Criminal Procedure (Scotland) Act 1975 in Northern Ireland
1975 c. 21 · Enacted 8 May 1975 · Extends to United Kingdom
Contents
- 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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed
- 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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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
- 179AOffence committed by person under supervision etc.: provision of local authority report. Repealed
- 182Absolute discharge. Repealed
- 182ACaution. Repealed
- Probation
- 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
- 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
- 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
- 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.
- 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)
- 51Paragraph 51 Repealed
- Schedule 10: Repeals and Revocations
- IEnactments Repealed