Section 13 Application to Scotland.
United Kingdom
This Act shall apply to Scotland, with the modifications following; viz.,
The expression “judgment of death” shall mean “sentence of death” pronounced by any competent court.
“Indictment” shall include “criminal letters.”
Any duty appointed to be performed to or by, or any power given to, a sheriff in England, shall in Scotland be performed to or by, or be exercised by, the lord provost or provost and other magistrates charged with seeing the sentence of death carried into effect, or by any one of their number specially named by the others for that purpose.
The expression “the visiting justices of the prison” shall in Scotland mean the members of the county prison board acting under the provisions of the M1Prisons (Scotland) Act 1860.
In lieu of the provisions contained in F1section 5 hereof, the procurator fiscal of the jurisdiction within which the prison is situated wherein sentence of death is executed on any offender shall within twenty-four hours after the execution hold a public inquiry before the F2sheriff principal or sheriff of the county on the body of the offender, and in particular shall inquire into and ascertain the identity of the body, and whether sentence of death was duly executed on the offender; and the report or deliverance of the sheriff principal or sheriff shall be in duplicate, and one of the originals shall be delivered to the lord provost or provost, or magistrates or magistrate, charged with seeing the sentence of death carried into effect.
The expression “a misdemeanor” shall mean “a crime and offence.”
The expression “the duplicate of the inquisition” in the tenth section hereof shall mean “the duplicate of the report or deliverance of the sheriff or sheriff substitute.”
Annotations
Textual amendments
- F1
Words substituted by virtue of Justiciary Court (Scotland) Act 1868 (c. 95), s. 19 and by Statute Law (Repeals) Act 1989 (c. 43), s. 1(2), Sch. 2 Pt. II para. 6
- F2
Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
Marginal citations
- M1
Notes on the whole Act
Textual amendments
- F1
Act repealed, except as applied by any other enactment, by Murder (Abolition of Death Penalty) Act 1965 (c. 71), s. 3, Sch.; and Act repealed in so far as still in force (9.11.1998) by virtue of Human Rights Act 1998 (c. 42), ss. 21(5), 22(2) (with ss. 7(8), 22(5))