Criminal Procedure (Scotland) Act 1995
1995 c. 46 · Enacted 8 November 1995 · Extends to United Kingdom
An Act to consolidate certain enactments relating to criminal procedure in Scotland.
[8th November 1995]
C1C2C3C4C5E1I1C6C7C8Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C9C10C11C12
Annotations to the whole text
Modifications
- C1
Act modified (1.4.1997) by S.I. 1996/3255, reg. 5
- C2
Act amended (temp. from 1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 5
- C3
Act extended (S.) (1.4.1996) by 1995 c. 40, ss. 1, 2(2), 7(2)
- C4
Act excluded (S.) (1.4.1996) by 1995 c. 39, ss. 46(3), 53(2)
- C5
Act construed (S.) (1.4.1996) with 1995 c. 39, ss. 43(2), 53(2)
- C6
Act applied (3.7.2001) by S.I. 2001/1701, reg. 17, Sch. 13 para. 14(3);
Act applied (20.11.2002) by Copyright, Designs and Patents Act 1988 (c. 48), ss. 114B(6), 204B(6), 297D(6) (as inserted by Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 (c. 25), ss. 3, 4, 5; S.I. 2002/2749, art. 2)
Act applied (7.3.2005) by The Electromagnetic Compatibility Regulations 2005 (S.I. 2005/281), reg. 98(3)
Act applied (S.) (5.10.2005) by The Mental Health (Cross border transfer: patients subject to detention requirement or otherwise in hospital)(Scotland) Regulations 2005 (S.S.I. 2005/467), {reg. 46(1)}
Act modified (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 43(1), 55(1); S.S.I. 2006/482, art. 2 (subject to art. 4)
- C7
Act modified (12.12.2007) by Animal Welfare Act 2006 (c. 45), ss. 49(1), 68 (with ss. 1(2), 58(1), 59, 60); S.S.I. 2007/519, art. 2
- C8
Act modified (S.) (10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009, 14.12.2009 and 22.2.2010 for certain purposes, otherwise prosp.) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 62(8), 84; S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2
Act: power to apply conferred (S.) (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 64(5), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
Act: power to modify conferred (S.) (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 64(6)(7), 84; S.S.I. 2007/479, art. 3(1), Sch. (as amended by S.S.I. 2007/527)
- C9
various regulations applied by 1997 c. 43, Sch. 1 para. 19B (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 7 (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))
- C10
Act power to apply (with or without modifications) conferred by 2002 c. 29, s. 118(2B)(c) (as inserted (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(1)(b), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3))
- C11
136(3) applied (31.12.2020) by The Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145), regs. 1(2), 34(4)(a); S.I. 2020/1514, reg. 3(2)
- C12
Act modified (5.11.2021) by 1953 c. 28, s. 2(1A) (as inserted by Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021 (asp 18), ss. 2(1), 7(2) (with s. 2(2)))
Commencement
- I1
Act wholly in force on 1.4.1996, see s. 309(2)
Extent
- E1
Act extends to Scotland; for sections extending to England and Wales, Northern Ireland and the Isle of Man, see s. 309(3)-(6).
Contents
- Part I: Criminal Courts
- Chapter Jurisdiction and Powers
- The High Court
- 1Judges in the High Court.
- 2Fixing of High Court sittings.
- Solemn courts: general
- 3Jurisdiction and powers of solemn courts.
- The sheriff
- 4Territorial jurisdiction of sheriff.
- 5The sheriff: summary jurisdiction and powers.
- 5BNational jurisdiction for callings of custody cases in a sheriff court
- 5CNational jurisdiction for cases in a sheriff court after failure to appear
- 5DFurther provision about national jurisdiction of sheriff courts
- 5EInterpretation of sections 5B to 5D
- JP courts
- 6JP courts: constitution and prosecutor.
- 7JP courts: jurisdiction and powers.
- 7ANational jurisdiction for callings of custody cases in a JP court
- 7BNational jurisdiction for cases in a JP court after failure to appear
- 7CFurther provision about national jurisdiction of JP courts
- 7DInterpretation of sections 7A to 7C
- Sittings of sheriff and JP courts
- 8Sittings of sheriff and JP courts.
- Territorial jurisdiction: general
- 9Boundaries of jurisdiction.
- 9ACompetence of justice's actings outwith jurisdiction
- 10Crimes committed in different districts.
- 10AJurisdiction for transferred cases
- 11Certain offences committed outside Scotland.
- 11AConspiracy to commit offences outwith Scotland
- Part II: Police Functions
- Lord Advocate’s instructions
- 12Instructions by Lord Advocate as to reporting of offences.
- Detention and questioning
- 13Powers relating to suspects and potential witnesses.
- 14Detention and questioning at police station. Repealed
- 14AExtension of period of detention under section 14 Repealed
- 14BExtension under section 14A: procedure Repealed
- 15Right of persons arrested or detained to have intimation sent to another person Repealed
- 15ARight of suspects to have access to a solicitor Repealed
- 16Drunken persons: power to take to designated place. Repealed
- Arrest: access to solicitor
- 17Right of accused to have access to solicitor. Repealed
- 17ARight of person accused of sexual offence to be told about restriction on conduct of defence: arrest Repealed
- Prints and samples
- 18Prints, samples etc. in criminal investigations.
- 18ARetention of samples etc. : prosecutions for sexual and violent offences
- 18BRetention of samples etc. where offer under sections 302 to 303ZA accepted
- 18CSection 18B: extension of retention period where relevant offer relates to certain sexual or violent offences
- 18DRetention of samples etc. taken or provided in connection with certain fixed penalty offences
- 18ERetention of samples etc.: children referred to children's hearings
- 18FRetention of samples etc. relating to children: appeals
- 18GRetention of samples etc: national security
- 18GARetention of further fingerprints
- 18HRetention of samples etc.: extradition
- 19Prints, samples etc. in criminal investigations: supplementary provisions.
- 19ASamples etc. from persons convicted of sexual and violent offences.
- 19AASamples etc. from sex offenders
- 19ABSection 19AA: supplementary provision in sexual risk order cases
- 19BPower of constable in obtaining relevant physical data etc.
- 19CSections 18 and 19 to 19AA: use of samples etc.
- 20Use of prints, samples etc. Repealed
- Testing for Class A drugs
- 20AArrested persons: testing for certain Class A drugs
- 20BSection 20A: supplementary
- Schedule 1 offences
- 21Schedule 1 offences: power of constable to take offender into custody. Repealed
- ...
