Criminal Procedure (Scotland) Act 1975 in England
1975 c. 21 · Enacted 8 May 1975 · Extends to United Kingdom
An Act to consolidate certain enactments relating to criminal procedure in Scotland.
Annotations to the whole text
Modifications
- C1
Act amended by Water (Scotland) Act 1980 (c. 45, SIF 130), Sch. 4 para. 43(1); excluded by Solicitors (Scotland) Act 1980 (c. 46, SIF 76:2), s. 63(2); extended by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 52(7); modified by Repatriation of Prisoners Act 1984 (c. 47, SIF 39:1), s. 3, Sch. para. 5(3)(b)
- C2
Act applied by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 21(3)
- C3
By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
- C4
Act applied (S.) (1.4.1993) by Local Government Finance Act 1992 (c. 14), ss. 111(9)(b), 119(2) (with s. 118(1)(2)(4)); S.I. 1993/575, art. 2(a)
Act extended (S.) (1.10.1993) by 1993 c. 9, ss. 2(3), 5, 6, 10 (with ss. 5(1), 6(1), 10, 27, 47(2), Sch. 6 paras. 1, 2, 6, 7); S.I. 1993/2050, art. 3(4)
Act extended (1.10.1993) by 1980 c. 62, s. 32A(4) (as inserted by 1993 c. 9, s. 32 (with s. 47(2), Sch. 6 paras. 6, 7); S.I. 1993/2050, art. 3(4))
Act applied (S.) (1.4.1992) by Local Government (Scotland) Act 1956 (c. 60), s. 22 (as substituted (1.4.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 10 (with s. 118(1)(2)(4)); S.I. 1992/818, art. 2(a))
Act amended (S.) (1.10.1993) by 1993 c. 9, s. 27(7) (with ss. 5(1), 6(1), 10, 27, 47(2), Sch. 6 paras. 1, 2, 6, 7); S.I. 1993/2050, art. 3(4)
Act: certain functions transferred (S.) (1.4.1996) by 1994 c. 39, ss. 127(1), 128, 184(2); S.I. 1996/323, art. 4(1)(a), Sch.
Act applied (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, ss. 44(4), 56(11); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
Act to be construed (S.) (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) with 1995 c. 20, s. 114(2); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
Act: power to modify conferred (S.) (1.4.1997) by 1995 c. 36, s. 40(3), (with s. 99); S.I. 1996/3201, art. 3(7)
Contents
- Part I: Solemn Procedure
- 1Application of Part I of this Act. Repealed
- 2Jurisdiction and powers of courts of solemn jurisdiction. Repealed
- 4Boundaries of jurisdiction. Repealed
- 5Procedure in case of crime in different districts. Repealed
- 7Theft outside Scotland. Repealed
- 8Trial of certain crimes and offences in sheriff court. Repealed
- 9Instructions by Lord Advocate as to reporting offences. Repealed
- 10Intimation of proceedings in High Court to Lord Advocate. Repealed
- 11Procedure after intimation. Repealed
- Part: Procedure prior to Trial
- 12Petitions for Warrants. Repealed
- 13Warrants for arrest of escaped prisoners and mental patients. Repealed
- 15AWarrants for search and apprehension to be signed by judge. Repealed
- 16Backing of certain warrants from the Isle of Man.
