Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Part 1 — Bail

Determination of questions of bail

1

After section 23A of the 1995 Act there is inserted—

(23B) (1) Bail is to be granted to an accused person— (a) except where— (i) by reference to section 23C of this Act; and (ii) having regard to the public interest, there is good reason for refusing bail; (b) subject to section 23D of this Act. (2) In determining a question of bail in accordance with subsection (1) above, the court is to consider the extent to which the public interest could, if bail were granted, be safeguarded by the imposition of bail conditions. (3) Reference in subsections (1)(a)(ii) and (2) above to the public interest includes (without prejudice to the generality of the public interest) reference to the interests of public safety. (4) The court must (without prejudice to any other right of the parties to be heard) give the prosecutor and the accused person an opportunity to make submissions in relation to a question of bail. (5) The attitude of the prosecutor towards a question of bail (including as to bail conditions) does not restrict the court's exercise of its discretion in determining the question in accordance with subsection (1) above. (6) For the purpose of so determining a question of bail (including as to bail conditions), the court may request the prosecutor or the accused person's solicitor or counsel to provide it with information relevant to the question. (7) However, whether that party gives the court opinion as to any risk of something occurring (or any likelihood of something not occurring) is a matter for that party to decide. (23C) (1) In any proceedings in which a person is accused of an offence, the following are grounds on which it may be determined that there is good reason for refusing bail— (a) any substantial risk that the person might if granted bail— (i) abscond; or (ii) fail to appear at a diet of the court as required; (b) any substantial risk of the person committing further offences if granted bail; (c) any substantial risk that the person might if granted bail— (i) interfere with witnesses; or (ii) otherwise obstruct the course of justice, in relation to himself or any other person; (d) any other substantial factor which appears to the court to justify keeping the person in custody. (2) In assessing the grounds specified in subsection (1) above, the court must have regard to all material considerations including (in so far as relevant in the circumstances of the case) the following examples— (a) the— (i) nature (including level of seriousness) of the offences before the court; (ii) probable disposal of the case if the person were convicted of the offences; (b) whether the person was subject to a bail order when the offences are alleged to have been committed; (c) whether the offences before the court are alleged to have been committed— (i) while the person was subject to another court order; (ii) while the person was on release on licence or parole; (iii) during a period for which sentence of the person was deferred; (d) the character and antecedents of the person, in particular— (i) the nature of any previous convictions of the person (including convictions outwith Scotland); (ii) whether the person has previously contravened a bail order or other court order (by committing an offence or otherwise); (iii) whether the person has previously breached the terms of any release on licence or parole (by committing an offence or otherwise); (iv) whether the person is serving or recently has served a sentence of imprisonment in connection with a matter referred to in sub-paragraphs (i) to (iii) above; (e) the associations and community ties of the person. (23D) (1) Where subsection (2) or (3) below applies, a person is to be granted bail in solemn proceedings only if there are exceptional circumstances justifying bail. (2) This subsection applies where the person— (a) is accused in the proceedings of a violent or sexual offence; and (b) has a previous conviction on indictment for a violent or sexual offence. (3) This subsection applies where the person— (a) is accused in the proceedings of a drug trafficking offence; and (b) has a previous conviction on indictment for a drug trafficking offence. (4) For the purposes of this section— - “drug trafficking offence” has the meaning given by section 49(5) of the Proceeds of Crime (Scotland) Act 1995 (c. 43); - “sexual offence” has the meaning given by section 210A(10) and (11) of this Act; - “violent offence” means any offence (other than a sexual offence) inferring personal violence. (5) Any reference in this section to a conviction on indictment for a violent or sexual offence or a drug trafficking offence includes— (a) a conviction on indictment in England and Wales or Northern Ireland for an equivalent offence; (b) a conviction in a member State of the European Union (other than the United Kingdom) which is equivalent to conviction on indictment for an equivalent offence. (6) Any issue of equivalence arising in pursuance of subsection (5) above is for the court to determine. (7) This section is without prejudice to section 23C of this Act.

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Bail and bail conditions

2

• (1) In section 24 (bail and bail conditions) of the 1995 Act—

• (a) after subsection (2) there is inserted—

(2A) Whenever the court grants or refuses bail, it shall state its reasons. (2B) Where the court— (a) grants bail to a person accused of a sexual offence (having the meaning given by section 210A(10) and (11) of this Act); and (b) does so without imposing on the accused further conditions under subsection (4)(b)(i) below, the court shall also state why it considers in the circumstances of the case that such conditions are unnecessary.