- 22Liberation by police. Repealed
- 22ZAOffences where undertaking breached Repealed
- 22ZBEvidential and procedural provision Repealed
- Part III: Bail
- 22AConsideration of bail on first appearance
- 23Bail applications.
- 23ABail and liberation where person already in custody
- 23BEntitlement to bail and the court's function
- 23CGrounds relevant as to question of bail
- 23DRestriction on bail in certain solemn cases Repealed
- 24Bail and bail conditions.
- 24ABail conditions: remote monitoring of restrictions on movements Repealed
- 24BRegulations as to power to impose remote monitoring requirements under section 24A Repealed
- 24CMonitoring of compliance in pursuance of requirements imposed under section 24A Repealed
- 24DRemote monitoring Repealed
- 24EDocumentary evidence in proceedings for breach of bail conditions being remotely monitored Repealed
- 24FBail: extradition proceedings
- 25Bail conditions: supplementary.
- 25AFailure to accept conditions of bail under section 65(8C): continued detention of accused
- 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 27Breach of bail conditions: offences.
- 28Breach of bail conditions: arrest of offender, etc.
- 28AApplication of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28
- 29Bail: monetary conditions.
- 30Bail review.
- 31Bail review on prosecutor’s application.
- 32Bail appeal.
- 32ABail after conviction: prosecutor's attitude
- 33Bail: no fees exigible.
- Part IV: Petition Procedure
- Warrants
- 34Petition for warrant.
- Petition proceedings outwith sheriffdom
- 34APetition proceedings outwith sheriffdom
- Judicial examination
- 35Judicial examination.
- 36Judicial examination: questioning by prosecutor. Repealed
- 37Judicial examination: record of proceedings. Repealed
- 38Judicial examination: rectification of record of proceedings. Repealed
- 39Judicial examination: charges arising in different districts.
- Committal
- 40Committal until liberated in due course of law.
- Part V: Children and Young Persons
- 41Age of criminal responsibility
- 41AProsecution of children under 12 Repealed
- 42Prosecution of children.
- 43Arrangements where children arrested. Repealed
- 44Detention of children.
- 44AAppeal against detention in secure accommodation
- 45Security for child’s good behaviour.
- 46Presumption and determination of age of child.
- 47Restriction on report of proceedings involving children.
- 48Power to refer certain children to reporter.
- 49Reference or remit to children’s hearing.
- 50Children and certain proceedings.
- 51Remand and committal of children and young persons.
- Part VI: Mental Disorder
- Criminal responsibility of mentally disordered persons
- 51ACriminal responsibility of persons with mental disorder
- Diminished responsibility
- 51BDiminished responsibility
- Committal of mentally disordered persons
- 52Power of court to commit to hospital an accused suffering from mental disorder.
- Remit of mentally disordered persons from district court
- 52ARemit of certain mentally disordered persons from district court to sheriff court
- Assessment orders
- 52BProsecutor’s power to apply for assessment order
- 52CScottish Ministers' power to apply for assessment order
- 52DAssessment order
- 52EAssessment order made ex proprio motu: application of section 52D
- 52FAssessment order: supplementary
- 52GReview of assessment order
- 52HEarly termination of assessment order
- 52JPower of court on assessment order ceasing to have effect
- Treatment orders
- 52KProsecutor’s power to apply for treatment order
- 52LScottish Ministers' power to apply for treatment order
- 52MTreatment order
- 52NTreatment order made ex proprio motu: application of section 52M
- 52PTreatment order: supplementary
- 52QReview of treatment order
- 52RTermination of treatment order
- 52SPower of court on treatment order ceasing to have effect
- Prevention of delay in trials
- 52TPrevention of delay in trials: assessment orders and treatment orders
- Effect of assessment and treatment orders on pre-existing mental health orders
- 52UEffect of assessment order and treatment order on pre-existing mental health order
- Interim compulsion orders
- 53Interim compulsion order.
- 53AInterim compulsion order: supplementary
- 53BReview and extension of interim compulsion order
- 53CEarly termination of interim compulsion order
- 53DPower of court on interim compulsion order ceasing to have effect
- Acquittal involving mental disorder
- 53EAcquittal involving mental disorder
- Unfitness for trial
- 53FUnfitness for trial
- ...
- 54Unfitness for trial: further provision .
- Examination of facts
- 55Examination of facts.
- 56Examination of facts: supplementary provisions.
- Disposal where accused found not criminally responsible
- 57Disposal of case where accused found not criminally responsible or unfit for trial.
- Compulsion orders
- 57ACompulsion order
- 57BCompulsion order authorising detention in hospital or requiring residence at place: ancillary provision
- 57CMental health officer’s report
- 57DCompulsion order: supplementary
- Hospital orders and guardianship
- 58Order for hospital admission or guardianship.
- 58AApplication of Adults with Incapacity (Scotland) Act 2000
- 59Hospital orders: restrictions on discharge.
- Hospital directions
- 59AHospital direction
- 59BHospital direction: mental health officer’s report
- 59CHospital direction: supplementary
- 60Appeals against hospital orders.
- 60AAppeal by prosecutor against hospital orders etc.
- 60BIntervention orders
- 60CAcquitted persons: detention for medical examination
- 60DNotification of detention under section 60C
- Miscellaneous provision
- 61Requirements as to medical evidence.
- 61ATransfer of person to suitable hospital
- 61BSpecification of hospital unit
- Appeals under Part VI
- 62Appeal by accused not criminally responsible or unfit for trial .
- 63Appeal by prosecutor where accused found not criminally responsible or unfit for trial.
- Part VII: Solemn Proceedings
- The indictment
- 64Prosecution on indictment.
- 65Prevention of delay in trials.
- 66Service and lodging of indictment, etc.
- 67Witnesses.
- 67AFailure of witness to attend for, or give evidence on, precognition. Repealed
- 68Productions.
- 69Notice of previous convictions.
- 70Proceedings against organisations.
- 70ADefence statements
- Children
- 70BSolemn proceedings against children
- Pre-trial proceedings
- 71First diet.
- 71AFurther pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence Repealed
- 71BFirst diet: appointment of trial diet
- 71CWritten record of state of preparation: sheriff court
- 72Preliminary hearing: procedure up to appointment of trial diet
- 72APreliminary hearing: appointment of trial diet
- 72BPower to dispense with preliminary hearing
- 72CProcedure where preliminary hearing does not proceed
- 72DPreliminary hearing: further provision
- 72EWritten record of state of preparation in certain cases
- 72FEngagement, dismissal and withdrawal of solicitor representing accused
- 72GService etc. on accused through a solicitor Repealed
- 73Preliminary diet: procedure.
- 74Appeals in connection with preliminary diets.