- 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 21Examination of accused on charges arising in different districts. Repealed
- 22Committal until liberation in due course of law. Repealed
- 24Committal of children to custody in place of safety. Repealed
- 27Renewal of application for bail after committal. Repealed
- 28Admission or refusal of bail after committal. Repealed
- 28ANo bail for persons charged with or convicted of homicide or rape after previous conviction of such offences. Repealed
- 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 30Application for review of court’s decision on bail and caution. Repealed
- 30AApplication by prosecutor for review of court’s decision to grant bail. Repealed
- 32No fees exigible against accused in respect of application for bail. Repealed
- 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 35Right of Lord Advocate and High Court to admit a person to bail. Repealed
- 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 38Separation of children from adults at courts, etc. Repealed
- 40Notice to local authority of charge against a child. Repealed
- 41Indictment forms. Repealed
- 43Naming of accused. Repealed
- 44Nomen juris unnecessary. Repealed
- 45Case of two or more persons charged. Repealed
- 46“Guilty, actor or art and part” unnecessary. Repealed
- 47“All which or part” implied. Repealed
- 48Qualifying words to be implied. Repealed
- 48ACommon law and statutory offences in same indictment. Repealed
- 48BDescription of offence in words of statute or order. Repealed
- 49Quotation of statutes unnecessary. Repealed
- 51Latitude as to quantities, persons, things or modes. Repealed
- 52Description of buildings, goods, money or other property. Repealed
- 53Description of persons, goods, etc. Repealed
- 55Setting forth documents unnecessary. Repealed
- 56Declarations, etc., not averred. Repealed
- 57Indictments, etc., written or printed or partly so. Repealed
- 59Reset. Repealed
- 60Robbery, etc. to include reset, and theft to include breach of trust, etc. Repealed
- 60AProceedings under the Merchant Shipping Acts. Repealed
- 61Procedure where more than one crime charged. Repealed
- 63Attempt at crime. Repealed
- 64Statutory offences which are offences at common law. Repealed
- 65Superfluous particulars as to identity. Repealed
- 66Proof of exceptions, qualifications, etc. Repealed
- 67Offence committed in special capacity. Repealed
- 70Service of indictment and list of witnesses. Repealed
- 71Manner of service of indictment, etc. Repealed
- 74Proceedings against bodies corporate. Repealed
- 75AFirst diet. Repealed
- 77AApplication for postponement of trial diet. Repealed
- 82AParties may examine each other’s witnesses etc. Repealed
- 83Accused entitled to see productions. Repealed
- 84AAgreement of evidence. Repealed
- 86Jurors for High Court at Edinburgh. Repealed
- 87, 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 89Jurors in inferior courts. Repealed
- 90Order in which names of jurors are to be taken. Repealed
- 91Names of jurors dying or becoming disqualified to be passed over in making returns of jurors. Repealed
- 92Jurors as returned to serve on trials. Repealed
- 94One list of assize sufficient for all trials at the same diet in High Court. Repealed
- 95No irregularity in lists, etc., to be an objection to jurors. Repealed
- 96Note of jury list. Repealed
- 97Sufficient jurors only to be summoned. Repealed
- 98Jurors to be cited by registered letter or recorded delivery. Repealed
- 99Fining of jurors for non-attendance. Repealed
- 102Procedure where accused desires to plead guilty. Repealed
- 104Remit to High Court for sentence. Repealed
- 105—107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 109Interlocutor of relevancy unnecessary. Repealed
- 111Postponement on old warrant where diet deserted. Repealed
- 111AComputation of period. Repealed
- 112Place of High Court Sittings. Repealed
- 113Judges in High Court. Repealed
- 114Fixing of High Court sittings. Repealed
- 114ATransfer of sheriff court solemn proceedings. Repealed
- 115—119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 121, 122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 123Amendment of indictment. Repealed
- 126On plea of not guilty, the indictment need not be read over. Repealed
- 131Juror without citation not to be objected to. Repealed
- 133Jurors may be excused. Repealed
- 136Trial to be continuous. Repealed
- 137Seclusion of jury. Repealed
- 137AVerdict by judge alone. Repealed
- 138Witnesses not to be excluded by reason of conviction, interest, etc. Repealed
- 139Witnesses admissible notwithstanding relationship to parties. Repealed
- 139APower to permit witness to be in court during trial. Repealed
- 140Presence in court not to disqualify witnesses in certain cases. Repealed
- 141ZAEvidence of criminal record and character of accused. Repealed
- 141BExceptions to prohibition. Repealed
- 143Spouse to be competent witness. Repealed
- 147Witness may be examined, etc., as to having previously made a different statement. Repealed
- 148ARecall of witnesses. Repealed
- 149Additional evidence. Repealed
- 149AEvidence in replication. Repealed
- 152Defence to speak last. Repealed
- 154Oral verdicts to be returned by juries. Repealed
- 155Verdicts may be returned by juries without retiring. Repealed
- 155ATaking of other proceedings while jury out. Repealed
- 158No proceeding under section 156 or 157 of this Act to be deemed an irregularity. Repealed
- 161Laying of previous convictions before judge. Repealed
- 164Proof of previous convictions by fingerprints. Repealed
- Procedure at trial involving children
- 169Restrictions on report of proceedings involving person under 16.
