Criminal Procedure (Amendment) (Scotland) Act 2004

(4A) Where a notice is served under subsection (3) above in any solemn proceedings, the court may, on the application of any party to the proceedings made not less than 48 hours before the relevant diet, direct that any challenge in the notice to any fact is to be disregarded for the purposes of subsection (4) above if the court considers the challenge to be unjustified. (4B) In subsection (4A) above, “the relevant diet” means— (a) in proceedings in the High Court, the preliminary hearing; and (b) in proceedings in the sheriff court, the first diet. (4C) In proceedings in the High Court, the Court may, on cause shown, allow an application under subsection (4A) above to be made after the time limit specified in that subsection.

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Part 3 — Bail

Bail conditions: remote monitoring of restrictions on movements

17

After section 24 (bail and bail conditions) of the 1995 Act insert—

(24A) (1) Where a court has refused to admit a person to bail, the court shall, on the application of that person— (a) consider whether the imposition of a remote monitoring requirement would enable it to admit the person to bail subject to a movement restriction condition; and (b) if so— (i) admit the person to bail subject to such a condition (as well as such other conditions required to be imposed under section 24(4) of this Act); and (ii) impose, as a further condition of bail, a remote monitoring requirement. (2) Where a court— (a) grants bail to any person charged with or convicted of murder or rape; and (b) in doing so, imposes a movement restriction condition, the court may, at its own hand, impose, as a further condition of bail, a remote monitoring requirement. (3) Where a court, in granting bail to a person convicted of murder or rape— (a) imposes a movement restriction condition; but (b) does not impose a remote monitoring requirement, the court shall state reasons for not imposing such a requirement. (4) In deciding whether to grant bail to a person referred to in paragraph (a) of subsection (2) above, the court shall disregard the availability of the power conferred by that subsection. (5) Where— (a) a remote monitoring requirement has been imposed under subsection (2) above on a person charged with murder or rape; and (b) subsequently, the charge against the person is reduced, the court shall, on the application of the person, revoke the remote monitoring requirement unless it considers that there are exceptional circumstances justifying the continued imposition of the requirement. (6) An application under subsection (5) above shall be intimated immediately and in writing to the Crown Agent and the court shall, before determining it, give the prosecutor an opportunity to be heard. (7) Before considering whether to impose a remote monitoring requirement under subsection (1) or (2) above, the court shall give the accused and the prosecutor an opportunity to be heard. (8) Before imposing a remote monitoring requirement under subsection (1) or (2) above, the court shall explain to the accused in ordinary language— (a) the effect— (i) of the requirement; and (ii) of any requirement to be imposed under section 24D(3) of this Act; and (b) the consequences which may follow any failure by the accused to comply with— (i) the movement restriction condition in respect of which the remote monitoring requirement is to be imposed; and (ii) any such requirement as is referred to in paragraph (a)(ii) above. (9) The court shall not impose a remote monitoring requirement under subsection (1) or (2) above unless the accused, after the court has explained to him the matters referred to in paragraphs (a) and (b) of subsection (8) above, has confirmed that he understands those matters. (10) Subsection (11) below applies where the court is proposing— (a) to impose under subsection (1) or (2) above a remote monitoring requirement where the movement restriction condition in relation to which the requirement is proposed to be imposed will require the accused to remain in a specified place or places; or (b) to vary the movement restriction condition in relation to which the requirement is imposed so as to specify a different place or different places. (11) Before imposing the requirement or, as the case may be, varying the condition, the court shall— (a) obtain and consider a report by an officer of a local authority about— (i) the place or places proposed to be specified; and (ii) the attitude of persons likely to be affected by the requirement that the accused remain there; and (b) if it considers it necessary, hear the officer who prepared the report. (12) The court may, for the purposes of subsection (11) above, adjourn the proceedings. (13) Where a court— (a) imposes a remote monitoring requirement under subsection (1) or (2) above; (b) revokes such a requirement; or (c) varies or revokes a movement restriction condition in respect of which such a requirement has been imposed, the clerk of the court shall cause a copy of the order containing the requirement, revocation or, as the case may be, variation to be sent immediately to the monitor. (14) Where, in the course of monitoring in pursuance of a remote monitoring requirement imposed under subsection (1) or (2) above a person’s compliance with a condition imposed on bail restricting the person’s movements, the monitor becomes aware that the person has breached the condition, the monitor shall immediately notify a constable of the breach. (15) Where a constable arrests a person under section 28(1) of this Act on the ground that the constable suspects the person of having breached a movement restriction condition in respect of which a remote monitoring requirement has been imposed the constable shall, as soon as possible, notify the monitor of the arrest. (16) Nothing in subsection (1) above affects any right which a person has to appeal against a decision refusing to admit the person to bail. (17) However, where in a case in which an application has been made under subsection (1) above following a decision of a court to refuse to admit the applicant to bail— (a) an appeal is taken against the decision; and (b) the applicant is refused bail under subsection (1) above, any appeal against the refusal of bail under that subsection shall be conjoined with the appeal referred to in paragraph (a) above. (18) In this section and sections 24B to 24E of this Act— (a) “a movement restriction condition” means, in relation to a person admitted to bail, a condition of bail imposed under section 24(4)(b) of this Act restricting the person’s movements, including such a condition requiring the person to be, or not to be, in any place or description of place for, or during, any period or periods or at any time; (b) “a remote monitoring requirement” means, in relation to a movement restriction condition, a requirement that compliance with the condition be remotely monitored; and (c) references to the “accused” are references to any person in relation to whom a remote monitoring requirement is imposed or to be imposed under subsection (1) or (2) above. (19) In this section, “monitor” means, in relation to an order under this section, any person who is, or is to be, responsible for the remote monitoring of the compliance of the person in respect of whom the order is made with the condition imposed in the order restricting the person’s movements. (24B) (1) The Scottish Ministers may by regulations prescribe— (a) which courts, or description or descriptions of courts, may impose remote monitoring requirements under section 24A(1) or (2) of this Act; (b) what method or methods of monitoring compliance with a movement restriction condition may be specified in any such requirement by any such court; and (c) the description or descriptions of persons in respect of whom such requirements may be imposed. (2) Regulations under subsection (1) above may make different provision in relation to the matters mentioned in paragraphs (b) and (c) of that subsection in relation to different courts or descriptions of courts. (3) Without prejudice to the generality of subsection (1) above, in relation to district courts, regulations under that subsection may make provision as respects such courts by reference to whether the court is constituted by a stipendiary magistrate or by one or more justices. (4) Regulations under subsection (1) above may make such transitional and consequential provisions, including provision in relation to the continuing effect of any remote monitoring requirements imposed under section 24A(1) or (2) in force when new regulations are made, as the Scottish Ministers consider appropriate. (5) Regulations under subsection (1) above shall be made by statutory instrument and a statutory instrument containing any such regulations (other than the first such regulations) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament. (6) The first regulations under subsection (1) above shall not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by resolution of, the Parliament. (24C) (1) Where the Scottish Ministers, in regulations under section 24B(1) of this Act, empower a court or a description of court to impose remote monitoring requirements under section 24A(1) or (2) of this Act they shall notify the court or, as the case may be, each court of that description of the person or description of persons who may be designated by that court for the purpose of monitoring the compliance with any movement restriction condition of the person in respect of whom the requirement is imposed. (2) A court which imposes a remote monitoring requirement under section 24A(1) or (2) of this Act shall include provisions in the requirement for making a person notified by the Scottish Ministers under subsection (1) above or a description of persons so notified responsible for monitoring the compliance of the person in respect of whom it is imposed with the movement restriction condition in respect of which it is imposed. (3) Where the Scottish Ministers change the person or description of persons notified by them under subsection (1) above, any court which has imposed a remote monitoring requirement under 24A(1) or (2) of this Act shall, if necessary, vary the requirement accordingly and shall notify the variation to the person in respect of whom the order was made. (24D) (1) The Scottish Ministers may make such arrangements, including contractual arrangements, as they consider appropriate with such persons, whether legal or natural, as they think fit for the remote monitoring, in pursuance of remote monitoring requirements imposed under section 24A(1) or (2), of the compliance of persons in respect of whom such requirements are imposed with the movement restriction conditions in respect of which they are imposed. (2) Different arrangements may be made under subsection (1) above in relation to different areas or different forms of remote monitoring. (3) A court imposing a remote monitoring requirement under section 24A(1) or (2) of this Act shall include in the requirement, as a further condition of bail, a requirement that the person in respect of whom it is imposed— (a) shall, either continuously or for such periods as may be specified, wear or carry a device for the purpose of enabling the remote monitoring of his compliance with the movement restriction condition in respect of which it is imposed to be carried out; and (b) shall not tamper with or intentionally damage the device or knowingly allow it to be tampered with or intentionally damaged. (4) The Scottish Ministers shall by regulations specify devices which may be used for the purpose of remotely monitoring the compliance of persons in respect of whom remote monitoring requirements have been imposed under section 24A(1) or (2) of this Act with the movement restriction conditions in respect of which they are imposed. (5) Regulations under subsection (4) above shall be made by statutory instrument and a statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of the Scottish Parliament. (24E) (1) This section applies in proceedings against a person (referred to in this section as “the accused”) for an offence under subsection (1)(b) of section 27 of this Act (failure to comply with a condition imposed on bail) where the condition referred to in that subsection is— (a) a movement restriction condition in respect of which a remote monitoring requirement has been imposed under section 24A(1) or (2); or (b) a requirement imposed under section 24D(3)(b) of this Act. (2) Evidence of— (a) in the case referred to in subsection (1)(a) above, the presence or absence of the accused at a particular place at a particular time; or (b) in the case referred to in subsection (1)(b) above, any tampering with or damage to a device worn or carried by the accused for the purpose of remotely monitoring his whereabouts, may, subject to subsections (5) and (6) below, be given by the production of the document or documents referred to in subsection (3) below. (3) That document or those documents is or are a document or documents bearing to be— (a) a statement automatically produced by a device specified in regulations made under section 24D(4) of this Act, by which the accused’s whereabouts were remotely monitored; and (b) a certificate signed by a person nominated for the purpose of this paragraph by the Scottish Ministers that the statement relates to— (i) in the case referred to in subsection (1)(a) above, the whereabouts of the accused at the dates and times shown in the statement; or (ii) in the case referred to in subsection (1)(b) above, any tampering with or damage to the device. (4) The statement and certificate mentioned in subsection (3) above shall, when produced in the proceedings, be sufficient evidence of the facts set out in them. (5) Neither the statement nor the certificate mentioned in subsection (3) above shall be admissible in evidence unless a copy of both has been served on the accused prior to the trial. (6) Without prejudice to subsection (5) above, where it appears to the court that the accused has had insufficient notice of the statement or certificate, it may adjourn the trial or make an order which it thinks appropriate in the circumstances.