,

• (b) in subsection (4), in paragraph (b)(ii), after the word “parade” there is inserted “ or other identification procedure ”,

• (c) in subsection (5), after paragraph (c) there is inserted—

(ca) does not behave in a manner which causes, or is likely to cause, alarm or distress to witnesses;

.

• (2) In section 25 (bail conditions: supplementary) of that Act—

• (a) before subsection (1) there is inserted—

(A1) When granting bail, the court shall (if the accused is present) explain to the accused in ordinary language— (a) the effect of the conditions imposed; (b) the effect of the requirement under subsection (2B) below; and (c) the consequences which may follow a breach of any of those conditions or that requirement. (B1) The accused shall (whether or not the accused is present when bail is granted) be given a written explanation in ordinary language of the matters mentioned in paragraphs (a) to (c) of subsection (A1) above. (C1) Such a written explanation may be contained in the copy of the bail order given to the accused or in another document.

,

• (b) in subsection (1), after paragraph (a) there is inserted—

(aa) that breach of a condition imposed is an offence and renders the accused liable to arrest, prosecution and punishment under this Act;

,

• (c) after subsection (2A) there is inserted—

(2B) Where the domicile of citation specified in an order granting bail ceases to be the accused's normal place of residence, the accused must make an application under subsection (2) above within 7 days of that happening. (2C) A person who without reasonable excuse contravenes subsection (2B) above is guilty of an offence and is liable— (a) on conviction in the JP court, to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 60 days or to both; (b) in any other case, to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 12 months or to both.

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Breach of bail conditions

3

• (1) In section 27 (breach of bail conditions: offences) of the 1995 Act—

• (a) in subsection (2), in paragraph (b)(ii), for the word “3” there is substituted “ 12 ”,

• (b) after subsection (4A) there is inserted—

(4B) In any proceedings in relation to an offence under subsection (1) above or subsection (7) below , the fact that (as the case may be) an accused— (a) was on bail; (b) was subject to any particular condition of bail; (c) failed to appear at a diet; or (d) was given due notice of a diet, shall, unless challenged in the manner described in paragraph (a) or (b) of subsection (4A) above, be held as admitted.

,

• (c) after subsection (6) there is inserted—

(6A) Where, despite the requirement to have regard to the matters specified in paragraphs (a) to (c) of subsection (3) above, the sentence or disposal in respect of the subsequent offence is not different from that which the court would have imposed but for that subsection, the court shall state (as appropriate, by reference to those matters) the reasons for there being no difference.

,

• (d) in subsection (7)(b), for the word “2” there is substituted “ 5 ”,

• (e) in subsection (9), for the words “The penalties provided for in subsection (2) above may” there is substituted “ A penalty under subsection (2) or (7) above shall ”,

• (f) after subsection (9) there is inserted—

(9A) The reference in subsection (9) above to a penalty being imposed in addition to another penalty means, in the case of sentences of imprisonment or detention— (a) where the sentences are imposed at the same time (whether or not in relation to the same complaint or indictment), framing the sentences so that they have effect consecutively; (b) where the sentences are imposed at different times, framing the sentence imposed later so that (if the earlier sentence has not been served) the later sentence has effect consecutive to the earlier sentence. (9B) Subsection (9A)(b) above is subject to section 204A of this Act.

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• (2) In section 28 (breach of bail conditions: arrest of offender etc.) of that Act—

• (a) after subsection (1) there is inserted—

(1A) Where an accused who has been released on bail is arrested by a constable (otherwise than under subsection (1) above), the accused may be detained in custody under this subsection if the constable has reasonable grounds for suspecting that the accused has breached, or is likely to breach, any condition imposed on his bail. (1B) Subsection (1A) above— (a) is without prejudice to any other power to detain the accused; (b) applies even if release of the accused would be required but for that subsection.

,

• (b) in subsection (2), for the words “this section” there is substituted “ subsection (1) above, or is detained under subsection (1A) above, ”.

Appointment of Inspector

4

• (1) In section 30 (bail review) of the 1995 Act—

• (a) after subsection (1) there is inserted—

(1A) This section also applies where a person who has accepted the conditions imposed on his bail wants to have any of them removed or varied.

,

• (b) in subsection (2), for the words from “above” to the end there is substituted

or (1A) above, have power to review (in favour of the person) its decision as to bail, or its decision as to the conditions imposed, if— (a) the circumstances of the person have changed materially; or (b) the person puts before the court material information which was not available to it when its decision was made.