- 174ZAExamination of facts. Repealed
- 174ZBExamination of facts: supplementary provisions. Repealed
- 174ZCDisposal of case where accused found to be insane. Repealed
- 174ZDAppeal by accused in case involving insanity. Repealed
- 174ZEAppeal by Lord Advocate in case involving insanity. Repealed
- 174AInterim hospital orders. Repealed
- 175Power of court to order hospital admission or guardianship. Repealed
- Chapter: Conviction and Sentence
- 179AOffence committed by person under supervision etc.: provision of local authority report. Repealed
- 182Absolute discharge. Repealed
- 182ACaution. Repealed
- Probation
- 188Probation orders relating to persons residing in England.
- 189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 193Power to mitigate penalties. Repealed
- 193AFines on conviction on indicment to be without limit. Repealed
- 193B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 197—202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 203Fines payable to H.M. Exchequer. Repealed
- 204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 205Punishment for murder. Repealed
- 206Detention of children convicted on indictment. Repealed
- 206A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 208–211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 212ASupervised release orders.
- 213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 215Legal custody. Repealed
- 216Art and part guilt of statutory offence. Repealed
- 217Form of sentence. Repealed
- 217ASentence following guilty plea. Repealed
- 219Deferred sentence. Repealed
- 220Capital sentence not competent under this Act. Repealed
- 221No penal servitude or hard labour. Repealed
- 222No fees exigible. Repealed
- 223ADisqualification in Scotland where vehicle used to commit offence. Repealed
- 224Warrant of search for forfeited articles. Repealed
- 227ACorrection of entries. Repealed
- 229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 230Bill of suspension not competent. Repealed
- 230ALeave to appeal. Repealed
- 232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 236Proceedings in sheriff court to be furnished. Repealed
- 241Notice to authorities, etc., of date of hearing. Repealed
- 242Notice to Prison Commissioners of attendance of appellant at hearing. Repealed
- 242ASpecial provision where appellant is Lord Advocate. Repealed
- 247Powers which may be exercised by a single judge. Repealed
- 248Single judge may act wherever convenient. Repealed
- 249Interlocutory proceedings. Repealed
- 250Representation before single judge. Repealed
- 251Appeal against refusal of application. Repealed
- 253Evidence in court or on commission. Repealed
- 254ASentencing guidelines. Repealed
- 254BConvictions not to be quashed on certain grounds. Repealed
- 260Notice of decision of court on application. Repealed
- 262Finality of proceedings. Repealed
- Further provisions as to appeals
- 266Expenses. Repealed
- 267No fees exigible. Repealed
- 271Clerk of Justiciary to furnish forms, etc. Repealed
- 278Forms of procedure may be varied. Repealed
- 279Interpretation of sections 228 to 278 of this Act. Repealed
- 280Appeals against hospital orders, etc. Repealed
- 280AProsecution appeal by bill of advocation. Repealed
- 281High Court proceedings final. Repealed
- 282ARight of audience of solicitor before the High Court. Repealed
- 282BFurther provision as to rights of audience. Repealed
- Part II: Summary Procedure
- 283AOffences which are to become triable only summarily. Repealed
- 284Jurisdiction of inferior courts. Repealed
- 285Certain crimes not to be tried in inferior courts. Repealed
- 286Remit to higher court or other jurisdiction. Repealed
- 287Boundaries of jurisdiction. Repealed
- 289Summary powers of sheriff. Repealed
- 289AAmendments relating to penalties (and mode of trial) for offences made triable only summarily. Repealed
- 289CIncrease of fines for certain summary offences. Repealed