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Bail review: rights of prosecutor to be heard etc.

18

• (1) The 1995 Act is amended as follows.

• (2) In section 25 (bail conditions: supplementary), after subsection (2) insert—

(2A) Where an application is made under subsection (2) above— (a) the application shall be intimated by the accused immediately and in writing to the Crown Agent and for that purpose the application shall be taken to be intimated to the Crown Agent if intimation of it is sent to the procurator fiscal for the sheriff court district in which bail was granted; and (b) the court shall, before determining the application, give the prosecutor an opportunity to be heard.

.

• (3) In section 30 (bail review), after subsection (2) insert—

(2A) Before determining an application under subsection (2) above, the court shall give the prosecutor an opportunity to be heard. (2B) Subsection (2C) below applies where an application is made under subsection (2) above by a person convicted on indictment pending the determination of— (a) his appeal; (b) any relevant appeal by the Lord Advocate under section 108 or 108A of this Act; or (c) the sentence to be imposed on, or other method of dealing with, him. (2C) Where this subsection applies the application shall be— (a) intimated by the person making it immediately and in writing to the Crown Agent; and (b) heard not less than 7 days after the date of that intimation.

.

• (4) In section 31 (bail review on prosecutor’s application), after subsection (2) insert—

(2A) Subsection (2B) below applies to an application under subsection (1) above where the person granted bail— (a) was convicted on indictment; and (b) was granted bail pending the determination of— (i) his appeal; (ii) any relevant appeal by the Lord Advocate under section 108 or 108A of this Act; or (iii) the sentence to be imposed on, or other method of dealing with, him. (2B) Where this subsection applies, the application shall be heard not more than 7 days after the day on which it is made.

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Part 4 — Miscellaneous and general

Miscellaneous

First diet in sheriff court solemn proceedings: witnesses and bail

19

• (1) Section 71 (first diet) of the 1995 Act is amended as follows.

• (2) After subsection (1B) insert—

(1C) At a first diet, the court— (a) shall ascertain which of the witnesses included in the list of witnesses are required by the prosecutor or the accused to attend the trial; and (b) shall, where the accused has been admitted to bail, review the conditions imposed on his bail and may— (i) after giving the parties an opportunity to be heard; and (ii) if it considers it appropriate to do so, fix bail on different conditions.

.

• (3) In subsection (2), for “and (1A)” substitute “ , (1A) and (1C) ”.

• (4) In subsection (3), after “(1A)” insert “ , (1C) ”.

Sentence following guilty plea

20

• (1) Section 196 (sentence following guilty plea) of the 1995 Act is amended as follows.

• (2) In subsection (1), for “may” substitute “ shall ”.

• (3) After subsection (1) insert—

(1A) In passing sentence on an offender referred to in subsection (1) above, the court shall— (a) state whether, having taken account of the matters mentioned in paragraphs (a) and (b) of that subsection, the sentence imposed in respect of the offence is different from that which the court would otherwise have imposed; and (b) if it is not, state reasons why it is not.

.

Increase in extended sentence which may be passed by sheriff court in certain cases

21

In section 210A(6) of the 1995 Act (which provides for the maximum extended sentence which may be imposed by the sheriff on sex and violent offenders), for “three years” substitute “ five years ”.

Citation of witnesses for precognition

22

After section 267 of the 1995 Act there is inserted—

(267A) (1) This Act shall be sufficient warrant for the citation of witnesses for precognition by the prosecutor, whether or not any person has been charged with the offence in relation to which the precognition is taken. (2) Such citation shall be in the form prescribed by Act of Adjournal or as nearly as may be in such form. (3) A witness who, having been duly cited— (a) fails without reasonable excuse, after receiving at least 48 hours notice, to attend for precognition by a prosecutor at the time and place mentioned in the citation served on him; or (b) refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which the precognition is taken, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to a term of imprisonment not exceeding 21 days.

.

Admissibility of prior statements of witnesses

23

In section 260 (admissibility of prior statements of witnesses) of the 1995 Act, after subsection (4) insert—

(5) A prior statement made by a witness shall not, in any proceedings on indictment, be inadmissible by reason only that it is not included in any list of productions lodged by the parties.

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Protection of Children (Scotland) Act 2003: references following conviction

24

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In subsection (1) of section 110 (note of appeal) of the 1995 Act, after “Act”, where second occurring, insert “ or, in the case of an appeal under section 106(1)(db) or (dc) of this Act, the date on which the proposal to make a reference is made ”.

• (3) After subsection (2) of section 111 (extension of period during which an appeal may be brought in solemn proceedings) insert—

(3) Subsection (2) above does not allow the High Court to extend any such period which relates to an appeal under section 106(1)(db), (dc) or (f)(ii) or (iii) of this Act.

.

• (4) After subsection (3) of section 181 (extension of period during which an appeal may be brought in summary proceedings) insert—

(4) Subsection (1) above does not allow the High Court to make a direction in relation to an appeal under section 175(2)(cb) or (d)(ii) or (iii) of this Act.

.

• (5) In subsection (2)(a) of section 186 (appeals against sentence) of the 1995 Act—

• (a) the word “or”, which immediately precedes sub-paragraph (ii) is repealed,

• (b) after that sub-paragraph insert

; or (iii) in the case of an appeal under section 175(2)(cb), the date on which it is proposed that a reference be made

.

General

Further modifications of the 1995 Act

25

The schedule makes further modifications of the 1995 Act, including modifications of a minor and consequential nature.

Ancillary provision

26

• (1) The Scottish Ministers may by order made by statutory instrument make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

• (2) An order under this section may modify any enactment (including this Act), instrument or document.

• (3) A statutory instrument containing an order under this section (except where subsection (4) applies) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) No order under this section containing provisions which add to, replace or omit any part of the text of an Act is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by resolution of, the Parliament.

Commencement and short title

27

• (1) This Act (except section 26 and this section) comes into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

• (2) An order under subsection (1) may—

• (a) appoint different days for different purposes,

• (b) include such transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient in connection with the coming into force of the provisions brought into force.

• (3) This Act may be cited as the Criminal Procedure (Amendment) (Scotland) Act 2004.

SCHEDULE

1

The 1995 Act is amended as follows.

2

In section 2 (fixing of High Court sittings)—

• (a) in subsection (3)—

• (i) for the words “attend a” substitute “ , or otherwise required to attend, a diet to be held at any ”,

• (ii) for “his trial” substitute “ the diet or, in the case of a trial diet, the trial ”,

• (iii) for “another sitting of the High Court” substitute “ a diet to be held at a sitting of the Court in another place ”,

• (b) after subsection (3) insert—

(3C) The judge may proceed under subsection (3) above on a joint application of the parties without hearing the parties and, accordingly, he may dispense with any hearing previously appointed for the purpose of considering the application.

,

• (c) in subsection (4), for “cases have been indicted for” substitute “ diets have been appointed to be held at ”,

• (d) in subsection (5), for “any case remains indicted for” substitute “ in any case a diet remains appointed to be held at ”,

• (e) after that subsection insert—

(6) For the purposes of subsection (3) above— (a) a diet shall be taken to commence when it is called; and (b) a trial shall be taken to commence when the oath is administered to the jury.

.

