OpenLegislation

Criminal Justice (Scotland) Act 1995 in Northern Ireland

1995 c. 20 · Enacted 19 July 1995 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 August 1997.

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Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt.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

  1. Bail
  2. 1Bail conditions.
  3. 2Breach of bail conditions.
  4. 3No bail in homicide or rape proceedings after previous conviction of such offences.
  5. 4Right of prosecutor to seek review of grant of bail.
  6. 5Bail pending appeal.
  7. 6Lists of potential jurors.
  8. 7Jury service.
  9. 8Challenges to jurors.
  10. 9Execution of warrants granted by sheriff, etc.
  11. 10Judicial examination.
  12. 11Requirement to give notice of defence of automatism or coercion.
  13. 12Agreement of evidence.
  14. 13First and preliminary diets in solemn proceedings.
  15. 14Intermediate diet in summary proceedings.
  16. Delay in trial
  17. 15Calculation of specified period where accused detained outside Scotland.
  18. 16Uncontroversial evidence.
  19. 17Exceptions to the rule that hearsay evidence is inadmissible.
  20. 18Admissibility of prior statements of witnesses.
  21. 19Statements by accused.
  22. 21Evidence of biological material.
  23. 22Routine evidence.
  24. 23Proof of custody of productions.
  25. 24Evidence of criminal record and character of accused.
  26. 25Evidence as to controlled drugs and medicinal products.
  27. 26Evidence as to time and place of video surveillance recordings.
  28. 27Evidence in relation to fingerprints.
  29. 28Evidence in relation to sexual offences.
  30. 29Proof of previous convictions.
  31. The trial
  32. 30Death, illness or absence of trial judge.
  33. 31Removal of accused from court.
  34. 32Comment by prosecutor on accused’s failure to give evidence.
  35. 33Sentence following guilty plea.
  36. 34Sentencing guidelines.
  37. 35Supervised attendance orders.
  38. 36Supervised release orders: requirement for local authority report.
  39. 37Offences committed by persons under supervision etc.: provision of local authority report.
  40. 38Probation orders to be made only after conviction.
  41. 39Probation orders requiring treatment for mental condition.
  42. 40Sentence for offence committed while subject to requirement to perform unpaid work.
  43. 41Amendment of records of conviction and sentence in summary proceedings.
  44. 42Leave to appeal.
  45. 43Reduction in quorum of High Court for appeals against sentence etc.
  46. 44Trial judge’s report.
  47. 45Extension of certain time limits with respect to appeals.
  48. 46New prosecution for same or similar offence.
  49. Mental disorder and criminal proceedings
  50. 47Insanity in bar of trial.
  51. 48Insanity as ground of acquittal in summary proceedings.
  52. 49Examination of facts.
  53. 50Disposal of case where accused found to be insane.
  54. 51Appeal by accused in case involving insanity.
  55. 52Appeal by prosecutor in case involving insanity.
  56. 53Review of committal of mentally disordered accused to hospital.
  57. 54Restriction orders to be without limit of time.
  58. 55Committal to hospital for inquiry into mental condition.
  59. 56Criminal Courts Rules Council.
  60. 57Information for financial and other purposes.
  61. 58Prints, samples etc. in criminal investigations.
  62. 59Calculation of period of detention at police station where person previously detained under another enactment etc.
  63. 60Jurisdiction of district court in relation to statutory offences.
  64. 61Conditional offer of fixed penalty by procurator fiscal.
  65. 62Time limit for summary prosecution of statutory offences.
  66. 63Abolition of private summary prosecutions.
  67. 64Legal aid in case involving insanity in bar of trial.
  68. 65Legal aid in criminal appeals.
  69. 67Transfer of fine orders.
  70. 68Liability of bankrupt to pay fines and compensation orders.
  71. 69Child detainees unlawfully at large.
  72. Confiscation orders
  73. 70General provision.
  74. 71Benefit from commission of offence.
  75. 72Realisable property.
  76. 73Gifts.
  77. 74Making of confiscation orders.
  78. 75Statements relevant to making confiscation orders.
  79. 76Postponed confiscation orders.
  80. 77Increase in benefit or realisable property.
  81. 78Realisable property inadequate to meet payments under confiscation order.
  82. 79Confiscation orders where proceeds of crime discovered at later date.
  83. 80Application of provisions relating to fines to enforcement of confiscation orders.
  84. 81Interest on sums unpaid under confiscation orders.