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• (2) In section 32 (bail appeal) of that Act, after subsection (3) there is inserted—

(3A) A notice of appeal under this section is to be lodged with the clerk of the court from which the appeal is to be taken. (3B) When an appeal is made under this section, that clerk shall without delay— (a) send a copy of the notice of appeal to the judge whose decision is the subject of the appeal; and (b) request the judge to provide a report of the reasons for that decision. (3C) The judge shall, as soon as is reasonably practicable, provide that clerk with the judge's report of those reasons. (3D) The clerk of court (where not the Clerk of Justiciary) shall send the notice of appeal without delay to the Clerk of Justiciary. (3E) That clerk (where not the Clerk of Justiciary) shall, before the end of the day after the day of receipt of the notice of appeal, send the judge's report (if provided by then) to the Clerk of Justiciary. (3F) The Clerk of Justiciary shall, upon receipt of the notice of appeal, without delay fix a diet for the hearing of the appeal. (3G) The Clerk of Justiciary shall send a copy of the judge's report to— (a) the accused or his solicitor; and (b) the Crown Agent. (3H) Where the judge's report is not sent as mentioned in subsection (3E) above— (a) the High Court may call for the report to be submitted to it within such period as it may specify; or (b) if it thinks fit, hear and determine the appeal without the report. (3I) Subject to subsection (3G) above, the judge's report shall be available only to the High Court, the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of person as may be so prescribed.

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Attitude of prosecutor after conviction

5

After section 32 of the 1995 Act there is inserted—

(32A) (1) Where— (a) a person has been convicted in any proceedings of an offence; and (b) a question of bail (including as to bail conditions) subsequently arises in the proceedings (whether before sentencing or pending appeal or otherwise), the prosecutor and the convicted person must be given an opportunity to make submissions in relation to the question. (2) But the attitude of the prosecutor towards the question does not restrict the court's exercise of its discretion in determining the question in accordance with the rules applying in the case. (3) Despite subsection (1) above, the prosecutor need not be given an opportunity to make submissions in relation to a question of bail arising under section 245J of this Act. (4) This section is without prejudice to any other right of the parties to be heard.

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Time for dealing with applications

6

• (1) In section 22A (consideration of bail on first appearance) of the 1995 Act—

• (a) in subsection (1), the words “and within the period specified in subsection (2) below” are repealed,

• (b) for subsection (2) there is substituted—

(2) Admittance to or refusal of bail shall be determined before the end of the day (not being a Saturday or Sunday, or a court holiday prescribed for the court which is to determine the question of bail, unless that court is sitting on that day for the disposal of criminal business) after the day on which the person accused or charged is brought before the sheriff or judge.

,

• (c) in subsection (3), for the words “the end of that period” there is substituted “ that time ”.

• (2) In section 23 (bail applications) of that Act, in subsection (7), for the words “within 24 hours after” there is substituted “ before the end of the day (not being a Saturday or Sunday, or a court holiday prescribed for the court which is to determine the question of bail, unless that court is sitting on that day for the disposal of criminal business) after the day of ”.

• (3) In section 177 (procedure where applicant in custody) of that Act, in subsection (2), for the words “within 24 hours after such application has been” there is substituted “ before the end of the day (not being a Saturday or Sunday, or a court holiday prescribed for the court which is to determine the question of bail, unless that court is sitting on that day for the disposal of criminal business) after the day on which the application is ”.

• (4) In section 200 (remand for enquiry into physical or mental condition) of that Act—

• (a) in subsection (9)—

• (i) after the word “appeal” in the first and second places where it occurs there is inserted “ to the High Court by note of appeal ”,

• (ii) the words “by note of appeal presented to the High Court” are repealed,

• (b) after that subsection there is added—

(9A) A note of appeal under subsection (9) above is to be— (a) lodged with the clerk of the court from which the appeal is to be taken; and (b) sent without delay by that clerk (where not the Clerk of Justiciary) to the Clerk of Justiciary.

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• (5) In section 201 (power of court to adjourn case before sentence) of that Act—

• (a) in subsection (4)—

• (i) after the word “appeal” in the first place where it occurs there is inserted “ to the High Court ”,

• (ii) the words “presented to the High Court” are repealed,

• (b) after that subsection there is added—

(5) A note of appeal under subsection (4) above is to be— (a) lodged with the clerk of the court from which the appeal is to be taken; and (b) sent without delay by that clerk (where not the Clerk of Justiciary) to the Clerk of Justiciary.

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• (6) In section 245J (breach of certain orders: adjourning hearing and remanding in custody etc.) of that Act—

• (a) in subsection (5), for the words “by note of appeal presented to the High Court, who” there is substituted “ to the High Court by note of appeal, and the High Court ”,

• (b) after that subsection there is added—

(6) A note of appeal under subsection (5) above is to be— (a) lodged with the clerk of the court from which the appeal is to be taken; and (b) sent without delay by that clerk (where not the Clerk of Justiciary) to the Clerk of Justiciary.