3

In section 17A(1) (right of person accused of sexual offence to be told about restriction on conduct of defence: arrest)—

• (a) before paragraph (a) insert—

(za) that, if he is indicted to the High Court in respect of the offence, his case at or for the purposes of the preliminary hearing may be conducted only by a lawyer;

,

• (b) in paragraph (c), after the word “of” insert “ the conduct of his case at or for the purposes of the preliminary hearing (if he is indicted to the High Court in respect of the offence) or ”.

4

In section 23A (bail and liberation where person already in custody), in both subsections (1) and (4), for “or 23” substitute “ , 23 or 65(8C) ”.

5

In section 24 (bail and bail conditions)—

• (a) in subsection (5)(a), at the end insert “ or at which he is required by this Act to appear ”,

• (b) after subsection (6) insert—

(6A) Subsection (6) above does not apply in relation to an accused admitted to bail under section 65(8C) of this Act.

.

6

In section 25 (bail conditions: supplementary), after subsection (3) insert—

(4) In this section, references to the court (other than in subsection (2A)) shall, in relation to a person who has been admitted to bail by the Lord Advocate, be read as if they were references to the Lord Advocate.

.

7

After section 25 insert—

(25A) An accused who— (a) is, by virtue of subsection (4) of section 65 of this Act, entitled to be admitted to bail; but (b) fails to accept any of the conditions imposed by the court on bail under subsection (8C) of that section, shall continue to be detained under the committal warrant for so long as he fails to accept any of those conditions.

.

8

In section 27 (breach of bail conditions: offences)—

• (a) in subsection (1)(a), after “notice” insert “ or at which he is required by this Act to appear ”,

• (b) in subsection (4A)(a), for the words from “under” in the first place where it occurs to “71(2)” substitute “ in accordance with section 71(2) or 72(6)(b)(i) ”.

9

In section 28 (breach of bail conditions: arrest of offender etc.), after subsection (4) insert—

(4A) In the case of an accused released on bail by virtue of section 65(8C) of this Act— (a) subsection (2) above shall have effect as if the reference to the court to which his application for bail was first made were a reference to the court or judge which admitted him to bail under that section; and (b) subsection (4) above shall not apply and subsection (4B) below shall apply instead. (4B) Where an accused referred to in subsection (4A) above is, under subsection (2) or (3) above, brought before the court or judge which admitted him to bail under section 65(8C)— (a) the court or judge shall give the prosecutor an opportunity to make an application under section 65(5) of this Act; and (b) if the prosecutor does not make such an application, or if such an application is made but is refused, the court or judge may— (i) release the accused under the original order granting bail; or (ii) vary the order granting bail so as to contain such conditions as the court or judge thinks necessary to impose to secure that the accused complies with the requirements of paragraphs (a) to (d) of section 24(5) of this Act.

.

10

In section 31 (bail review on prosecutor’s application), after subsection (3) insert—

(3A) In relation to an accused admitted to bail under section 65(8C) of this Act— (a) an application may be made under subsection (1) above only in relation to the conditions imposed on bail; and (b) paragraph (a) of subsection (3) above shall not apply in relation to any such application.

.

11

In section 32 (bail appeal)—

• (a) after subsection (2) insert—

(2A) The public prosecutor may, in relation to an accused admitted to bail under section 65(8C) of this Act, appeal under subsection (2) above only in relation to the conditions imposed on bail.

,

• (b) in subsection (7), after “granted” insert “ (other than an accused to whom subsection (7B) below applies) ”,

• (c) after that subsection insert—

(7B) Where, in relation to an accused admitted to bail under section 65(8C) of this Act, the public prosecutor appeals against the conditions imposed on bail, the accused— (a) may continue to be detained under the committal warrant for no more than 72 hours from the granting of bail or for such longer period as High Court may allow; and (b) on expiry of that period, shall, whether the appeal has been disposed of or not, be released on bail subject to the conditions imposed.

.

12

In section 35(4A) (right of person accused of sexual offence to be told about restriction on conduct of defence: judicial examination)—

• (a) before paragraph (a) insert—

(za) that, if he is indicted to the High Court in respect of the offence, his case at or for the purposes of the preliminary hearing may be conducted only by a lawyer;

,

• (b) in paragraph (c), after the word “of” insert “ the conduct of his case at or for the purposes of the preliminary hearing (if he is indicted to the High Court in respect of the offence) or ”.

13

In section 54 (insanity in bar of trial), in subsection (1)(b), after “diet” in the first place where it occurs insert “ or, in proceedings on indictment where the finding is made at or before the first diet (in the case of proceedings in the sheriff court) or the preliminary hearing (in the case of proceedings in the High Court), that diet or, as the case may be, hearing ”.

14

In section 56 (examination of facts: supplementary provisions)—

• (a) in subsection (1)—

• (i) after “diet” in the first place where it occurs insert “ or, in proceedings on indictment, at the first diet (in the case of proceedings in the sheriff court) or the preliminary hearing (in the case of proceedings in the High Court) ”,

• (ii) after “diet” in the second place where it occurs insert “ , first diet or, as the case may be, preliminary hearing ”,

• (b) subsection (2) is repealed.

15

In section 66 (service and lodging of indictment etc.)—

• (a) in subsection (4)—

• (i) in paragraph (a), at the end insert “ and of the list of productions (if any) to be put in evidence by the prosecution ”,

• (ii) in paragraph (b), for the words “list as is” substitute “ lists as are ”,

• (b) after subsection (4B), insert—

(4C) Where— (a) the accused is cited in accordance with subsection (4)(b) above; and (b) the charge in the indictment is of committing a sexual offence to which section 288C of this Act applies, the accused shall, on collecting the indictment, be given a notice containing intimation of the matters specified in subsection (6A)(a) below.

,

• (c) in subsection (6A)(a)—

• (i) before sub-paragraph (i) insert—

(zi) where the case is to be tried in the High Court, that his case at or for the purposes of the preliminary hearing may be conducted only by a lawyer;

,

• (ii) in sub-paragraph (iii), after the word “of” insert “ the conduct of his case at or for the purposes of the preliminary hearing or ”,

• (d) in subsection (6B)—

• (i) for “(6A)” substitute “ (4C), (6A) or (6AA) ”,

• (ii) for “such notice” substitute “ notice affixed under subsection (4)(b) above or served under subsection (6) above ”,

• (e) subsection (10) is repealed.