- 75Computation of certain periods.
- Adjournment and alteration of diets
- 75AAdjournment and alteration of diets
- 75BRefixing diets: non-sitting days
- 75CRefixing diets: non-suitable days
- Plea of guilty
- 76Procedure where accused desires to plead guilty.
- 77Plea of guilty.
- Notice by accused
- 78Special defences, incrimination and notice of witnesses, etc.
- 79Preliminary pleas and preliminary issues.
- 79AObjections to admissibility of evidence raised after first diet or preliminary hearing
- Alteration, etc, of diet
- 80Alteration and postponement of trial diet. Repealed
- 81Procedure where trial diet does not proceed.
- 82Desertion or postponement where accused in custody.
- 83Transfer of sheriff court solemn proceedings.
- 83ZATransfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal
- Continuation of trial diet
- 83AContinuation of trial diet in the High Court
- 83BContinuation of trial diet in the sheriff court
- Jurors for sittings
- 84Juries: returns of jurors and preparation of lists.
- 85Juries: citation and attendance of jurors.
- 86Jurors: excusal and objections.
- Non-availability of judge
- 87Non-availability of judge.
- 87ADisposal of preliminary matters at trial diet
- Jury for trial
- 88Plea of not guilty, balloting and swearing of jury, etc.
- 88ACommunication supporters for jurors
- 89Jury to be informed of special defence.
- 90Effect of death or discharge of jurors
- Obstructive witnesses
- 90AApprehension of witnesses in proceedings on indictment
- 90BOrders in respect of witnesses apprehended under section 90A
- 90CBreach of bail under section 90B(1)(b)
- 90DReview of orders under section 90B(1)(a) or (b)
- 90EAppeals in respect of orders under section 90B(1)
- Trial
- 91Trial to be continuous.
- 92Trial in presence of accused.
- 93Record of trial.
- 94Transcripts of record and documentary productions.
- 95Verdict by judge alone.
- 96Amendment of indictment.
- 97No case to answer.
- 97ASubmissions as to sufficiency of evidence
- 97BAcquittals etc. on section 97A(2)(a) submissions
- 97CDirections etc. on section 97A(2)(b) submissions
- 97DNo acquittal on “no reasonable jury” grounds
- 98Defence to speak last.
- 99Seclusion of jury to consider verdict.
- Verdict and conviction
- 99AVerdict of guilty or not guilty and majority for guilty verdict
- 100Delivery of jury verdict
- 101Previous convictions: solemn proceedings.
- 101APost-offence convictions etc.
- 102Interruption of trial for other proceedings.
- Failure of accused to appear
- 102AFailure of accused to appear
- Part VIII: Appeals from Solemn Proceedings
- 103Appeal sittings.
- 104Power of High Court in appeals.
- 105Appeal against refusal of application.
- 105AAppeal against granting of application
- 106Right of appeal.
- 106AAppeal against automatic sentences where earlier conviction quashed.
- 107Leave to appeal.
- 107AProsecutor's right of appeal: decisions on section 97 and 97A submissions
- 107BProsecutor's right of appeal: decisions on admissibility of evidence
- 107CAppeals under section 107A and 107B: general provisions
- 107DExpedited appeals
- 107EOther appeals under section 107A: appeal against acquittal
- 107FOther appeals under section 107A or 107B: appeal against directions etc.
- 108Lord Advocate’s right of appeal against disposal.
- 108ALord Advocate’s appeal against decision not to impose automatic sentence in certain cases.
- 109Intimation of intention to appeal.
- 110Note of appeal.
- 111Provisions supplementary to sections 109 and 110.
- 112Admission of appellant to bail.
- 113Judge’s report.
- 113AJudge's observations in expedited appeal
- 114Applications made orally or in writing.
- 115Presentation of appeal in writing.
- 116Abandonment of appeal.
- 117Presence of appellant or applicant at hearing.
- 118Disposal of appeals.
- 119Provision where High Court authorises new prosecution.
- 120Appeals: supplementary provisions.
- 121Suspension of disqualification, forfeiture, etc.
- 121ASuspension of certain sentences pending determination of appeal.
- 122Fines and caution.
- 123Lord Advocate’s reference.
- 124Finality of proceedings and Secretary of State’s reference.
- 125Reckoning of time spent pending appeal.
- 126Extract convictions.
- 127Forms in relation to appeals.
- 128Fees and expenses.
- 129Non-compliance with certain provisions may be waived.
- 130Bill of suspension not competent.
- 130ABill of advocation not competent in respect of certain decisions
- 131Prosecution appeal by bill of advocation.
- 132Interpretation of Part VIII.
- Part IX: Summary Proceedings
- General
- 133Application of Part IX of Act.
- 134Incidental applications.
- 135Warrants of apprehension and search.
- 136Time limit for certain offences.
- 136ATime limits for transferred and related cases
- 136BTime limits where fixed penalty offer etc. made
- 137Alteration of diets.
- 137ZARefixing diets: non-sitting days
- 137ZBRefixing diets: non-suitable days
- 137ATransfer of sheriff court summary proceedings within sheriffdom
- 137AATransfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal
- 137BTransfer of sheriff court summary proceedings outwith sheriffdom
- 137CCustody cases: initiating proceedings outwith sheriffdom
- 137CATransfer of JP court proceedings within sheriffdom
- 137CBTransfer of JP court proceedings outwith sheriffdom
- 137CCCustody cases: initiating JP court proceedings outwith sheriffdom
- 137DTransfer of JP court proceedings to the sheriff court
- Complaints
- 138Complaints.
- 139Complaints: orders and warrants.
- Citation
- 140Citation.
- 141Manner of citation.
- Children
- 142Summary proceedings against children.
- 142ASummary proceedings where child accused along with an adult
- Companies
- 143Prosecution of companies, etc.
- First diet
- 144Procedure at first diet.
- 145Adjournment for inquiry at first calling.
- 145ZAAdjournment where assessment order made at first calling
- 145AAdjournment at first calling to allow accused to appear etc.
- 146Plea of not guilty.
- Pre-trial procedure
- 147Prevention of delay in trials.
- 148Intermediate diet.
- 148AInterim diet required in certain sexual or domestic abuse cases
- 148BPre-trial procedure in sheriff court where no intermediate diet is fixed
- 148CEngagement, dismissal and withdrawal of solicitor representing accused
- 148DService etc. on accused through a solicitor Repealed
- 149Alibi.
- 149ANotice of defence plea of consent
- 149BNotice of defences
- Failure of accused to appear
- 150Failure of accused to appear.
