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Criminal Procedure (Amendment) (Scotland) Act 2004

2004 asp 5 · Enacted 4 June 2004 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 March 2011.

An Act of the Scottish Parliament to make provision, in connection with proceedings in the High Court of Justiciary, for the holding of preliminary hearings prior to the trial diet; to make new provision as to the continuation of the trial diet in proceedings in the High Court; to amend the time limit for commencement of the trial in proceedings in the High Court; in connection with solemn criminal proceedings generally, to amend the consequences of failure to comply with time limits, to make further provision as to citation of the accused, witnesses and jurors, to require any solicitor engaged by the accused to notify the court and the prosecutor of his engagement, withdrawal and dismissal, to make new provision as to the procedure where the trial diet does not proceed, to enable the trial to be conducted in the absence of the accused in certain circumstances, to provide for the apprehension, detention and release on bail of obstructive witnesses, to enable notices and other documents to be served on the accused through his solicitor, to restate with modifications certain provisions in relation to the raising of preliminary pleas and issues and to make new provision as to the adjournment and alteration of diets; to enable persons to be released on bail subject to a requirement that their compliance with conditions of bail restricting their movements be remotely monitored; to make provision entitling the prosecutor to be heard on certain applications relating to bail; to make further provision as to the matters to be dealt with by the sheriff court at a first diet in solemn proceedings; to make new provision as to the procedure to be followed by the court in sentencing offenders who have pled guilty; to increase from three to five years the maximum extended sentence that may be imposed by a sheriff on persons convicted on indictment of certain violent and sexual offences; to make new provision as to the citation of witnesses for precognition by the prosecutor; to clarify when criminal proceedings are finally determined for the purposes of section 10 of the Protection of Children (Scotland) Act 2003 (asp 5); and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th April 2004 and received Royal Assent on 4th June 2004

Contents

  1. Part 1: Proceedings in the High Court
  2. Preliminary hearings
  3. 1Preliminary hearings
  4. 2Written record of state of preparation in certain cases
  5. 3Appeals
  6. 4Prohibition on accused conducting case in person in certain cases
  7. Continuation of trial diet
  8. 5Continuation of trial diet
  9. Part 2: Solemn proceedings generally
  10. 6Time limits
  11. 7Citation
  12. 8Engagement, dismissal and withdrawal of solicitor representing accused
  13. 9Procedure where trial diet does not proceed
  14. 10Trial in absence of accused
  15. 11Obstructive witnesses
  16. 12Service etc. on accused through a solicitor
  17. 13Preliminary pleas and preliminary issues
  18. 14Objections to admissibility of evidence raised without due notice
  19. 15Alteration of diets
  20. 16Uncontroversial evidence
  21. Part 3: Bail
  22. 17Bail conditions: remote monitoring of restrictions on movements Repealed
  23. 18Bail review: rights of prosecutor to be heard etc.
  24. Part 4: Miscellaneous and general
  25. Miscellaneous
  26. 19First diet in sheriff court solemn proceedings: witnesses and bail
  27. 20Sentence following guilty plea
  28. 21Increase in extended sentence which may be passed by sheriff court in certain cases
  29. 22Citation of witnesses for precognition
  30. 23Admissibility of prior statements of witnesses
  31. 24Protection of Children (Scotland) Act 2003: references following conviction
  32. General
  33. 25Further modifications of the 1995 Act
  34. 26Ancillary provision
  35. 27Commencement and short title
  36. Schedule: Further modifications of the 1995 Act
  37. 1Paragraph 1
  38. 2Paragraph 2
  39. 3Paragraph 3
  40. 4Paragraph 4
  41. 5Paragraph 5
  42. 6Paragraph 6
  43. 7Paragraph 7
  44. 8Paragraph 8
  45. 9Paragraph 9
  46. 10Paragraph 10
  47. 11Paragraph 11
  48. 12Paragraph 12
  49. 13Paragraph 13
  50. 14Paragraph 14
  51. 15Paragraph 15
  52. 16Paragraph 16
  53. 17Paragraph 17
  54. 18Paragraph 18
  55. 19Paragraph 19
  56. 20Paragraph 20
  57. 21Paragraph 21
  58. 22Paragraph 22
  59. 23Paragraph 23
  60. 24Paragraph 24
  61. 25Paragraph 25
  62. 26Paragraph 26
  63. 27Paragraph 27
  64. 28Paragraph 28
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  69. 33Paragraph 33
  70. 34Paragraph 34
  71. 35Paragraph 35
  72. 36Paragraph 36
  73. 37Paragraph 37
  74. 38Paragraph 38
  75. 39Paragraph 39
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  79. 43Paragraph 43
  80. 44Paragraph 44
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  85. 49Paragraph 49
  86. 50Paragraph 50
  87. 51Paragraph 51
  88. 52Paragraph 52
  89. 53Paragraph 53
  90. 54Paragraph 54
  91. 55Paragraph 55 Repealed
  92. 56Paragraph 56
  93. 57Paragraph 57
  94. 58Paragraph 58