16

In section 67 (witnesses)—

• (a) in subsection (3)—

• (i) for “ten” substitute “ seven ”,

• (ii) for “trial diet” in the first place where the expression occurs substitute “ preliminary hearing ”,

• (iii) the words “at the trial diet” are repealed,

• (b) after subsection (4) insert—

(4A) The prosecutor shall have a duty to cite a witness included in the list only if— (a) it has been ascertained under— (i) in the case of proceedings in the High Court, section 72(6)(d); or (ii) in the case of proceedings in the sheriff court, section 71(1C)(a), of this Act that the witness is required by the prosecutor or the accused to attend the trial; or (b) where, in the case of proceedings in the High Court, the preliminary hearing has been dispensed with under subsection (1) of section 72B of this Act, the witness was identified in the application under that subsection as being required by the prosecutor or the accused to attend the trial.

,

• (c) in subsection (5), after “accused” insert

by the relevant time. (5A) In subsection (5) above, “the relevant time” means— (a) where the case is to be tried in the High Court— (i) not less then seven clear days before the preliminary hearing; or (ii) such later time, before the jury is sworn to try the case, as the court may, on cause shown, allow; (b) where the case is to be tried in the sheriff court,

.

17

Section 67A is repealed.

18

In section 68 (productions)—

• (a) in subsection (3)—

• (i) after “lodged” insert “ , where the case is to be tried in the sheriff court, ”,

• (ii) after “diet” in the first place where it occurs insert “ or, where the case is to be tried in the High Court, at least 14 days before the preliminary hearing, ”,

• (iii) after “accused,” insert “ where the case is to be tried in the sheriff court, ”,

• (iv) after “diet” in the second place where it occurs insert “ or, where the case is to be tried in the High Court, at least seven days before the preliminary hearing, ”,

• (b) in subsection (4)—

• (i) in paragraph (a), for the words from “the accused” to “diet” substitute “ the case is to be tried in the High Court ”,

• (ii) in paragraph (b), for the words from “he” to “diet” substitute “ the case is to be tried in the sheriff court ”.

19

In section 69 (intimation of objection to any conviction specified in the notice of previous convictions), in subsection (3), for the words from “cited” in paragraph (a) to the end of the subsection, substitute

indicted to the High Court, to the Crown Agent not less than seven clear days before the preliminary hearing; (b) where the accused is indicted to the sheriff court, to the procurator fiscal at least five clear days before the first day of the sitting in which the trial diet is to be held.

.

20

In section 71 (first diet)—

• (a) in subsection (2), for the words from “matter” to “Act” substitute “ preliminary plea or preliminary issue (within the meanings given to those terms in section 79(2) of this Act) ”,

• (b) subsections (8) and (8A) are repealed.

21

Section 71A is repealed.

22

In section 74 (appeals in connection with preliminary diets), in subsection (2)(a), before “postpone” insert “ accelerate or ”.

23

In section 75(computation of certain periods), “72” is repealed.

24

In section 76 (procedure where accused desires to plead guilty), in subsection (3), after “diet” in the third place where it occurs insert “ or, where the accused has been indicted to the High Court, the preliminary hearing ”.

25

In section 78 (special defences, incrimination and notice of witnesses etc.)—

• (a) in subsection (1), in paragraph (a), the words from—

(i) where

to the end are repealed,

• (b) in subsection (3)—

• (i) in paragraph (a)—

• (A) for “the accused is cited to the High Court for the trial diet” substitute “ the case is to be tried in the High Court ”,

• (B) for “10 clear days before the trial diet” substitute “ seven clear days before the preliminary hearing ”,

• (ii) in paragraph (b), for “accused is cited to the sheriff court for the trial diet” substitute “ case is to be tried in the sheriff court ”,

• (c) in subsection (4)(a)(ii), for the words from “ten” to the end substitute “ seven clear days before the preliminary hearing ”,

• (d) in subsection (5), for the words “the trial diet, for the use of the court” substitute—

(a) where the case is to be tried in the High Court, the preliminary hearing; (b) where the case is to be tried in the sheriff court, the trial diet, for the use of the court.

.

26

Section 80(alteration and postponement of trial diet) is repealed.

27

In section 82 (desertion or postponement where accused in custody)—

• (a) in paragraph (b), after “is” insert “ continued, accelerated, ”,

• (b) in paragraph (c), at the end insert “ or, in the case of proceedings in the High Court, originally appointed by the Court, ”.

28

In section 83 (transfer of sheriff court solemn proceedings)—

• (a) in subsection (1)—

• (i) for the word “sitting” in both places where it occurs substitute “ diet ”,

• (ii) the words from “(that” to “Act)” are repealed,

• (b) in subsection (1A)—

• (i) for the word “sitting” in both places where it occurs substitute “ diet ”,

• (ii) in sub-paragraph (ii), the words from “(that” to “Act)” are repealed,

• (c) after subsection (2B) insert—

(2C) The sheriff may proceed under subsection (2) above on a joint application of the parties without hearing the parties and, accordingly, he may dispense with any hearing previously appointed for the purposes of considering the application.

,

• (d) subsection (3) is repealed.

29

In section 84 (juries: returns of jurors and preparations of lists)—

• (a) in subsection (8)—

• (i) for the words “sittings of the High Court” substitute “ trials in the High Court sitting at a particular place on a particular day ”,

• (ii) the words “to be signed by the judge” are repealed,

• (b) in subsection (9)—

• (i) for the words “at a sitting of the High Court” substitute “ in the High Court sitting at a particular place on a particular day ”,

• (ii) the words “shall be authenticated by the signature of a judge of the Court, and” are repealed,

• (iii) for the words “the trial of all parties cited to that particular sitting” substitute “ all trials to be held in the High Court sitting in that particular place on that particular day ”,

• (iv) for the words “the trials of all the accused cited to the sitting” substitute “ all such trials ”,

• (c) in subsection (10), paragraph (c) is repealed.

30

In section 85 (juries: citation and attendance of jurors)—

• (a) for subsection (2) substitute—

(2) A list of jurors shall— (a) be prepared and kept in such form and manner; and (b) contain such minimum number of names, as may be prescribed by Act of Adjournal.