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Part 2 — Proceedings

Police functions

Liberation on undertaking

7

• (1) In section 21 (Schedule 1 offences: power of constable to take offender into custody) of the 1995 Act, subsections (2) to (5) are repealed.

• (2) In section 22 (liberation by police) of that Act—

• (a) in subsection (1)—

• (i) the words “arrested and” are repealed,

• (ii) after the word “summarily,” there is inserted “ the officer who charged the person or (if different) ”,

• (iii) for the words “terms of which the person undertakes to appear at a specified court at a specified time” there is substituted “ the terms mentioned in subsection (1C) below ”,

• (b) after subsection (1) there is inserted—

(1A) Where a person has been arrested under section 21 of this Act, the arresting officer or (if different) the officer in charge of a police station may— (a) liberate the person upon a written undertaking, signed by him and certified by the officer, in the terms mentioned in subsection (1C) below; (b) liberate him without any such undertaking; or (c) refuse to liberate him. (1B) Where a person has been apprehended under a summary warrant as mentioned in section 135(3) of this Act, the apprehending officer or (if different) the officer in charge of a police station may— (a) liberate the person upon a written undertaking, signed by him and certified by the officer, in the terms mentioned in subsection (1C) below; or (b) refuse to liberate him. (1C) For the purposes of subsections (1) to (1B) above, the terms are that the person undertakes (subject to any modification made to those terms under subsection (1F)(b) below)— (a) to appear at a specified court on a specified day at a specified time; and (b) in addition, to comply with any conditions imposed under subsection (1D) below. (1D) The conditions which may be imposed under this subsection are— (a) conditions in the same terms as the standard conditions mentioned in section 24(5)(b), (c) and (ca) of this Act (but as if any reference there to bail were reference to the undertaking); (b) such further conditions as the officer who is certifying the undertaking considers are necessary to secure that the conditions referred to in paragraph (a) above are observed. (1E) For the imposition of conditions under subsection (1D)(b) above, the authority of an officer of a rank no lower than inspector is required. (1F) The procurator fiscal may by notice effected in the same manner as citation under section 141 of this Act— (a) rescind an undertaking given under subsection (1) or (1A) above (whether or not the person is to be prosecuted in connection with the matters to which the undertaking relates); (b) in relation to an undertaking given under this section— (i) revise the court, day or time specified under subsection (1C)(a) above; (ii) revoke or relax any conditions imposed under subsection (1D) above. (1G) An undertaking given under this section— (a) if rescinded under subsection (1F)(a) above, expires at the end of the day on which the notice is sent; (b) otherwise— (i) subject to sub-paragraph (ii) below, expires at the end of the day on which the person who gave the undertaking is required to appear at court in accordance with the undertaking; (ii) if that person breaches the undertaking by reason of failing to appear at court, and a warrant is granted in relation to the breach, expires, so far as relating to conditions, at the end of the day on which the person is brought before the court in pursuance of the warrant. (1H) For the purpose of any proceedings in relation to an offence under this section, an undertaking whose terms are modified under subsection (1F)(b) above shall be regarded as if given in the terms as so modified.

,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in subsection (3)—

• (i) for the words “the officer in charge” there is substituted “ an officer ”,

• (ii) for the words “subsection (1)(c) above” there is substituted “ this section ”,

• (iii) for the word “tried” there is substituted “ heard ”,

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 135 (warrants of apprehension and search) of that Act, in subsection (3), after the word “practicable” there is inserted “ (if not liberated under section 22(1B)(a) of this Act) ”.

Summary procedure

Manner of citation

8

In section 141 (manner of citation) of the 1995 Act—

• (a) for subsection (1) there is substituted—

(1) The citation of the accused or a witness in a summary prosecution to any ordinary sitting of the court or to any special diet fixed by the court or to any adjourned sitting or diet shall be effected by an officer of law or other person— (a) delivering the citation to him personally; or (b) leaving it for him— (i) at his dwelling-house or place of business with a resident or (as the case may be) employee there; or (ii) where he has no known dwelling-house or place of business, at any other place in which he may be resident at the time.

,

• (b) in subsection (3)(a), after the word “service” there is inserted “ or by ordinary post ”,

• (c) after subsection (3) there is inserted—

(3A) Subject to subsection (4) below and without prejudice to the effect of any other manner of citation, the citation of the accused or a witness to a sitting or diet or adjourned sitting or diet as mentioned in subsection (1) above shall also be effective if an electronic citation is sent— (a) by or on behalf of the prosecutor; and (b) by means of electronic communication, to the home or business email address of the person.

