Criminal Justice (Scotland) Act 1995
1995 c. 20 · Enacted 19 July 1995 · Extends to United Kingdom
F1An Act to amend the criminal justice system of Scotland as respects criminal proceedings, the investigation of offences, the sentences and other disposals applicable in respect of certain offences, legal aid in relation to certain appeals, and the treatment of offenders; to amend the law of Scotland in relation to confiscation of the proceeds of, and forfeiture of property used in, crime; to make further provision as respects Scotland in relation to the preparation of jury lists for the purposes of criminal and civil trials; and for connected purposes.
[19th July 1995]
Annotations to the whole text
Textual amendments
- F1
Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.
Contents
- Part I: The Course of Justice
- Bail
- 1Bail conditions.
- 2Breach of bail conditions.
- 3No bail in homicide or rape proceedings after previous conviction of such offences.
- 4Right of prosecutor to seek review of grant of bail.
- 5Bail pending appeal.
- Juries
- 6Lists of potential jurors.
- 7Jury service.
- 8Challenges to jurors.
- Pre-trial procedure
- 9Execution of warrants granted by sheriff, etc.
- 10Judicial examination.
- 11Requirement to give notice of defence of automatism or coercion.
- 12Agreement of evidence.
- 13First and preliminary diets in solemn proceedings.
- 14Intermediate diet in summary proceedings.
- Delay in trial
- 15Calculation of specified period where accused detained outside Scotland.
- Evidence
- 16Uncontroversial evidence.
- 17Exceptions to the rule that hearsay evidence is inadmissible.
- 18Admissibility of prior statements of witnesses.
- 19Statements by accused.
- 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 21Evidence of biological material.
- 22Routine evidence.
- 23Proof of custody of productions.
- 24Evidence of criminal record and character of accused.
- 25Evidence as to controlled drugs and medicinal products.
- 26Evidence as to time and place of video surveillance recordings.
- 27Evidence in relation to fingerprints.
- 28Evidence in relation to sexual offences.
- 29Proof of previous convictions.
- The trial
- 30Death, illness or absence of trial judge.
- 31Removal of accused from court.
- 32Comment by prosecutor on accused’s failure to give evidence.
- Conviction and sentence
- 33Sentence following guilty plea.
- 34Sentencing guidelines.
- 35Supervised attendance orders.
- 36Supervised release orders: requirement for local authority report.
- 37Offences committed by persons under supervision etc.: provision of local authority report.
- 38Probation orders to be made only after conviction.
- 39Probation orders requiring treatment for mental condition.
- 40Sentence for offence committed while subject to requirement to perform unpaid work.
- 41Amendment of records of conviction and sentence in summary proceedings.
- Appeals
- 42Leave to appeal.
- 43Reduction in quorum of High Court for appeals against sentence etc.
- 44Trial judge’s report.
- 45Extension of certain time limits with respect to appeals.
- 46New prosecution for same or similar offence.
- Mental disorder and criminal proceedings
- 47Insanity in bar of trial.
- 48Insanity as ground of acquittal in summary proceedings.
- 49Examination of facts.
- 50Disposal of case where accused found to be insane.
- 51Appeal by accused in case involving insanity.
- 52Appeal by prosecutor in case involving insanity.
- 53Review of committal of mentally disordered accused to hospital.
- 54Restriction orders to be without limit of time.
- 55Committal to hospital for inquiry into mental condition.
- Miscellaneous
- 56Criminal Courts Rules Council.
- 57Information for financial and other purposes.
- 58Prints, samples etc. in criminal investigations.
- 59Calculation of period of detention at police station where person previously detained under another enactment etc.
- 60Jurisdiction of district court in relation to statutory offences.
- 61Conditional offer of fixed penalty by procurator fiscal.
- 62Time limit for summary prosecution of statutory offences.
- 63Abolition of private summary prosecutions.
- 64Legal aid in case involving insanity in bar of trial.
- 65Legal aid in criminal appeals.
- 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 67Transfer of fine orders.
- 68Liability of bankrupt to pay fines and compensation orders.
- 69Child detainees unlawfully at large.