- 150AProceedings in absence of accused
- Non-availability of judge
- 151Death, illness or absence of judge.
- Trial diet
- 152Desertion of diet.
- 152AComplaints triable together
- 153Trial in presence of accused.
- 154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 155Punishment of witness for contempt.
- 156Apprehension of witness.
- 156AOrders in respect of witnesses apprehended under section 156
- 156BBreach of bail under section 156A(1)(b)
- 156CReview of orders under section 156A(1)(a) or (b)
- 156DAppeals in respect of orders under section 156A(1)
- 157Record of proceedings.
- 158Interruption of summary proceedings for verdict in earlier trial.
- 159Amendment of complaint.
- 160No case to answer.
- 161Defence to speak last.
- Verdict and conviction
- 161AVerdict of guilty or not guilty
- 162Judges equally divided.
- 163Conviction: miscellaneous provisions.
- 164Conviction of part of charge.
- 165“Conviction” and “sentence” not to be used for children.
- 166Previous convictions: summary proceedings
- 166APost-offence convictions etc.
- 166BCharges which disclose convictions
- 167Forms of finding and sentence.
- 168Caution.
- 169Detention in precincts of court. Repealed
- Miscellaneous
- 170Damages in respect of summary proceedings.
- 171Recovery of penalties.
- 172Forms of procedure.
- Part X: Appeals from Summary Proceedings
- General
- 173Quorum of Sheriff Appeal Court in relation to appeals.
- 174Appeals relating to preliminary pleas.
- 175Right of appeal.
- 175APower to refer points of law for the opinion of the High Court
- Stated case
- 176Stated case: manner and time of appeal.
- 176AApplication of section 176 in relation to certain appeals
- 177Procedure where appellant in custody.
- 178Stated case: preparation of draft.
- 179Stated case: adjustment and signature.
- 180Leave to appeal against conviction etc.
- 181Stated case: directions by Sheriff Appeal Court.
- 182Stated case: hearing of appeal.
- 183Stated case: disposal of appeal.
- 184Abandonment of appeal.
- New prosecution
- 185Authorisation of new prosecution.
- Appeals against sentence
- 186Appeals against sentence only.
- 187Leave to appeal against sentence.
- Disposal of appeals
- 188Setting aside conviction or sentence: prosecutor’s consent or application.
- 189Disposal of appeal against sentence.
- 190Disposal of appeal where appellant not criminally responsible.
- Miscellaneous
- 191Appeal by suspension or advocation on ground of miscarriage of justice.
- 191ATime limit for lodging bills of advocation and bills of suspension
- 191BBill of advocation not competent in respect of certain decisions
- 192Appeals: miscellaneous provisions.
- 193Suspension of disqualification, forfeiture etc.
- 193ASuspension of certain sentences pending determination of appeal.
- 194Computation of time.
- Part 10ZA: APPEALS FROM SHERIFF APPEAL COURT
- 194ZBAppeal from the Sheriff Appeal Court
- 194ZCAppeals: applications and procedure
- 194ZDApplication for permission for appeal: determination by single judge
- 194ZEFurther application for permission where single judge refuses permission
- 194ZFApplications for permission: further provision
- 194ZGRestriction of grounds of appeal
- 194ZHDisposal of appeals
- 194ZIProcedure where appellant in custody
- 194ZJAbandonment of appeal
- 194ZKFinality of proceedings
- 194ZLComputation of time
- Part XA: Scottish Criminal Cases Review Commission
- The Scottish Criminal Cases Review Commission
- 194AScottish Criminal Cases Review Commission.
- References to High Court
- 194BReferences by the Commission
- 194CGrounds for reference.
- 194DFurther provision as to references.
- 194DAHigh Court's power to reject a reference made by the Commission Repealed
- 194EExtension of Commission’s remit to summary cases.
- 194FFurther powers.
- 194GSupplementary provision.
- Powers of investigation of Commission
- 194HPower to request precognition on oath.
- 194IPower to obtain documents etc.
- 194IAPower to request assistance in obtaining information abroad
- Disclosure of information
- 194JOffence of disclosure.
- 194KExceptions from obligations of non-disclosure.
- 194LConsent to disclosure.
- Special circumstances for disclosure
- 194MFurther exception to section 194J
- 194NEffect of the exception
- 194ONotification and representations etc.
- 194PConsent if UK interest
- 194QConsent if foreign interest
- 194RDesignated foreign authority
- 194SDisapplication of sections 194O to 194R
- 194TFinal disclosure-related matters
- Part XI: Sentencing
- General
- 195Remit to High Court for sentence.
- 196Sentence following guilty plea.
- 197Sentencing guidelines.
- 198Form of sentence.
- 199Power to mitigate penalties.
- Pre-sentencing procedure
- 200Remand for inquiry into physical or mental condition.
- 201Power of court to adjourn case before sentence.
- 202Deferred sentence.
- 203Reports.
- 203AReports about organisations
- Imprisonment, etc.
- 204Restrictions on passing sentence of imprisonment or detention.
- 204ARestriction on consecutive sentences for released prisoners.
- 204BConsecutive sentences: life prisoners etc.
- 205Punishment for murder.
- 205ZASerious terrorism sentence
- 205ZBMinimum punishment part where life sentence imposed for serious terrorism offence
- 205ZC... Sentence with fixed licence period
- 205BMinimum sentence for third conviction of certain offences relating to drug trafficking.
- 205CMeaning of “conviction” for purposes of sections 205A and 205B.
- 205DOnly one sentence of imprisonment for life to be imposed in any proceedings
- 206Minimum periods of imprisonment.
- 207Detention of young offenders.
- 208Detention of children convicted on indictment.
- 208ADetention of children under sections 205(2) and 208(1)
- 209Supervised release orders.
- 210Consideration of time spent in custody.
- 210ZAConsideration of time spent on electronically monitored bail
- 210AExtended sentences for sex, violent and terrorist offenders.
- 210AAExtended sentences for certain other offenders
- Approach in domestic abuse cases
- 210ABParticular factor as to victim safety
- Risk assessment
- 210BRisk assessment order
- 210CRisk assessment report
- 210DInterim hospital order and assessment of risk
- 210EThe risk criteria
- 210EAApplication of certain sections of this Act to proceedings under section 210C(7)
- Order for lifelong restriction etc.
- 210FOrder for lifelong restriction or compulsion order
- 210GDisposal of case where certain orders not made
- Report of judge
- 210HReport of judge
- Fines
- 211Fines.
- 212Fines in summary proceedings.
- 213Remission of fines.
- 214Fines: time for payment and payment by instalments.
- 215Application for further time to pay fine.