- 289EPenalties for first and subsequent convictions of summary offences to be the same. Repealed
- 289FIncrease of fines for certain summary offences. Repealed
- 289GAStatutory maximum as penalty in respect of summary conviction for offences in subordinate instruments. Repealed
- 289GBExceptionally high maximum fines. Repealed
- 289GCFines under secondary subordinate instruments–Scotland. Repealed
- 289GDFines on summary conviction for offences under subordinate instruments– conversion to references to levels on scale. Repealed
- 289HSchedule 7D. Repealed
- 290When six months’ imprisonment competent. Repealed
- 291Trial of certain offences. Repealed
- 292Theft outside Scotland. Repealed
- 293Instructions by Lord Advocate as to reporting offences. Repealed
- 294Power of constable to take offenders into custody. Repealed
- 295Interim liberation by officer in charge of police station. Repealed
- 297Committal of children to custody in place of safety. Repealed
- 298All offences to be bailable. Repealed
- 299Application for review of court’s decision on bail and caution. Repealed
- 299AApplication by prosecutor for review of court’s decision to grant bail. Repealed
- 301, 302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 303Caution and bail. Repealed
- 305Right of accused to have access to solicitor. Repealed
- 306Separation of children from adults at courts, etc. Repealed
- 308Notice to local authority of charge against a child. Repealed
- 310AAbolition of private summary prosecutions. Repealed
- 317Citation of probationer. Repealed
- 322Warrants for arrest of escaped prisoners and mental patients. Repealed
- 324Backing of certain warrants from the Isle of Man.
- 325. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 326Service of complaints, etc. Repealed
- 237Warrants granted by justice may be executed throughout Scotland. Repealed
- 331APrevention of delay in trials. Repealed
- 331BDeath, illness or absence of judge. Repealed
- 332Power to recover penalties. Repealed
- 333Offences by companies, etc. Repealed
- 333AAdjournment for inquiry at first calling. Repealed
- 333BAgreement of evidence. Repealed
- 337Plea of not guilty. Repealed
- 337BRemoval of accused from court. Repealed
- 338ADesertion of trial diet. Repealed
- 341Witnesses not to be excluded by reason of conviction, interest, etc. Repealed
- 342Witnesses admissible notwithstanding relationship to parties. Repealed
- 342APower to permit witness to be in court during trial. Repealed
- 343Presence in court not to disqualify witnesses in certain cases. Repealed
- 345ANo case to answer. Repealed
- 346ZAEvidence of criminal record and character of accused. Repealed
- 346BExceptions to prohibition. Repealed
- 348Spouse to be competent witness. Repealed
- 349Witness may be examined etc., as to having previously made a different statement. Repealed
- 349ARecall of witnesses. Repealed
- 350AEvidence in replication. Repealed
- 351Defence to speak last. Repealed
- 353Proof of official documents. Repealed
- 355Judges equally divided. Repealed
- 358Proof of previous convictions by fingerprints. Repealed
- Procedure at trial involving children
- 365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 370Child charged jointly with person who is not a child.
- 374Restrictions on report of proceedings involving person under 16.
- 375ZAExamination of facts. Repealed
- 375ZBExamination of facts: supplementary provisions. Repealed
- 375ZCDisposal of case where accused found to be insane. Repealed
- 375ZDAppeal by accused in case involving insanity. Repealed
- 375ZEAppeal by prosecutor in case involving insanity. Repealed
- 375AInterim hospital orders. Repealed
- Chapter: Conviction and Sentence
- 380AOffence committed by person under supervision etc.: provision of local authority report. Repealed
- 383Absolute discharge. Repealed
- Probation
- 389Probation orders relating to persons residing in England.