- Part II: Proceeds of Crime and Property used in Crime
- Chapter I: Confiscation of the Proceeds of Crime
- Confiscation orders
- 70General provision.
- 71Benefit from commission of offence.
- 72Realisable property.
- 73Gifts.
- 74Making of confiscation orders.
- 75Statements relevant to making confiscation orders.
- 76Postponed confiscation orders.
- 77Increase in benefit or realisable property.
- 78Realisable property inadequate to meet payments under confiscation order.
- 79Confiscation orders where proceeds of crime discovered at later date.
- 80Application of provisions relating to fines to enforcement of confiscation orders.
- 81Interest on sums unpaid under confiscation orders.
- Exercise of powers
- 82Exercise of powers by court or administrator.
- Compensation
- 83Compensation.
- Investigations and disclosure of information
- 84Order to make material available.
- 85Authority for search.
- 86Disclosure of information held by government departments.
- Chapter II: Forfeiture of Property used in Crime
- 87Suspended forfeiture order.
- 88Forfeiture: district court.
- 89Warrant to search for and seize property.
- 90Forfeiture of property subject to suspended forfeiture order.
- 91Recall or variation of suspended forfeiture order.
- 92Property wrongly forfeited: return or compensation.
- 93Appeal against court decision under section 91(1) or 92(2).
- Chapter III: Restraint Orders
- 94Restraint orders.
- 95Restraint orders in relation to realisable property.
- 96Restraint orders in relation to forfeitable property.
- 97Variation and recall of restraint orders.
- 98Inhibition of property affected by restraint order or by interdict.
- 99Arrestment of property affected by restraint order.
- 100Administrators.
- Chapter IV: Reciprocal Arrangements for Enforcement of Orders
- 101Recognition and enforcement of orders made in England and Wales.
- 102Provisions supplementary to section 101.
- 103Inhibition of Scottish property affected by order registered under section 101.
- 104Arrestment of Scottish property affected by order registered under section 101.
- 105Enforcement of Northern Ireland orders.
- 106Enforcement of orders made outside United Kingdom.
- 107Registration of external confiscation orders.
- 108Enforcement of Scottish orders in England and Wales.
- 109Order in Council as regards taking of action in designated country.
- Chapter V: Miscellaneous and General
- 110Sequestration etc. of person holding realisable or forfeitable property.
- 111Disposal of family home under Chapter I or II.
- 112Forfeiture of property where accused has died.
- 113Transitional provision, amendment of 1987 Act, etc.
- 114Interpretation of Part II.
- Part III: Supplementary
- 115Interpretation.
- 116Expenses.
- 117Minor and consequential amendments and repeals.
- 118Short title, commencement and extent.
- Schedule 1: Certificates as to Proof of Certain Matters
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 2Supervision and Treatment Orders: Schedule to be inserted in the 1975 Act
- Schedule 3: Administrators
- Appointment of administrators
- 1Paragraph 1
- Functions of administrators
- 2Paragraph 2
- Money received by administrator
- 3Paragraph 3
- Application of proceeds of realisation and other sums
- 4Paragraph 4
- Supervision of administrators
- 5Paragraph 5
- Accounts and remuneration of administrator
- 6Paragraph 6
- Effect of appointment of administrator on diligence
- 7Paragraph 7
- Further provision as to administrators
- 8Paragraph 8
- Discharge of administrator
- 9Paragraph 9
- Compensation
- 10Paragraph 10
- Rules of court as regards accountant of court’s supervision etc of administrators
- 11Paragraph 11
- Power to facilitate realisation
- 12Paragraph 12
- Schedule 4: Sequestration etc. of Persons Holding Realisable or Forfeitable Property
- Sequestration of person holding realisable or forfeitable property
