents
- 38Intimation of certain applications to the High Court
- 39Refixing diets
- 40Power of court to excuse procedural irregularities
- Electronic proceedings
- 41Electronic proceedings
- 42Further provision for summary cases
- Part 3: Penalties
- Sentencing powers
- 43Common law offences
- 44Particular statutory offences
- 45Other statutory offences
- 46JP court: power to increase penalties Not yet in force
- 47Fine level
- 48Prescribed sum
- 49Compensation orders
- Penalties as alternative to prosecution
- 50Fixed penalty and compensation offers
- 51Work orders
- 52Setting aside of offers and orders
- 53Disclosure of previous offers
- 54Time bar where offer made
- Enforcement of fines etc.
- 55Fines enforcement officers and their functions
- 56Recognition of EU financial penalties Repealed
- Breach of post-conviction orders
- 57Probation and community service orders Repealed
- 58Restriction of liberty orders
- Part 4: JP courts and JPs
- Establishing JP courts etc.
- 59Establishing JP courts
- 60Making provision for JP courts Repealed
- 61Efficient disposal of business in JP courts
- 62Area and territorial jurisdiction of JP courts
- 63Constitution and powers etc. of JP courts
- 64Abolition of district courts
- 65Transfer of staff and property
- 66Transitional arrangements for proceedings
- Appointment of JPs etc.
- 67Appointment of JPs
- 68Conditions of office
- 69Training and appraisal of JPs
- 70Reappointment of JPs
- 71Removal of JPs
- 71ARe-employment of former JPs
- 71BRe-employment of former JPs: further provision
- 72Disqualification of solicitors who are JPs
- 73Disqualification where sequestration or bankruptcy
- 74Appointment of stipendiary magistrates Repealed
- 74AExercise of functions by stipendiary magistrates Repealed
- 75Stipendiary magistrates: further provision Repealed
- 76Signing functions
- 77Records and validity of appointment etc.
- Part 5: Inspection of the Crown Office and Procurator Fiscal Service
- 78Appointment of Inspector
- 79The Inspector's functions
- Part 6: General
- 80Modification of enactments
- 81Orders
- 82Ancillary provision
- 83Interpretation
- 84Commencement and short title
- Schedule: Modification of enactments
- Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)
- 1Paragraph 1
- Public Records (Scotland) Act 1937 (c. 43)
- 2Paragraph 2
- Social Work (Scotland) Act 1968 (c. 49)
- 3Paragraph 3
- Education (Scotland) Act 1980 (c. 44)
- 4Paragraph 4
- Legal Aid (Scotland) Act 1986 (c. 47)
- 5Paragraph 5
- Criminal Justice Act 1988 (c. 33)
- 6Paragraph 6
- Road Traffic Offenders Act 1988 (c. 53)
- 7Paragraph 7
- Environmental Protection Act 1990 (c. 43)
- 8Paragraph 8
- The 1995 Act
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Bail, Judicial Appointments etc. (Scotland) Act 2000 (asp 9)
- 27Paragraph 27
- Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9)
- 28Paragraph 28
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 29Paragraph 29
- Criminal Justice (Scotland) Act 2003 (asp 7)
- 30Paragraph 30
- Dog Fouling (Scotland) Act 2003 (asp 12)
- 31Paragraph 31
- Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
- 32Paragraph 32
- Enactments generally: references to district court and justices
- 33Paragraph 33