,

• (d) in subsection (5), after the word “communication” there is inserted “ (including a legible version of an electronic communication) ”,

• (e) after subsection (5) there is inserted—

(5ZA) The production in court of a legible version of an electronic communication which— (a) bears to have come from an accused's email address; and (b) is in such terms as to infer that the contents of an electronic citation sent as mentioned in subsection (3A) above came to the accused's knowledge, shall (even if not purporting to be written by or on behalf of the accused) be admissible as evidence of those facts for the purposes of subsection (4) above.

,

• (f) in subsection (5A), for the words from “if” in the first place where it occurs to the end there is substituted

if— (a) it is sent by or on behalf of the accused's solicitor by ordinary post— (i) to the dwelling-house or place of business of the witness; or (ii) if he has no known dwelling-house or place of business, to any other place in which he may be resident at the time; or (b) an electronic citation is sent by or on behalf of the accused's solicitor by means of electronic communication to the home or business email address of the witness.

,

• (g) after subsection (5A) there is inserted—

(5B) Where a witness fails to appear at a diet or sitting or adjourned diet or sitting to which he has been cited in the manner provided by this section, subsection (2) of section 156 of this Act shall not apply unless it is proved to the court that he received the citation or that its contents came to his knowledge.

,

• (h) after subsection (6) there is inserted—

(6A) When the citation of any person is effected by electronic citation under subsection (3A) above, the induciae shall be reckoned from the end of the day on which the citation was sent.

,

• (i) after subsection (7) there is added—

(7A) It shall be sufficient evidence that citation has been effected electronically under subsection (3A) or (5A)(b) above if there is produced in court a legible version of an electronic communication which— (a) is signed by electronic signature by the person who signed the citation; (b) includes the citation; and (c) bears to have been sent to the home or business email address of the person being cited. (7B) In this section, an “electronic citation” is a citation in electronic form which— (a) is capable of being kept in legible form; and (b) is signed by electronic signature— (i) in the case of citation of the accused, by the prosecutor; (ii) in the case of citation of a witness, by or on behalf of the prosecutor or the accused's solicitor.

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Procedure at first calling

9

• (1) In section 144 (procedure at first diet) of the 1995 Act—

• (a) in paragraph (a) of subsection (2), the words from “and” to the end are repealed,

• (b) after subsection (3) there is inserted—

(3ZA) Where the prosecutor is not satisfied, in relation to a written intimation of a plea— (a) that the intimation of the plea has been made or authorised by the accused; or (b) that the terms of the plea are clear, the court may continue the case to another diet. (3ZB) The clerk of court may perform the functions of the court under— (a) subsections (2) and (3) above in relation to a plea of not guilty; (b) subsection (3ZA) above, without the court being properly constituted.

.

• (2) In section 145A (adjournment at first calling to allow accused to appear etc.) of that Act, after subsection (3) there is added—

(4) The clerk of court may perform the functions of the court under subsection (1) above without the court being properly constituted.

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Intimation of diets etc.

10

In section 146 (plea of not guilty) of the 1995 Act, after subsection (3) there is inserted—

(3ZA) Where a case is adjourned under subsection (3) above, the court shall intimate to the accused the trial diet assigned and any intermediate diet fixed. (3ZB) When intimating a diet under subsection (3ZA) above, the court shall inform the accused that, if he fails to appear at any diet in the proceedings in respect of the case, the court might hear and dispose of the case in his absence.

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Pre-trial time limits

11

In section 147 (prevention of delay in trials) of the 1995 Act, for subsection (2) there is substituted—

(2) On an application made for the purpose, the sheriff may, on cause shown— (a) extend the period mentioned in subsection (1) above; and (b) order the accused to be detained awaiting trial, for such period as the sheriff thinks fit. (2A) Before determining an application under subsection (2) above, the sheriff shall give the parties an opportunity to be heard. (2B) However, where all the parties join in the application, the sheriff may determine the application without hearing the parties and, accordingly, may dispense with any hearing previously appointed for the purpose of considering the application.

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Disclosure of convictions

12

• (1) In section 166 (previous convictions: summary proceedings) of the 1995 Act, in subsection (8)—

• (a) sub-paragraph (i) of paragraph (b), and

• (b) the word “or” immediately following that sub-paragraph,

are repealed.