,

• (b) in subsection (4), for the words “a sitting of the High Court is to be held” substitute “ the High Court is to sit ”,

• (c) in subsection (5)—

• (i) for the words “a sitting of the High Court is to be held” substitute “ the High Court is to sit on any particular day ”,

• (ii) for the words “the sitting” substitute “ trials to be held in the High Court sitting in the sheriffdom on that day ”.

31

In section 87 (non-availability of judge)—

• (a) in subsection (1)(a)—

• (i) for the words “that sitting” substitute “ the same day ”,

• (ii) in sub-paragraph (ii), for “sitting” substitute “ date ”,

• (b) in subsection (1)(b)(i), for the words “that sitting” substitute “ the same day ”.

32

In section 119 (provision where High Court authorises new prosecution), in subsection (8), for paragraphs (a) and (b) substitute—

(a) in a case where a warrant to apprehend the accused is granted— (i) on the date on which the warrant is executed; or (ii) if it is executed without unreasonable delay, on the date on which it is granted; (b) in any other case, on the date on which the accused is cited.

.

33

In section 140 (citation in summary proceedings), in subsection (1), paragraph (a) is repealed.

34

In section 156 (apprehension of witnesses), in each of subsections (1), (2) and (3), after “a witness” insert “ in a summary prosecution ”.

35

In section 245A (restriction of liberty orders), in subsection (6)—

• (a) after “shall” insert

— (a)

,

• (b) for the words from “information” in the first place where it first occurs to “to” in the second place where it second occurs substitute

a report by an officer of a local authority about— (i) the place or places proposed to be specified; and (ii)

, and

• (c) at the end insert

; and (b) if it considers it necessary, hear the officer who prepared the report.

36

In section 245C (remote monitoring), in subsection (2)—

• (a) after “offender” insert

— (a)

, and

• (b) at the end insert

, and (b) shall not tamper with or intentionally damage the device or knowingly allow it to be tampered with or intentionally damaged.

.

37

In section 245E (variation of restriction of liberty order)—

• (a) after subsection (4) insert—

(4A) Before varying a restriction of liberty order so as to require the offender to remain in a specified place or places or so as to specify a different place or different places in which the offender is to remain, the court shall— (a) obtain and consider a report by an officer of a local authority about— (i) the place or places proposed to be specified, and (ii) the attitude of persons likely to be affected by any enforced presence there of the offender; and (b) if it considers it necessary, hear the officer who prepared the report.

, and

• (b) in subsection (6)(a)—

• (i) after “places” in the first place where it occurs insert

— (i)

,

• (ii) for the words from “information” in the first place where it occurs to “to” in the second place where it occurs substitute “ a report by an officer of a local authority about the place or places proposed to be specified and ”,

• (iii) after “offender;” insert

and (ii) if it considers it necessary, hear the officer who prepared the report;

.

38

In section 255 (special capacity), in paragraph (a), for the words from “under” in the first place where it occurs to “71(2)” substitute “ in accordance with section 71(2) or 72(6)(b)(i) ”.

39

In section 255A (proof of age), in paragraph (a), for the words from “under” in the first place where it occurs to “71(2)” substitute “ in accordance with section 71(2) or 72(6)(b)(i) ”.

40

In section 257 (duty to seek agreement of evidence), after subsection (3) insert—

(4) Without prejudice to subsection (3) above, in the case of proceedings in the High Court, the parties to the proceedings shall, in complying with the duty under subsection (1) above, seek to ensure that the facts to be identified, and the steps to be taken in relation to those facts, by that subsection are identified and taken before the preliminary hearing.

.

41

In section 258 (uncontroversial evidence)—

• (a) in subsection (2), for “trial” substitute “ relevant ”,

• (b) after that subsection, insert—

(2A) In subsection (2) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet.

.

42

In section 259 (exceptions to the rule that hearsay evidence is inadmissible)—

• (a) in subsection (5), for “before the trial diet” substitute “ by the relevant time ”,

• (b) after that subsection insert—

(5A) In subsection (5) above, “the relevant time” means— (a) in the case of proceedings in the High Court— (i) not less than 7 days before the preliminary hearing; or (ii) such later time, before the trial diet, as the judge may on cause shown allow; (b) in any other case, before the trial diet.

.

43

In section 271A (special measures for child witnesses)—

• (a) in subsection (2), for the words “no later than 14 clear days before the trial diet” substitute “ by the required time ”,

• (b) in subsection (4), for the words “the time limit specified in subsection (2) above” substitute “ the required time ”,

• (c) in subsection (5), for the words from “that” where last occurring to the end substitute “ under subsection (5A) below. ”,

• (d) after that subsection insert—

(5A) That order is an order— (a) in the case of proceedings in the High Court where the preliminary hearing is yet to be held, appointing the child witness notice to be disposed of at that hearing; (b) in the case of proceedings on indictment in the sheriff court where the first diet is yet to be held, appointing the child witness notice to be disposed of at that diet; or (c) in any other case, appointing a diet to be held before the trial diet and requiring the parties to attend the diet.

,

• (e) in subsection (7), for paragraph (b) substitute—

(b) where the court does not so order— (i) in the case of proceedings on indictment where this subsection applies at or before the preliminary hearing or, as the case may be, the first diet, at that hearing or diet make an order under subsection (9) below; or (ii) in any other case, make an order appointing a diet to be held before the trial diet and requiring the parties to attend the diet.

,

• (f) in subsection (8), for “(5)(c) or (7)(b)” substitute “ (5A)(c) or (7)(b)(ii) ”,

• (g) after subsection (8) insert—

(8A) Subsection (9) below applies to— (a) a preliminary hearing or first diet, so far as the court is— (i) by virtue of an order under subsection (5A)(a) or (b) above, disposing of a child witness notice at the hearing or diet; or (ii) by virtue of subsection (7)(b)(i) above, to make an order under subsection (9) above at the hearing or diet; and (b) a diet appointed under subsection (5A)(c) or (7)(b)(ii) above.