- 216Fines: restriction on imprisonment for default.
- 217Fines: supervision pending payment.
- 218Fines: supplementary provisions as to payment.
- 219Fines: periods of imprisonment for non-payment.
- 220Fines: part payment by prisoners.
- 221Fines: recovery by civil diligence.
- 222Transfer of fine orders.
- 223Transfer of fines: procedure for clerk of court.
- The mutual recognition of criminal financial penalties
- 223ARecognition of financial penalties: requests to other member States Repealed
- 223BRequests to other member States: procedure on issue of certificate Repealed
- 223CRequests to other member States: application of provisions relating to fines Repealed
- 223DRequests to other member States: application of provisions relating to compensation orders Repealed
- 223ERequests to other member States: application of provisions relating to fixed penalties Repealed
- 223FRecognition of financial penalties: requests from other member States Repealed
- 223FARequests from other member States: procedure where no certificate Repealed
- 223GRequests from other member States: return of certificate Repealed
- 223HRequests from other member States: procedure on receipt of certificate Repealed
- 223IRequests from other member States: action undertaken under certificate Repealed
- 223JRequests from other member States: application of provisions in relation to fines Repealed
- 223KRequests from other member States: supplementary provisions in relation to fines Repealed
- 223LRequests from other member States: action for enforcement where financial penalty not recovered Repealed
- 223MRequests from other member States: application of provisions relating to orders for compensation Repealed
- 223NRequests from other member States: supplementary provisions in relation to orders for compensation Repealed
- 223ORequests from other member States: application of provisions relating to fixed penalties Repealed
- 223PTransfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland Repealed
- 223QThe competent authority for Scotland Repealed
- 223RAccrual of monies obtained from the enforcement of financial penalties Repealed
- 223STreatment of compensation monies Repealed
- 223TInterpretation of sections 223A to 223S Repealed
- Fines: discharge from imprisonment and penalties
- 224Discharge from imprisonment to be specified.
- 225Penalties: standard scale, prescribed sum and uprating.
- 226Penalties: exceptionally high maximum fines.
- Enforcement of fines etc.: fines enforcement officers
- 226AFines enforcement officers
- 226BEnforcement orders
- 226CVariation for further time to pay
- 226DSeizure of vehicles
- 226EDeduction from benefits
- 226FPowers of diligence
- 226GReference of case to court
- 226HReview of actions of FEO
- 226HAJudicial co-operation in criminal matters: mutual recognition of financial penalties: requests to other member States Repealed
- 226IEnforcement of fines etc.: interpretation
- Caution
- 227Caution.
- Community payback orders
- 227ACommunity payback orders
- 227BCommunity payback order: procedure prior to imposition
- 227CCommunity payback order: responsible officer
- 227DCommunity payback order: further provision
- 227ERequirement to avoid conflict with religious beliefs, work etc.
- 227FPayment of offenders' travelling and other expenses
- Offender supervision requirement
- 227GOffender supervision requirement
- Compensation requirement
- 227HCompensation requirement
- Unpaid work or other activity requirement
- 227IUnpaid work or other activity requirement
- 227JUnpaid work or other activity requirement: further provision
- 227KAllocation of hours between unpaid work and other activity
- 227LTime limit for completion of unpaid work or other activity
- 227MFine defaulters
- 227NOffenders subject to more than one unpaid work or other activity requirement
- 227ORules about unpaid work and other activity
- Programme requirement
- 227PProgramme requirement
- Residence requirement
- 227QResidence requirement
- Mental health treatment requirement
- 227RMental health treatment requirement
- 227SMental health treatment requirements: medical evidence
- 227TPower to change treatment
- Drug treatment requirement
- 227UDrug treatment requirement
- Alcohol treatment requirement
- 227VAlcohol treatment requirement
- Conduct requirement
- 227WConduct requirement
- Community payback orders: review, variation etc.
- 227XPeriodic review of community payback orders
- 227YApplications to vary, revoke and discharge community payback orders
- 227ZVariation, revocation and discharge: court's powers
- 227ZAVariation of community payback orders: further provision
- 227ZBChange of offender's residence to new local authority area
- Breach of community payback order
- 227ZCBreach of community payback order
- 227ZDBreach of community payback order: further provision
- Restricted movement requirement
- 227ZERestricted movement requirement : rules
- 227ZFRestricted movement requirement: effect
- 227ZGRestricted movement requirements: further provision
- 227ZHVariation of restricted movement requirement
- 227ZIRemote monitoring Repealed
- 227ZJRestricted movement requirements: Scottish Ministers' functions
- 227ZKDocumentary evidence in proceedings for breach of restricted movement requirement Repealed
- Local authorities: annual consultation about unpaid work
- 227ZLLocal authorities: annual consultations about unpaid work
- Annual reports on community payback orders
- 227ZMAnnual reports on community payback orders
- Community payback order: meaning of “the appropriate court”
- 227ZNMeaning of “the appropriate court”
- 227ZOCommunity payback orders: persons residing in England and Wales or Northern Ireland
- Probation
- 228Probation orders. Repealed
- 229Probation orders: additional requirements. Repealed
- 229AProbation progress review Repealed
- 230Probation orders: requirement of treatment for mental condition. Repealed
- 230ARequirement for remote monitoring in probation order Repealed
- 231Probation orders: amendment and discharge. Repealed
- 232Probation orders: failure to comply with requirement. Repealed
- 233Probation orders: commission of further offence. Repealed
- 234Probation orders: persons residing in England and Wales. Repealed
- Non-harassment orders
- 234ANon-harassment orders.
- 234AZANon-harassment orders: consideration by court in certain cases
- Antisocial behaviour orders
- 234AAAntisocial behaviour orders
- 234ABAntisocial behaviour orders: notification
- 234BDrug treatment and testing order.
- 234CRequirements and provisions of drug treatment and testing orders.
- 234CARequirement for ... monitoring in drug treatment and testing order
- 234DProcedural matters relating to drug treatment and testing orders.
- 234EAmendment of drug treatment and testing order.
- 234FPeriodic review of drug treatment and testing order.
- 234GBreach of drug treatment testing order.
- 234HDisposal on revocation of drugs treatment and testing order.
- 234JConcurrent drug treatment and testing and probation orders.
- 234KDrug treatment and testing orders: interpretation.