• (2) After that section there is inserted—

(166A) Where a person is convicted of an offence on summary complaint, the court may, in deciding on the disposal of the case, have regard to any convictions which— (a) were imposed on the person between the date of the offence and the date of conviction in respect of the offence; (b) are specified in a notice laid before the court by the prosecutor; and (c) are— (i) admitted by the person; or (ii) proved by the prosecutor on evidence adduced then or at another diet. (166B) (1) Nothing in section 166 of this Act prevents— (a) the prosecutor leading evidence of previous convictions where it is competent to do so as evidence in support of a substantive charge; (b) the prosecutor proceeding with a charge— (i) which discloses a previous conviction; or (ii) in support of which evidence of a previous conviction may competently be led, on a complaint which includes a charge in relation to which the conviction is irrelevant; or (c) the court trying a charge— (i) which discloses a previous conviction; or (ii) in support of which evidence of a previous conviction may competently be led, together with a charge on another complaint in relation to which the conviction is irrelevant. (2) But subsections (1)(b) and (c) above apply only if the charges are of offences which— (a) relate to the same occasion; or (b) are of a similar character and amount to (or form part of) a course of conduct. (3) The reference in subsection (1)(c) above to trying a charge together with a charge on another complaint means doing so under section 152A of this Act.

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Complaints triable together

13

After section 152 of the 1995 Act there is inserted—

(152A) (1) Where— (a) two or more complaints against an accused call for trial in the same court on the same day; and (b) they each contain one or more charges to which the accused pleads not guilty, the prosecutor may apply to the court for those charges to be tried together at that diet despite the fact that they are not all contained in the one complaint. (2) On an application under subsection (1) above, the court is to try those charges together if it appears to the court that it is expedient to do so. (3) For the purposes of subsections (1) and (2) above, any other charges contained in the complaints are (without prejudice to further proceedings as respects those other charges) to be disregarded. (4) Where charges are tried together under this section, they are to be treated (including, in particular, for the purposes of and in connection with the leading of evidence, proof and verdict) as if they were contained in one complaint. (5) But the complaints mentioned in subsection (1)(a) above are, for the purposes of further proceedings (including as to sentence), to be treated as separate complaints.

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Proceedings in absence of accused

14

• (1) In section 141 (manner of citation) of the 1995 Act, in subsection (4), for the words “subsections (3) and (5) to (7) of section 150” there is substituted “ sections 143(7), 150(3) and 150A(1) ”.

• (2) In section 145A (adjournment at first calling to allow accused to appear etc.) of that Act, in subsection (1), for the words “150(1) to (7)” there is substituted “ 150 ”.

• (3) In section 150 (failure of accused to appear) of that Act—

• (a) after subsection (3B) there is inserted—

(3C) An order under subsection (3B) above— (a) for the purpose of having a trial in absence of the accused under section 150A of this Act, may be made on the motion of the prosecutor; (b) for any other purpose, may be made on the motion of the prosecutor or of the court's own accord.

,

• (b) subsections (5) to (7) are repealed.

• (4) After section 150 of that Act there is inserted—

(150A) (1) Where the accused does not appear at a diet (apart from a diet fixed for the first calling of the case), the court— (a) on the motion of the prosecutor or, in relation to sentencing, of its own accord; and (b) if satisfied as to the matters specified in subsection (2) below, may proceed to hear and dispose of the case in the absence of the accused in like manner as if the accused were present. (2) The matters referred in subsection (1)(b) above are— (a) that citation of the accused has been effected or the accused has received other intimation of the diet; and (b) that it is in the interests of justice to proceed as mentioned in subsection (1) above. (3) In subsection (1) above, the reference to proceeding to hear and dispose of the case includes, in relation to a trial diet, proceeding with the trial. (4) Where the court is considering whether to proceed in pursuance of subsection (1) above, it shall— (a) if satisfied that there is a solicitor with authority to act— (i) for the purposes of representing the accused's interests at the hearing on whether to proceed that way; and (ii) if it proceeds that way, for the purposes of representing the accused's further interests at the diet (including, in relation to a trial diet, presenting a defence at the trial), allow that solicitor to act for those purposes; or (b) if there is no such solicitor, at its own hand appoint a solicitor to act for those purposes if it considers that it is in the interests of justice to do so. (5) It is the duty of a solicitor appointed under subsection (4)(b) above to act in the best interests of the accused. (6) In all other respects, a solicitor so appointed has, and may be made subject to, the same obligations and has, and may be given, the same authority as if engaged by the accused; and any employment of and instructions given to counsel by the solicitor shall proceed and be treated accordingly. (7) Where the court is satisfied that— (a) a solicitor allowed to act under subsection (4)(a) above no longer has authority to act; or (b) a solicitor appointed under subsection (4)(b) above is no longer able to act in the best interests of the accused, the court may relieve that solicitor and appoint another solicitor for the purposes referred to in subsection (4) above. (8) Subsections (4)(b) and (7) above do not apply in the case of proceedings— (a) in respect of a sexual offence to which section 288C of this Act applies; (b) in respect of which section 288E of this Act applies; or (c) in which an order has been made under section 288F(2) of this Act. (9) Reference in this section to a solicitor appointed under subsection (4)(b) above includes reference to a solicitor appointed under subsection (7) above. (10) Where the court proceeds in pursuance of subsection (1) above, it shall not in the absence of the accused pronounce a sentence of imprisonment or detention. (11) Nothing in this section prevents— (a) a warrant being granted at any stage of proceedings for the apprehension of the accused; (b) a case subsequently being adjourned (in particular, with a view to having the accused present at any proceedings).

