OpenLegislation

Procedure at Trial Procedure at TrialF1

Scotland

  1. 121, 122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  2. 123Amendment of indictment.
  3. 124On plea of guilty, jury to be dispensed with and sentence pronounced.
  4. 125On plea of not guilty, plea to be recorded and jury balloted.
  5. 126On plea of not guilty, the indictment need not be read over.
  6. 127Procedure where trial does not take place.
  7. 128Provision for death or illness of judge.
  8. 129Jury to be chosen by ballot in open court.
  9. 130Challenges and objections to jurors.
  10. 131Juror without citation not to be objected to.
  11. 132Jurors chosen for one trial may continue to serve.
  12. 133Jurors may be excused.
  13. 134Provision for death or illness of jurors.
  14. 135Clerk to state charge, and swear jury.
  15. 136Trial to be continuous.
  16. 137Seclusion of jury.
  17. 137AVerdict by judge alone.
  18. 138Witnesses not to be excluded by reason of conviction, interest, etc.
  19. 139Witnesses admissible notwithstanding relationship to parties.
  20. 139APower to permit witness to be in court during trial.
  21. 140Presence in court not to disqualify witnesses in certain cases.
  22. 140ANo case to answer.
  23. 141Accused and spouse competent witnesses for defence.
  24. 141ZAEvidence of criminal record and character of accused.
  25. 141AEvidence in relation to sexual offences.
  26. 141BExceptions to prohibition.
  27. 142Section 142
  28. 143Spouse to be competent witness.
  29. 144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  30. 145Trial in open court.
  31. 146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  32. 147Witness may be examined, etc., as to having previously made a different statement.
  33. 148Examination of witness.
  34. 148ARecall of witnesses.
  35. 149Additional evidence.
  36. 149AEvidence in replication.
  37. 150Admissions and agreements as to evidence.
  38. 151Record of proceedings at examination to be received in evidence without being sworn to by witnesses.
  39. 152Defence to speak last.
  40. 153Seclusion of jury, etc., after retiral.
  41. 154Oral verdicts to be returned by juries.
  42. 155Verdicts may be returned by juries without retiring.
  43. 155ATaking of other proceedings while jury out.
  44. 156Interruption of trial for verdict in earlier trial.
  45. 157Interruption of trial for plea or sentence in another cause.
  46. 158No proceeding under section 156 or 157 of this Act to be deemed an irregularity.
  47. 159Previous convictions.
  48. 160Laying of previous convictions before jury.
  49. 161Laying of previous convictions before judge.
  50. 162Extract convictions to be received and manner of proof.
  51. 163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  52. 164Proof of previous convictions by fingerprints.

Annotations

Textual amendments

F1

Act repealed (S.) (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 6(1), Sch. 5 (with ss. 4, 6(2), Sch. 3 paras. 3, 16, Sch. 6)