- Supervised attendance
- 235Supervised attendance orders. Repealed
- 236Supervised attendance orders in place of fines for 16 and 17 year olds. Repealed
- 237Supervised attendance orders where court allows further time to pay fine. Repealed
- Community service by offenders
- 238Community service orders. Repealed
- 239Community service orders: requirements. Repealed
- 240Community service orders: amendment and revocation etc. Repealed
- 241Community service order: commission of offence while order in force. Repealed
- 242Community service orders: persons residing in England and Wales. Repealed
- 243Community service orders: persons residing in Northern Ireland. Repealed
- 244Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland. Repealed
- 245Community service orders: rules, annual report and interpretation. Repealed
- Restriction of liberty orders
- 245ARestriction of liberty orders.
- 245BMonitoring of restriction of liberty orders. Repealed
- 245CRemote monitoring. Repealed
- 245DCombination of restriction of liberty order with other orders.
- 245DAFurther provision about multiple orders
- 245EVariation of restriction of liberty order.
- 245FBreach of restriction of liberty order.
- 245GDisposal on revocation of restriction of liberty order.
- 245HDocumentary evidence in proceedings under section 245F. Repealed
- 245IProcedure on variation or revocation of restriction of liberty order.
- 245JBreach of certain orders: adjourning hearing and remanding in custody etc.
- Community reparation orders
- 245KCommunity reparation orders Repealed
- 245LCommunity reparation order: notification Repealed
- 245MFailure to comply with community reparation order: extension of 12 month period Repealed
- 245NFailure to comply with community reparation order: powers of court Repealed
- 245PExtension, variation and revocation of order Repealed
- 245QSections 245L, 245N and 245P: meaning of “appropriate court” Repealed
- Admonition and absolute discharge
- 246Admonition and absolute discharge.
- 247Effect of probation and absolute discharge.
- Disqualification
- 248Disqualification where vehicle used to commit offence.
- 248AGeneral power to disqualify offenders.
- 248BPower to disqualify fine defaulters.
- 248CApplication of sections 248A and 248B.
- 248DExtension of disqualification where sentence of imprisonment also imposed
- 248EEffect of sentence of imprisonment in other cases
- Compensation
- 249Compensation order against convicted person.
- 250Compensation orders: supplementary provisions.
- 251Review of compensation order.
- 252Enforcement of compensation orders: application of provisions relating to fines.
- 253Effect of compensation order on subsequent award of damages in civil proceedings.
- Restitution order
- 253ARestitution order where conviction of police assault etc.
- 253BThe Restitution Fund
- 253CRestitution order, fine and compensation order: order of preference
- 253DApplication of receipts
- 253EEnforcement: application of certain provisions relating to fines
- Victim surcharge
- 253FVictim surcharge
- 253GThe Victim Surcharge Fund
- 253HApplication of receipts
- 253JEnforcement: application of certain provisions relating to fines
- Forfeiture
- 254Search warrant for forfeited articles.
- European Protection Orders
- 254AEuropean Protection Orders: interpretation Repealed
- 254BIssuing of a European Protection Order Repealed
- 254CRecognition of a European Protection Order Repealed
- 254DImplementation of a recognised European Protection Order Repealed
- 254EModification and revocation of non-harassment orders made under section 254D Repealed
- Part XII: Evidence
- Special capacity
- 255Special capacity.
- Proof of age
- 255AProof of age.
- Agreed evidence
- 256Agreements and admissions as to evidence.
- 257Duty to seek agreement of evidence.
- 258Uncontroversial evidence.
- Hearsay
- 259Exceptions to the rule that hearsay evidence is inadmissible.
- 260Admissibility of prior statements of witnesses.
- 261Statements by co-accused
- 261ZAStatements by accused
- Statements made after charge
- 261ZBException to rule on inadmissiblity
- Witness statements
- 261AWitness statements: use during trial
- 262Construction of sections 259 to 261A.
- Witnesses
- 263Examination of witnesses.
- 264Spouse or civil partner of accused a compellable witness
- 265Witnesses not excluded for conviction, interest, relationship, etc.
- 266Accused as witness.
- 267Witnesses in court during trial.
- 267ACitation of witnesses for precognition
- Identification procedures
- 267BOrder requiring accused to participate in identification procedure
- Additional evidence, etc.
- 268Additional evidence.
- 269Evidence in replication.
- 270Evidence of criminal record and character of accused.
- Special measures for child witnesses and other vulnerable witnesses
- 271Vulnerable witnesses: main definitions
- 271AChild and deemed vulnerable witnesses
- 271AAUsing only standard special measures
- 271BFurther special provision for child witnesses under the age of 12
- 271BZAChild witnesses in certain solemn cases: special measures
- 271BZBChild witnesses in certain solemn cases: modifications of section 271A
- 271BZCChild witnesses in certain solemn cases: modifications of section 271D
- 271BAAssessment of witnesses
- 271CVulnerable witness application
- 271DReview of arrangements for vulnerable witnesses
- 271EVulnerable witnesses: supplementary provision
- 271FThe accused
- 271GSaving provision
- 271HThe special measures
- 271HATemporary additional special measures
- 271HBExcluding the public while taking evidence
- 271ITaking of evidence by a commissioner
- 271JLive television link
- 271KScreens
- 271LSupporters
- 271MGiving evidence in chief in the form of a prior statement
- Witness anonymity orders
- 271NWitness anonymity orders
- 271PApplications
- 271QMaking and determination of applications
- 271RConditions for making orders
- 271SRelevant considerations
- 271TDirection to jury
- 271UDischarge and variation of order
- 271VAppeals
- 271WAppeal against the making of a witness anonymity order
- 271XAppeal against the refusal to make a witness anonymity order
- 271YAppeal against a variation of a witness anonymity order
- 271ZAppeal against a refusal to vary or discharge a witness anonymity order
- Evidence on commission and from abroad
- 272Evidence by letter of request or on commission.
- 273Television link evidence from abroad.
- Evidence from other parts of the United Kingdom
- 273ATelevision link evidence from other parts of the United Kingdom
- Evidence relating to sexual offences
- 274Restrictions on evidence relating to sexual offences.
- 275Exceptions to restrictions under section 274.
- 275ADisclosure of accused’s previous convictions where court allows questioning or evidence under section 275
- 275BProvisions supplementary to sections 275 and 275A
- Expert evidence as to subsequent behaviour of complainer
- 275CExpert evidence as to subsequent behaviour of complainer in certain cases
- Biological material
- 276Evidence of biological material.
- Transcripts and records
- 277Transcript of police interview sufficient evidence.
- 278Record of proceedings at examination as evidence. Repealed
- Documentary evidence
- 279Evidence from documents.
- Evidence from certain official documents
- 279AEvidence from certain official documents.
- Routine evidence
- 280Routine evidence.
- 281Routine evidence: autopsy and forensic science reports.