,

• (h) in subsection (9), for the words “diet under this subsection” substitute “ hearing or diet to which this subsection applies ”,

• (i) in subsection (11), for the words “diet under subsection (9) above” substitute “ hearing or diet to which subsection (9) above applies ”,

• (j) in subsection (12) for the words from “under” to the end substitute “ appointed under subsection (5A)(c) or (7)(b)(ii) above in any case may be conjoined with any other diet to be held before the trial diet in the case. ”,

• (k) after subsection (13) insert—

(13A) In subsections (2) and (4) above, “the required time” means— (a) in the case of proceedings in the High Court, no later than 14 clear days before the preliminary hearing; (b) in the case of proceedings on indictment in the sheriff court, no later than 7 clear days before the first diet; (c) in any other case, no later than 14 clear days before the trial diet.

.

44

In section 271C (special measures for vulnerable witnesses other than child witnesses)—

• (a) in subsection (2), for the words “not later than 14 clear days before the trial diet” substitute “ by the required time ”,

• (b) in subsection (4), for the words “the time limit specified in subsection (2) above” substitute “ the required time ”,

• (c) in subsection (5)(b), for the words from “order” to the end substitute “ make an order under subsection (5A) below. ”,

• (d) after subsection (5) insert—

(5A) That order is an order— (a) in the case of proceedings in the High Court where the preliminary hearing is yet to be held, appointing the vulnerable witness application to be disposed of at that hearing, (b) in the case of proceedings on indictment in the sheriff court where the first diet is yet to be held, appointing the vulnerable witness application to be disposed of at that diet, or (c) in any other case, appointing a diet to be held before the trial diet and requiring the parties to attend the diet.

,

• (e) in subsection (6), for “(5)(b)” substitute “ (5A)(c) ”,

• (f) after that subsection insert—

(6A) Subsection (7) below applies to— (a) a preliminary hearing or first diet so far as the court is, by virtue of an order under subsection (5A)(a) or (b) above disposing of a vulnerable witness application at the hearing or diet, and (b) a diet appointed under subsection (5A)(c) above.

,

• (g) in subsection (7), for the words “diet under this subsection” substitute “ hearing or diet to which this subsection applies ”,

• (h) in subsection (9), for the words “diet under subsection (7) above” substitute “ hearing or diet to which subsection (7) above applies ”,

• (i) in subsection (10), for the words from “under” to the end substitute “ appointed under subsection (5A)(c) above in any case may be conjoined with any other diet to be held before the trial diet in the case. ”,

• (j) after subsection (11) insert—

(12) In subsections (2) and (4) above, “the required time” means— (a) in the case of proceedings in the High Court, no later than 14 clear days before the preliminary hearing, (b) in the case of proceedings on indictment in the sheriff court, no later than 7 clear days before the first diet, (c) in any other case, no later than 14 clear days before the trial diet.

.

45

In section 275B (provisions supplementary to sections 275 and 275A), in subsection (1), after “made” insert—

(a) in the case of proceedings in the High Court, not less than 7 clear days before the preliminary hearing; or (b) in any other case,

.

46

In section 277(2) (transcript of police interview sufficient evidence)—

• (a) in paragraph (a), after “before” insert—

(i) in the case of proceedings in the High Court, the preliminary hearing; (ii) in any other case,

,

• (b) in paragraph (b), for “six days before his trial, or” substitute—

(i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before his trial; or (in either case)

.

47

In section 278 (record of proceedings at examination as evidence), in subsection (2)(a), for “72(1)(b)(iv)” substitute “ 79(1) ”.

48

In section 280(6)(a) (routine evidence), after “before” insert—

(i) in the case of proceedings in the High Court, the preliminary hearing; (ii) in any other case,

.

49

In section 281 (routine evidence: autopsy and forensic science reports)—

• (a) in subsection (1), for “six days before the trial, or” substitute—

(i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before the trial; or (in either case)

,

• (b) in subsection (2)—

• (i) the words “(whom the prosecutor shall specify)” are repealed,

• (ii) after “and” in the first place where it occurs insert “ , where such intimation is given, ”,

• (iii) for the words “that pathologist or forensic scientist” substitute “ one of those pathologists or forensic scientists ”,

• (iv) for “six days before the trial or” substitute—

(i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before the trial; or (in either case)

.

50

In section 281A (routine evidence: reports of identification prior to trial)—

• (a) in subsection (2)(a), for “not less than 14 clear days before the trial” substitute “ by the required time ”,

• (b) after subsection (2) insert—

(3) In subsection (2)(a) above, “the required time” means— (a) in the case of proceedings in the High Court— (i) not less than 14 clear days before the preliminary hearing; or (ii) such later time, being not less than 14 clear days before the trial, as the court may, in special circumstances, allow; (b) in any other case, not less than 14 clear days before the trial.

.

51

In section 282 (evidence as to controlled drugs and medicinal products)—

• (a) in subsection (3), for “trial” substitute “ relevant ”,

• (b) after that subsection, insert—

(3A) In subsection (3) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet.

.

52

In section 283 (evidence as to time and place of video surveillance recordings)—

• (a) in subsection (2), for “trial” substitute “ relevant ”,

• (b) after that subsection, insert—

(2A) In subsection (2) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet.

.

53

In section 284 (evidence in relation to fingerprints)—

• (a) in subsection (2), for “trial” substitute “ relevant ”,

• (b) after subsection (2A), insert—

(2B) In subsection (2) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet.

.

54

In section 286 (previous convictions: proof in support of substantive charge)—

• (a) in subsection (1)(b), for “trial” substitute “ relevant ”,

• (b) after subsection (1), insert—

(1A) In subsection (1)(b) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet.

.

55

In section 288C (prohibition of personal conduct of defence in cases of certain sexual offences)—

• (a) in subsection (1)(b), for the words from “or” to the end substitute “ and in any victim statement proof relating to any such offence ”,

• (b) after subsection (7) insert—

(8) In subsection (1)(b) above, “victim statement proof” means any proof ordered in relation to— (a) a victim statement made by virtue of subsection (2) (or by virtue of that subsection and subsection (6)) of section 14 of the Criminal Justice (Scotland) Act 2003 (asp 7); or (b) a statement made by virtue of subsection (3) of that section in relation to such a victim statement.