.

• (5) In section 153 (trial in presence of accused) of that Act, in subsection (1), for the words “Without prejudice to section 150 of this Act, and subject to” there is substituted “ Subject to section 150A of this Act and ”.

Failure of accused to appear

15

In section 150 (failure of accused to appear) of the 1995 Act—

• (a) in subsection (8), in paragraph (b)(ii), for the word “3” there is substituted “ 12 ”,

• (b) in subsection (9), for the words “The penalties provided for in subsection (8) above may” there is substituted “ A penalty under subsection (8) above shall ”,

• (c) after subsection (9) there is inserted—

(9A) The reference in subsection (9) above to a penalty being imposed in addition to another penalty means, in the case of sentences of imprisonment or detention— (a) where the sentences are imposed at the same time (whether or not in relation to the same complaint), framing the sentences so that they have effect consecutively; (b) where the sentences are imposed at different times, framing the sentence imposed later so that (if the earlier sentence has not been served) the later sentence has effect consecutive to the earlier sentence. (9B) Subsection (9A)(b) above is subject to section 204A of this Act. (9C) In any proceedings in relation to an offence under subsection (8) above, the fact that (as the case may be) an accused— (a) failed to appear at a diet; or (b) was given due notice of a diet, shall, unless challenged by preliminary objection before his plea is recorded, be held as admitted.

.