- 281ARoutine evidence: reports of identification prior to trial
- Sufficient evidence
- 282Evidence as to controlled drugs and medicinal products.
- 283Evidence as to time and place of video surveillance recordings.
- 284Evidence in relation to fingerprints.
- Proof of previous convictions
- 285Previous convictions: proof, general.
- 286Previous convictions: proof in support of substantive charge.
- 286AProof of previous conviction by court in other member State
- Part XIII: Miscellaneous
- Lord Advocate
- 287Demission from office of Lord Advocate and Solicitor General for Scotland.
- 288Intimation of proceedings in High Court to Lord Advocate.
- Convention rights ... compatibility issues , devolution issues and UNCRC compatibility issues
- 288ZARight of Advocate General to take part in proceedings
- 288ZBReferences of compatibility issues to the High Court or Supreme Court
- 288ARights of appeal for Advocate General: compatibility issues and devolution issues.
- 288AAAppeals to the Supreme Court: compatibility issues
- 288ABReferences of UNCRC compatibility issues to the High Court or Supreme Court
- 288ACAppeals to the Supreme Court: UNCRC compatibility issues
- 288BAppeals to the Supreme Court: general.
- 288BZAUNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies
- Dockets and charges in sex cases
- 288BADockets for charges of sexual offences
- 288BBMixed charges for sexual offences
- 288BCAggravation by intent to rape
- Trials for sexual offences
- 288CProhibition of personal conduct of defence in cases of certain sexual offences
- 288DAppointment of solicitor by court in such cases
- Jury directions relating to sexual offences
- 288DAJury direction relating to lack of communication about offence
- 288DBJury direction relating to absence of physical resistance or physical force
- Trials involving vulnerable witnesses
- 288DCProhibition of personal conduct of defence in domestic abuse cases
- 288EProhibition of personal conduct of defence in certain cases involving child witnesses under the age of 12
- 288FPower to prohibit personal conduct of defence in other cases involving vulnerable witnesses
- Application of vulnerable witnesses provisions to proceedings in the district court
- 288GApplication of vulnerable witnesses provisions to proceedings in the district court
- Use of live television link
- 288HParticipation through live television link
- 288IEvidence and personal appearance
- 288JEffect of postponement
- 288KSpecified hearings
- 288LDefined terms
- Treason trials
- 289Procedure and evidence in trials for treason.
- Certain rights of accused
- 290Accused’s right to request identification parade.
- 291Precognition on oath of defence witnesses.
- Mode of trial
- 292Mode of trial of certain offences.
- Art and part and attempt
- 293Statutory offences: art and part and aiding and abetting.
- 294Attempt at crime.
- Legal custody
- 295Legal custody.
- Warrants
- 296Warrants for search and apprehension to be signed by judge.
- 297Execution of warrants and service of complaints, etc.
- 297ARe-execution of apprehension warrants
- Trial judge’s report
- 298Trial judge’s report.
- Intimation of certain applications to the High Court
- 298AIntimation of bills and of petitions to the nobile officium
- Correction of entries
- 299Correction of entries.
- 300Amendment of records of conviction and sentence in summary proceedings.
- Excusal of irregularities
- 300APower of court to excuse procedural irregularities
- Rights of audience
- 301Rights of audience.
- Recovery of documents
- 301ARecovery of documents
- Fixed penalties
- 302Fixed penalty: conditional offer by procurator fiscal.
- 302ACompensation offer by procurator fiscal
- 302BCombined fixed penalty and compensation offer
- 302CRecall of fixed penalty or compensation offer
- 303Fixed penalty: enforcement.
- 303ZAWork orders
- 303ZBSetting aside of offers and orders
- Transfer of rights of appeal of deceased person
- 303ATransfer of rights of appeal of deceased person.
- Electronic proceedings
- 303BElectronic summary proceedings
- Electronic signatures and alternative methods of sending documents
- 303CElectronic signatures
- 303DSending documents electronically and to a solicitor
- 303EDocuments to which sections 303C and 303D apply
- 303FInterpretation of sections 303C to 303E
- Virtual attendance at court
- 303GSuspension of requirement for physical attendance in criminal trials
- 303HSuspension of requirement for physical attendance in criminal proceedings where only party is a public official
- 303IDirections under sections 303G and 303H
- 303JSuspension of requirement for physical attendance in other criminal hearings or proceedings
- 303KAttending by electronic means
- 303LGeneral directions under section 303K
- 303MPublication of guidance
- Sections 303C to 303M: transitional provisions and interpretation
- 303NTransitional provisions
- 303OInterpretation of sections 303C to 303N
- Part XIV: General
- 304Criminal Courts Rules Council.
- 305Acts of Adjournal.
- 306Information for financial and other purposes.
- 307Interpretation.
- 308Construction of enactments referring to detention etc.
- 308AExpressions relating to electronic proceedings
- 309Short title, commencement and extent.