.

56

In section 288D (appointment of solicitor by court in cases to which section 288C applies), in subsection (2)(a)(ii)—

• (a) for the words “proof ordered” substitute “ victim statement proof ”,

• (b) for “288C(1)” substitute “ 288C(1)(b) ”.

57

In section 307(1) (interpretation), insert at the appropriate place the following definitions—

• “preliminary hearing” shall be construed in accordance with section 66(6)(b) of this Act and, where in any case a further preliminary hearing is held or to be held under this Act, includes the diet consisting of that further preliminary hearing;

“preliminary issue” shall be construed in accordance with section 79(2)(b) of this Act;

“preliminary plea” shall be construed in accordance with section 79(2)(a) of this Act;

.

58

In Schedule 9, in column 1, in the entry relating to sections 24(3) to (8), 25 and 27 to 29 of the 1995 Act, for “25 and 27 to 29” substitute “ 25, 27 to 29 and 90C(1) ”.

Preliminary hearings

Appeals

Prohibition on accused conducting case in person in certain cases

Prohibition on accused conducting case in person in certain cases

Time limits

Citation

Engagement, dismissal and withdrawal of solicitor representing accused

Obstructive witnesses

Preliminary pleas and preliminary issues

Alteration of diets

First diet in sheriff court solemn proceedings: witnesses and bail

Increase in extended sentence which may be passed by sheriff court in certain cases

Increase in extended sentence which may be passed by sheriff court in certain cases

Admissibility of prior statements of witnesses

Citation of witnesses for precognition

Further modifications of the 1995 Act

Editorial notes

[^key-2e1561a78a27c85f09766f48cee7e835]: S. 17 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-30ed2faf33552476226384f589baf7af]: S. 20 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-df450a819cfaebc9aa20508e76c2bf72]: S. 21 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-97dc02d1b9e6db0d280f09f52ef6b9d2]: S. 22 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), Sch. 1 (with arts. 3-5)

[^key-0209bddcbea9b7a0f6c786015a43419c]: S. 23 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-2e1ec7ad8b64ccc56909eef80461eeab]: S. 24 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-5cf72a7aae3be44e515c56791367fc66]: S. 25 in force at 4.10.2004 for specified purposes, 4.12.2004 for specified purposes and 1.2.2005 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-db67861d9937f45177220ed347e0dcbb]: Sch. para. 1 in force at 4.10.2004 for specified purposes, 4.12.2004 for specified purposes and 1.2.2005 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-2acefc90388e7a3675866c08a2d26aff]: Sch. para. 6 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-5646a9832de59e49b04176ce38491a1b]: Sch. para. 17 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-9241d6fda1357ae0dd49766452357999]: Sch. para. 33 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-a8ada53af0eacd96856615a128d3f21f]: Sch. para. 35 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-03286b3d0564ee9a581860439232d93e]: Sch. para. 36 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-b8ca505396e09919a947215d5d8ccd58]: Sch. para. 37 in force at 4.10.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-fe269ed777e0ee35b6da7bdddf7a6849]: S. 8 in force at 4.12.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-e2e8387d6cc881412faf5dab112bdc93]: S. 12 in force at 4.12.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-d070f3aae622668b789fc3356c49913e]: Sch. para. 1 in force at 4.12.2004 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-7205b9dc491d65613eb33d4db3467c41]: Sch. para. 3 in force at 4.12.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-612fc40cad5bc19c78ec687c93a0ea2c]: Sch. para. 12 in force at 4.12.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-ae5a97b1e84a8ba1de948a3ec2237c8c]: Sch. para. 21 in force at 4.12.2004 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-ec765b1ce78c1b5da27b373ba8af8cb7]: Words in s. 9 inserted (31.1.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005 (S.S.I. 2005/40), arts. 1(2), 3(2)

[^key-1fa55c236104356ab8569cd9db948f2b]: Words in s. 10(3) substituted (31.1.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005 (S.S.I. 2005/40), arts. 1(2), 3(3)

[^key-985202894dede1f948e6189d6518659c]: Words in s. 18(2) inserted (31.1.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005 (S.S.I. 2005/40), arts. 1(2), 3(4)

[^key-203c8121035a949a3240d4df64201982]: Words in sch. para. 50(b) substituted (31.1.2005) by Criminal Procedure (Amendment) (Scotland) Act 2004 (Incidental, Supplemental and Consequential Provisions) Order 2005 (S.S.I. 2005/40), arts. 1(2), 3(5)

[^key-1e5b3cfd84b9ae4b7fac6e32f1e9c5fd]: S. 1(1)(2) in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-d56a34c1a36bcd4bd0704f3016fb3230]: S. 1(3) in force at 1.2.2005 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-58e831e0c88b534d85ee4a6d7351f6ac]: S. 2 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-c9e80576b874dfbd40bc70f40a9d4d95]: S. 3 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-65732ac7221bf9d6f11f4f3d541dc9bf]: S. 4(1)(2) in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-fa405cad61c6a18fffa6953d04d5e6ce]: S. 5 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-7e60d027de739dae402329ac8c56e6a8]: S. 6 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-416812f7bbc7d8b3147b8d21e04a18ad]: S. 7 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-acebbc93ae822469468aabec37de957e]: S. 9 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-b9d2cf6eca8f0cf15be353eed1813430]: S. 10 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-a5003bdc55e0df05f80127fbf73d5ddc]: S. 11 in force at 1.2.2005 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-0fc490963833ff3a5f57307c442d0081]: S. 13 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-e679a0e3efa2228731c0f4e479efcfd0]: S. 14 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-6718d7a9b37056c9de7af2a8ba834f0a]: S. 15 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-7edb0e1dbfee2611039abb3a2891de6e]: S. 16 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-845b22e64e8bbf013456900386d93467]: S. 18 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-c6879832d6887c015fe369b72c340e2e]: S. 19 in force at 1.2.2005 by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)

[^key-3a309421acc4f7df037d8cc8446578a5]: Sch. para. 1 in force at 1.2.2005 for specified purposes by S.S.I. 2004/405, art. 2(1), sch. 1 (with arts. 3-5)