  85. Exercise of powers
  86. 82Exercise of powers by court or administrator.
  87. Compensation
  88. 83Compensation.
  89. Investigations and disclosure of information
  90. 84Order to make material available.
  91. 85Authority for search.
  92. 86Disclosure of information held by government departments.
  93. 87Suspended forfeiture order.
  94. 88Forfeiture: district court.
  95. 89Warrant to search for and seize property.
  96. 90Forfeiture of property subject to suspended forfeiture order.
  97. 91Recall or variation of suspended forfeiture order.
  98. 92Property wrongly forfeited: return or compensation.
  99. 93Appeal against court decision under section 91(1) or 92(2).
  100. 94Restraint orders.
  101. 95Restraint orders in relation to realisable property.
  102. 96Restraint orders in relation to forfeitable property.
  103. 97Variation and recall of restraint orders.
  104. 98Inhibition of property affected by restraint order or by interdict.
  105. 99Arrestment of property affected by restraint order.
  106. 100Administrators.
  107. 108Enforcement of Scottish orders in England and Wales.
  108. Part III: Supplementary
  109. 117Minor and consequential amendments and repeals.
  110. 118Short title, commencement and extent.
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Paragraph 5
  116. 6Paragraph 6
  117. 7Paragraph 7
  118. 8Paragraph 8
  119. 9Paragraph 9
  120. Appointment of administrators
  121. 1Paragraph 1
  122. Functions of administrators
  123. 2Paragraph 2
  124. Money received by administrator
  125. 3Paragraph 3
  126. Application of proceeds of realisation and other sums
  127. 4Paragraph 4
  128. Supervision of administrators
  129. 5Paragraph 5
  130. Accounts and remuneration of administrator
  131. 6Paragraph 6
  132. Effect of appointment of administrator on diligence
  133. 7Paragraph 7
  134. Further provision as to administrators
  135. 8Paragraph 8
  136. Discharge of administrator
  137. 9Paragraph 9
  138. Compensation
  139. 10Paragraph 10
  140. Rules of court as regards accountant of court’s supervision etc of administrators
  141. 11Paragraph 11
  142. Power to facilitate realisation
  143. 12Paragraph 12
  144. 1Paragraph 1
  145. 2Paragraph 2
  146. 3Paragraph 3
  147. 4Paragraph 4
  148. 5Paragraph 5
  149. 6Paragraph 6
  150. 7Paragraph 7
  151. 8Paragraph 8
  152. 9Paragraph 9
  153. 10Paragraph 10
  154. 11Paragraph 11
  155. 12Paragraph 12
  156. 13Paragraph 13
  157. 14Paragraph 14
  158. 15Paragraph 15
  159. 16Paragraph 16
  160. 17Paragraph 17
  161. 18Paragraph 18
  162. 19Paragraph 19
  163. 20Paragraph 20
  164. 21Paragraph 21
  165. 22Paragraph 22
  166. 23Paragraph 23
  167. 24Paragraph 24
  168. 25Paragraph 25
  169. 26Paragraph 26
  170. 27Paragraph 27
  171. 28Paragraph 28
  172. 29Paragraph 29
  173. 30Paragraph 30
  174. 31Paragraph 31
  175. 32Paragraph 32
  176. 33Paragraph 33
  177. 34Paragraph 34
  178. 35Paragraph 35
  179. 36Paragraph 36
  180. Schedule 6: Minor and Consequential Amendments
  181. Part I: Amendments Relating to Part I
  182. 1Paragraph 1
  183. 2Paragraph 2
  184. 3Paragraph 3
  185. The Backing of Warrants (Republic of Ireland) Act 1965 (c.45)
  186. 4Paragraph 4
  187. The Criminal Justice Act 1967 (c. 80)
  188. 5Paragraph 5
  189. The Criminal Procedure (Scotland) Act 1975 (c. 21)
  190. 6Paragraph 6
  191. 141Paragraph 141
  192. 159Paragraph 159
  193. 160Paragraph 160
  194. 161Paragraph 161
  195. 162Paragraph 162
  196. 163Paragraph 163
  197. 164Paragraph 164
  198. 165Paragraph 165
  199. 166Paragraph 166
  200. 167Paragraph 167
  201. 168Paragraph 168
  202. 169Paragraph 169
  203. 170Paragraph 170
  204. 174Paragraph 174
  205. 175Paragraph 175
  206. 176Paragraph 176
  207. 177Paragraph 177
  208. The Criminal Justice Act 1991 (c. 53)
  209. 178Paragraph 178
  210. 179Paragraph 179
  211. Part II: Amendments Relating to Part II
  212. The Trade Marks Act 1938 (c.22)
  213. 180Paragraph 180
  214. 181Paragraph 181
  215. 182Paragraph 182
  216. The Civil Jurisdiction and Judgments Act 1982 (c.27)
  217. 183Paragraph 183
  218. The Telecommunications Act 1984 (c.12)
  219. 184Paragraph 184
  220. 185Paragraph 185
  221. The Copyright, Designs and Patents Act 1988 (c.48)
  222. 187Paragraph 187
  223. 188Paragraph 188
  224. 189Paragraph 189
  225. The Criminal Justice (International Co-operation) Act 1990 (c.5)
  226. 190Paragraph 190
  227. The Northern Ireland (Emergency Provisions) Act 1991 (c.24)
  228. 191Paragraph 191
  229. 192Paragraph 192
  230. 193Paragraph 193
  231. Schedule 7: Repeals
  232. IRepeals Relating to Part I
  233. IIRepeals Relating to Part II