Criminal Justice (Scotland) Act 1995 in Wales
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Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt.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
- 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.
- 6Lists of potential jurors.
- 7Jury service.
- 8Challenges to jurors.
- 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.
- 16Uncontroversial evidence.
- 17Exceptions to the rule that hearsay evidence is inadmissible.
- 18Admissibility of prior statements of witnesses.
- 19Statements by accused.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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).
- 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
- 108Enforcement of Scottish orders in England and Wales.
- Chapter V: Miscellaneous and General
- 110Sequestration etc. of person holding realisable or forfeitable property.
- Part III: Supplementary
- 118Short title, commencement and extent.
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 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
- 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
- 1Paragraph 1
- 2Paragraph 2
- 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
- 141Paragraph 141
- 159Paragraph 159
- 160Paragraph 160
- 161Paragraph 161
- 162Paragraph 162
- 163Paragraph 163
- 164Paragraph 164
- 165Paragraph 165
- 166Paragraph 166
- 167Paragraph 167
- 168Paragraph 168
- 169Paragraph 169
- 170Paragraph 170
- The Road Traffic Offenders Act 1988 (c. 53)
- 171Paragraph 171
- 172Paragraph 172
- 173Paragraph 173
- 174Paragraph 174
- 175Paragraph 175
- 176Paragraph 176
- 177Paragraph 177
- The Criminal Justice Act 1991 (c. 53)
- 178Paragraph 178
- 179Paragraph 179
- Part II: Amendments Relating to Part II
- The Trade Marks Act 1938 (c.22)
- 180Paragraph 180
- 181Paragraph 181
- 182Paragraph 182
- The Civil Jurisdiction and Judgments Act 1982 (c.27)
- 183Paragraph 183
- The Telecommunications Act 1984 (c.12)
- 184Paragraph 184
- 185Paragraph 185
- The Criminal Justice Act 1988 (c.33)
- 186Paragraph 186
- The Copyright, Designs and Patents Act 1988 (c.48)
- 187Paragraph 187
- 188Paragraph 188
- 189Paragraph 189
- The Criminal Justice (International Co-operation) Act 1990 (c.5)
- 190Paragraph 190
- 191Paragraph 191
- 192Paragraph 192
- The Drug Trafficking Act 1994 (c. 37)
- 193Paragraph 193
- Schedule 7: Repeals
- IRepeals Relating to Part I
- IIRepeals Relating to Part II