{
  "url": "https://openlegislation.uk/capital-punishment-amendment-act-1868-repealed/section-13",
  "json_url": "https://openlegislation.uk/capital-punishment-amendment-act-1868-repealed/section-13.json",
  "legislation": "ukpga/Vict/31-32/24",
  "legislation_title": "Capital Punishment Amendment Act 1868 (repealed)",
  "legislation_url": "https://openlegislation.uk/capital-punishment-amendment-act-1868-repealed",
  "path": "section/13",
  "kind": "section",
  "number": "13",
  "heading": "Application to Scotland.",
  "text": "This Act shall apply to Scotland, with the modifications following; viz.,\nThe expression “judgment of death” shall mean “sentence of death” pronounced by any competent court.\n“Indictment” shall include “criminal letters.”\nAny 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.\nThe expression “the visiting justices of the prison” shall in Scotland mean the members of the county prison board acting under the provisions of the Prisons (Scotland) Act 1860.\nIn lieu of the provisions contained in section 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 sheriff 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.\nThe expression “a misdemeanor” shall mean “a crime and offence.”\nThe 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.”",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1860 c. 105."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Vict/31-32/24/section/13",
    "retrieved_at": "2026-10-29T12:58:24.165841+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}