- Schedule 1: Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
- 1Paragraph 1
- 1AParagraph 1A Not yet in force
- 1BParagraph 1B Not yet in force
- 1CParagraph 1C Not yet in force
- 1DParagraph 1D Not yet in force
- 2Paragraph 2
- 2AParagraph 2A
- 2BParagraph 2B
- 2CParagraph 2C
- 3Paragraph 3
- 4Paragraph 4
- 4AParagraph 4A Not yet in force
- 4BParagraph 4B Not yet in force
- Schedule 2: Examples of Indictments
- Paragraph
- Schedule 3: Indictments and Complaints
- 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
- Schedule 4: Supervision and Treatment Orders
- Part I: Preliminary
- 1Paragraph 1
- Part II: Making and Effect of Orders
- Circumstances in which orders may be made
- 2Paragraph 2
- Making of orders and general requirements
- 3Paragraph 3
- Obligatory requirements as to medical treatment
- 4Paragraph 4
- Optional requirements as to residence
- 5Paragraph 5
- Part III: Revocation and Amendment of Orders
- Revocation of order in interests of health or welfare
- 6Paragraph 6
- Amendment of order by reason of change of residence
- 7Paragraph 7
- Amendment of requirements of order
- 8Paragraph 8
- Amendment of requirements in pursuance of medical report
- 9Paragraph 9
- Supplemental
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 5Forms of Complaint and Charges
- Schedule 5ZA: Serious terrorism offences
- Part 1: Terrorism offences
- Terrorism Act 2000
- 1Paragraph 1
- Terrorism Act 2006
- 2Paragraph 2
- Ancillary offences
- 3Paragraph 3
- Part 2: Other offences (in case where aggravated by having a terrorist connection under section 31 of the counter-terrorism act 2008)
- Common law offences
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Explosive Substances Act 1883
- 14Paragraph 14
- Firearms Act 1968
- 15Paragraph 15
- Biological Weapons Act 1974
- 16Paragraph 16
- Taking of Hostages Act 1982
- 17Paragraph 17
- Aviation Security Act 1982
- 18Paragraph 18
- Nuclear Material (Offences) Act 1983
- 19Paragraph 19
- Criminal Justice Act 1988
- 20Paragraph 20
- Aviation and Maritime Security Act 1990
- 21Paragraph 21
- Channel Tunnel (Security) Order 1994
- 22Paragraph 22
- Chemical Weapons Act 1996
- 23Paragraph 23
- Anti-terrorism, Crime and Security Act 2001
- 24Paragraph 24
- International Criminal Court (Scotland) Act 2001 (asp 13)
- 25Paragraph 25
- Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
- 26Paragraph 26
- Space Industry Act 2018
- 27Paragraph 27
- Ancillary offences
- 28Paragraph 28
- 29Paragraph 29
- Schedule 5ZB: Offences specified for the purpose of section 205ZC (sentence with fixed licence period)
- Part 1: Terrorism Offences
- Terrorism Act 2000
- 1Paragraph 1
- Anti-terrorism, Crime and Security Act 2001
- 2Paragraph 2
- Terrorism Act 2006
- 3Paragraph 3
- Counter-Terrorism Act 2008
- 4Paragraph 4
- Terrorism Prevention and Investigation Measures Act 2011
- 5Paragraph 5
- Counter-Terrorism and Security Act 2015
- 6Paragraph 6
- Ancillary offences
- 7Paragraph 7
- Abolished offences
- 8Paragraph 8
- Part 2: Offences involving or connected with a threat to national security
- 9Official Secrets Act 1911
- 10Official Secrets Act 1920
- 11National Security Act 2023
- 12Certain electoral offences where foreign power or designated body condition met
- 13Ancillary offences
- 14Certain other offences where foreign power or designated body condition met
- Schedule 5ZC: Terrorism offences
- Part 1: Terrorism offences
- Terrorism Act 2000
- 1Paragraph 1
- Anti-Terrorism, Crime and Security Act 2001
- 2Paragraph 2
- Terrorism Act 2006
- 3Paragraph 3
- Ancillary offences
- 4Paragraph 4
- Part 2: Other offences (in case where aggravated by having a terrorist connection under section 31 of the counter-terrorism act 2008)
- Common law offences
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Explosive Substances Act 1883
- 15Paragraph 15
- Firearms Act 1968
- 16Paragraph 16
- Biological Weapons Act 1974
- 17Paragraph 17
- Taking of Hostages Act 1982
- 18Paragraph 18
- Aviation Security Act 1982
- 19Paragraph 19
- Nuclear Material (Offences) Act 1983
- 20Paragraph 20
- Criminal Justice Act 1988
- 21Paragraph 21
- Aviation and Maritime Security Act 1990
- 22Paragraph 22
- Channel Tunnel (Security) Order 1994
- 23Paragraph 23
- Chemical Weapons Act 1996
- 24Paragraph 24
- Anti-terrorism, Crime and Security Act 2001
- 25Paragraph 25
- International Criminal Court (Scotland) Act 2001 (asp 13)
- 26Paragraph 26
- Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
- 27Paragraph 27
- Space Industry Act 2018
- 28Paragraph 28
- Ancillary offences
- 29Paragraph 29
- 30Paragraph 30
- Schedule ... Repealed
- ... Repealed
- ...Paragraph ... Repealed
- ... Repealed
- ...Paragraph ... Repealed
- ...Paragraph ... Repealed
- ...Paragraph ... Repealed
- ... Repealed
- ...Paragraph ... Repealed
- ...Paragraph ... Repealed
- Schedule 7 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 5AParagraph 5A Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Schedule 8: Documentary Evidence in Criminal Proceedings
- Production of copy documents
- 1Paragraph 1
- Statements in business documents
- 2Paragraph 2
- 3Paragraph 3
- Documents kept by businesses etc.
- 4Paragraph 4
- Statements not contained in business documents
- 5Paragraph 5
- Additional evidence where evidence from business documents challenged
- 6Paragraph 6
- General
- 7Paragraph 7
- 8Paragraph 8
- Schedule 9Certificates as to Proof of Certain Routine Matters
- Schedule 9A: The Commission: Further Provisions
- Membership
- 1Paragraph 1
- 2Paragraph 2
- Members and employees
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Procedure
- 6Paragraph 6
- Evidence
- 7Paragraph 7
- Annual reports and accounts
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Expenses
- 11Paragraph 11
- Schedule 10: Certain Offences Triable only Summarily
- Night Poaching Act 1828 (c. 69)
- 1Paragraph 1 Repealed
- Public Meeting Act 1908 (c.66)
- 2Paragraph 2
- Post Office Act 1953 (c. 36)
- 3Paragraph 3 Repealed
- Betting, Gaming and Lotteries Act 1963 (c. 2)
- 4Paragraph 4
- Theatres Act 1968 (c.54)
- 5Paragraph 5
- Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
- 6Paragraph 6
- Schedule 11: FINANCIAL PENALTIES SUITABLE FOR ENFORCEMENT IN SCOTLAND Repealed
- Person residing in Scotland Repealed
- 1Paragraph 1 Repealed
- Person having property et ceteralaetc. in Scotland Repealed
- 2Paragraph 2 Repealed
- Person having property et ceteralaetc. in Scotland and England and Wales Repealed
- 3Paragraph 3 Repealed
- Person having property et ceteralaetc. in Scotland and Northern Ireland Repealed
- 4Paragraph 4 Repealed
- Person having property et ceteralaetc. in Scotland and England and Wales and Northern Ireland Repealed
- 5Paragraph 5 Repealed
- Interpretation Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 12: GROUNDS FOR REFUSAL TO ENFORCE FINANCIAL PENALTIES Repealed
- Part 1: THE GROUNDS FOR REFUSAL Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 5AParagraph 5A Repealed
- 6Paragraph 6 Repealed
- 6AParagraph 6A Repealed
- 7Paragraph 7 Repealed
- Part 2: EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES) 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
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- 45Paragraph 45 Repealed
- 46Paragraph 46 Repealed
- Part 3: INTERPRETATION Repealed
- 47Paragraph 47 Repealed
- Schedule 13: TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
- Part 1: ENGLAND AND WALES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: NORTHERN IRELAND
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule: TABLE OF DERIVATIONS
- 1Notes:
- 2Paragraph 2