- 390. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 394Power to mitigate penalties. Repealed
- 395Provisions as to fines. Repealed
- 395APower to remit fines. Repealed
- 397Application for further time for payment of fine. Repealed
- 399Payment by instalments. Repealed
- 400Supervision pending payment of fine. Repealed
- 401Supplementary provisions as to payment of fine. Repealed
- 404Action of clerk of court on transfer of fine orders. Repealed
- 405. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 409Payment of fine in part by prisoner. Repealed
- 410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 412Payment of fines to be made to clerk of court. Repealed
- 412ASupervised attendance orders in place of fines for 16 and 17 year olds. Repealed
- 412BSupervised attendance orders where court allows further time to pay fine. Repealed
- Residential and Borstal Training
- 413Detention of children.
- 427Conviction of part only of charge. Repealed
- 428Art and part guilt of statutory offence. Repealed
- 429“Conviction” and “sentence” not to be used in relation to a child. Not yet in force
- 430ASentence following guilty plea. Repealed
- 433Sentence in open court. Repealed
- 434Further provision as to sentence. Repealed
- 436ADisqualification in Scotland where vehicle used to commit offence. Repealed
- 437Warrant of search for forfeited articles. Repealed
- 438Register of children found guilty of offences. Repealed
- 439Correction of entries. Repealed
- 439AAmendment of records of conviction and sentence in summary proceedings. Repealed
- 442ZALeave to appeal against conviction etc. Repealed
- 442AMethod of appeal against conviction or conviction and sentence. Repealed
- 443Appeals against hospital orders, etc. Repealed
- 445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 447Draft stated case to be prepared. Repealed
- 448Adjustment and signature of case. Repealed
- 449Abandonment of appeal. Repealed
- 450Record of procedure in appeal. Repealed
- 451AQuorum of High Court in relation to appeals. Repealed
- 453AAppeal by bill of suspension or advocation on ground of miscarriage of justice. Repealed
- 453AALeave to appeal against sentence. Repealed
- 453EFailure of appellant who has been granted bail to appear personally. Repealed
- 455Other modes of appeal. Repealed
- 455ASentencing guidelines. Repealed
- 456Actions of damages in respect of proceedings under this Part of this Act. Repealed
- Part III: General
- 457ZAActs of Adjournal. Repealed
- 462Interpretation.
- 463Extent.
- 464Short title and commencement.
- Paragraph Repealed
- Discharge
- 1Paragraph 1 Repealed
- Amendment
- 3Paragraph 3 Repealed
- General
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Part I: Preliminary
- 1Paragraph 1 Repealed
- Part II: Making and Effect of Orders
- Circumstances in which orders may be made
- 2Paragraph 2 Repealed
- Making of orders and general requirements
- 3Paragraph 3 Repealed
- Obligatory requirements as to medical treatment
- 4Paragraph 4 Repealed
- Optional requirements as to residence
- 5Paragraph 5 Repealed
- Part III: Revocation and Amendment of Orders
- Revocation of order in interests of health or welfare
- 6Paragraph 6 Repealed
- Amendment of order by reason of change of residence
- 7Paragraph 7 Repealed
- Amendment of requirements of order
- 8Paragraph 8 Repealed
- Amendment of requirements in pursuance of medical report
- 9Paragraph 9 Repealed
- Supplemental
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Schedule 9: Amendment of Other Enactments
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17—29Paragraph 17—29 Repealed
- The Criminal Justice Act 1961 (1961 c. 39.)
- 30Paragraph 30
- 31—35Paragraph 31—35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- The Children and Young Persons Act 1969 (1969 c. 54)
- 45Paragraph 45
- 46Paragraph 46
- The Immigration Act 1971 (1971 c. 77)
- 47Paragraph 47
- The Criminal Justice Act 1972 (1972 c. 71)
- 48Paragraph 48
- 49Paragraph 49
- The Powers of Criminal Courts Act 1973 (1973 c. 62)
- 50Paragraph 50
- 51Paragraph 51 Repealed
- Schedule 10: Repeals and Revocations
- IEnactments Repealed