- 1Paragraph 1
- Bankruptcy in England and Wales of person holding realisable or forfeitable property
- 2Paragraph 2
- Winding up of company holding realisable or forfeitable property
- 3Paragraph 3
- Property subject to floating charge
- 4Paragraph 4
- Insolvency practitioners dealing with property subject to restraint order
- 5Paragraph 5
- Interpretation
- 6Paragraph 6
- Schedule 5: Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 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
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Schedule 6: Minor and Consequential Amendments
- Part I: Amendments Relating to Part I
- The Criminal Procedure (Scotland) Act 1887 (c. 35)
- 1Paragraph 1
- The Criminal Justice (Scotland) Act 1949 (c. 94)
- 2Paragraph 2
- The Summary Jurisdiction (Scotland) Act 1954 (c. 48)
- 3Paragraph 3
- The Backing of Warrants (Republic of Ireland) Act 1965 (c.45)
- 4Paragraph 4
- The Criminal Justice Act 1967 (c. 80)
- 5Paragraph 5
- The Criminal Procedure (Scotland) Act 1975 (c. 21)
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 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
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- 96Paragraph 96
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118Paragraph 118
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- 127Paragraph 127
- 128Paragraph 128
- 129Paragraph 129
- 130Paragraph 130
- 131Paragraph 131
- 132Paragraph 132
- 133Paragraph 133
- 134Paragraph 134
- 135Paragraph 135
- 136Paragraph 136
- 137Paragraph 137
- 138Paragraph 138
- 139Paragraph 139
- 140Paragraph 140
- 141Paragraph 141
- 142Paragraph 142
- 143Paragraph 143
- 144Paragraph 144
- 145Paragraph 145
- 146Paragraph 146
- 147Paragraph 147
- 148Paragraph 148
- 149Paragraph 149
- 150Paragraph 150
- 151Paragraph 151
- 152Paragraph 152
- 153Paragraph 153
- 154Paragraph 154
- 155Paragraph 155
- 156Paragraph 156
- 157Paragraph 157
- 158Paragraph 158
- The Sexual Offences (Scotland) Act 1976 (c. 67)
- 159Paragraph 159
- The Community Service by Offenders (Scotland) Act 1978 (c. 49)
- 160Paragraph 160
- 161Paragraph 161
- 162Paragraph 162
- The Criminal Justice (Scotland) Act 1980 (c. 62)
- 163Paragraph 163
- The Mental Health (Scotland) Act 1984 (c. 36)
- 164Paragraph 164
- 165Paragraph 165
- 166Paragraph 166
- 167Paragraph 167
- 168Paragraph 168
- 169Paragraph 169
- The Criminal Justice (Scotland) Act 1987 (c. 41)
- 170Paragraph 170
- The Road Traffic Offenders Act 1988 (c. 53)
- 171Paragraph 171
- 172Paragraph 172
- 173Paragraph 173
- The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
- 174Paragraph 174
- 175Paragraph 175
- 176Paragraph 176
- 177Paragraph 177
- The Criminal Justice Act 1991 (c. 53)
- 178Paragraph 178
- The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
- 179Paragraph 179
- Part II: Amendments Relating to Part II
- The Trade Marks Act 1938 (c.22)
- 180Paragraph 180
- The Criminal Procedure (Scotland) Act 1975 (c.21)
- 181Paragraph 181
- The Community Service by Offenders (Scotland) Act 1978 (c.49)
- 182Paragraph 182
- The Civil Jurisdiction and Judgments Act 1982 (c.27)
- 183Paragraph 183
- The Telecommunications Act 1984 (c.12)
- 184Paragraph 184
- The Bankruptcy (Scotland) Act 1985 (c. 66)
- 185Paragraph 185
- The Criminal Justice Act 1988 (c.33)
- 186Paragraph 186
- The Copyright, Designs and Patents Act 1988 (c.48)
- 187Paragraph 187
- The Road Traffic Offenders Act 1988 (c.53)
- 188Paragraph 188
- The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)
- 189Paragraph 189
- The Criminal Justice (International Co-operation) Act 1990 (c.5)
- 190Paragraph 190
- The Northern Ireland (Emergency Provisions) Act 1991 (c.24)
- 191Paragraph 191
- The Road Traffic Act 1991 (c.40)
- 192Paragraph 192
- The Drug Trafficking Act 1994 (c. 37)
- 193Paragraph 193
- Schedule 7: Repeals
- IRepeals Relating to Part I
- IIRepeals Relating to Part II