Obstructive witnesses

16

For section 156 (apprehension of witness) of the 1995 Act there is substituted—

(156) (1) In any summary proceedings, the court may, on the application of any of the parties, issue a warrant for the apprehension of a witness if subsection (2) or (3) below applies in relation to the witness. (2) This subsection applies if the witness, having been duly cited to any diet in the proceedings, deliberately and obstructively fails to appear at the diet. (3) This subsection applies if the court is satisfied by evidence on oath that the witness is being deliberately obstructive and is not likely to attend to give evidence at any diet in the proceedings without being compelled to do so. (4) For the purposes of subsection (2) above, a witness who, having been duly cited to any diet, fails to appear at the diet is to be presumed, in the absence of any evidence to the contrary, to have so failed deliberately and obstructively. (5) An application under subsection (1) above— (a) may be made orally or in writing; (b) if made in writing— (i) shall be in such form as may be prescribed by Act of Adjournal, or as nearly as may be in such form; and (ii) may be disposed of in court or in chambers after such enquiry or hearing (if any) as the court considers appropriate. (6) A warrant issued under this section shall be in such form as may be prescribed by Act of Adjournal or as nearly as may be in such form. (7) A warrant issued under this section in the form mentioned in subsection (6) above shall imply warrant to officers of law— (a) to search for and apprehend the witness in respect of whom it is issued; (b) to bring the witness before the court; (c) in the meantime, to detain the witness in a police station, police cell or other convenient place; and (d) so far as necessary for the execution of the warrant, to break open shut and lockfast places. (8) It shall not be competent in summary proceedings for a court to issue a warrant for the apprehension of a witness otherwise than in accordance with this section. (9) Section 135(3) of this Act makes provision as to bringing before the court a person apprehended under a warrant issued under this section. (10) In this section and section 156A, “the court” means the court in which the witness is to give evidence. (156A) (1) Where a witness is brought before the court in pursuance of a warrant issued under section 156 of this Act, the court shall, after giving the parties and the witness an opportunity to be heard, make an order— (a) detaining the witness until the conclusion of the diet at which the witness is to give evidence; (b) releasing the witness on bail; or (c) liberating the witness. (2) The court may make an order under subsection (1)(a) or (b) above only if it is satisfied that— (a) the order is necessary with a view to securing that the witness appears at the diet at which the witness is to give evidence; and (b) it is appropriate in all the circumstances to make the order. (3) Whenever the court makes an order under subsection (1) above, it shall state the reasons for the terms of the order. (4) Subsection (1) above is without prejudice to any power of the court to— (a) make a finding of contempt of court in respect of any failure of a witness to appear at a diet to which he has been duly cited; and (b) dispose of the case accordingly. (5) Where— (a) an order under subsection (1)(a) above has been made in respect of a witness; and (b) at, but before the conclusion of, the diet at which the witness is to give evidence, the court in which the diet is being held excuses the witness, that court, on excusing the witness, may recall the order under subsection (1)(a) above and liberate the witness. (6) On making an order under subsection (1)(b) above in respect of a witness, the court shall impose such conditions as it considers necessary with a view to securing that the witness appears at the diet at which he is to give evidence. (7) However, the court may not impose as such a condition a requirement that the witness or a cautioner on his behalf deposit a sum of money in court. (8) Section 25 of this Act shall apply in relation to an order under subsection (1)(b) above as it applies to an order granting bail, but with the following modifications— (a) references to the accused shall be read as if they were references to the witness in respect of whom the order under subsection (1)(b) above is made; (b) references to the order granting bail shall be read as if they were references to the order under subsection (1)(b) above; (c) subsection (3) shall be read as if for the words from “relating” to “offence” in the third place where it occurs there were substituted “ at which the witness is to give evidence ”. (156B) (1) A witness who, having been released on bail by virtue of an order under subsection (1)(b) of section 156A of this Act, fails without reasonable excuse— (a) to appear at any diet to which he has been cited; or (b) to comply with any condition imposed under subsection (6) of that section, shall be guilty of an offence and liable on summary conviction to the penalties specified in subsection (2) below. (2) Those penalties are— (a) a fine not exceeding level 3 on the standard scale; and (b) imprisonment for a period— (i) where conviction is in the JP court, not exceeding 60 days; (ii) where conviction is in the sheriff court, not exceeding 12 months. (3) In any proceedings in relation to an offence under subsection (1) above, the fact that (as the case may be) a person— (a) was on bail; (b) was subject to any particular condition of bail; (c) failed to appear at a diet; (d) was cited to a diet, shall, unless challenged by preliminary objection before his plea is recorded, be held as admitted. (4) Section 28 of this Act shall apply in respect of a witness who has been released on bail by virtue of an order under section 156A(1)(b) of this Act as it applies to an accused released on bail, but with the following modifications— (a) references to an accused shall be read as if they were references to the witness; (b) in subsection (2), the reference to the court to which the accused's application for bail was first made shall be read as if it were a reference to the court which made the order under section 156A(1)(b) of this Act in respect of the witness; (c) in subsection (4)— (i) references to the order granting bail and original order granting bail shall be read as if they were references to the order under section 156A(1)(b) of this Act and the original such order respectively; (ii) paragraph (a) shall be read as if at the end there were inserted “ and make an order under section 156A(1)(a) or (c) of this Act in respect of the witness ”; (iii) paragraph (c) shall be read as if for the words from “complies” to the end there were substituted “ appears at the diet at which the witness is to give evidence ”. (156C) (1) Where a court has made an order under subsection (1)(a) of section 156A of this Act, the court may, on the application of the witness in respect of whom the order was made and after giving the parties and the witness an opportunity to be heard— (a) recall the order; and (b) make an order under subsection (1)(b) or (c) of that section in respect of the witness. (2) Where a court has made an order under subsection (1)(b) of section 156A of this Act, the court may, after giving the parties and the witness an opportunity to be heard— (a) on the application of the witness in respect of whom the order was made— (i) review the conditions imposed under subsection (6) of that section at the time the order was made; and (ii) make a new order under subsection (1)(b) of that section and impose different conditions under subsection (6) of that section; (b) on the application of the party who made the application under section 156(1) of this Act in respect of the witness, review the order and the conditions imposed under subsection (6) of section 156A of this Act at the time the order was made, and— (i) recall the order and make an order under subsection (1)(a) of that section in respect of the witness; or (ii) make a new order under subsection (1)(b) of that section and impose different conditions under subsection (6) of that section. (3) The court may not review an order by virtue of subsection (1) or (2) above unless— (a) in the case of an application by the witness, the circumstances of the witness have changed materially; or (b) in that or any other case, the witness or party making the application puts before the court material information which was not available to it when it made the order which is the subject of the application. (4) An application under this section by a witness— (a) where it relates to the first order made under section 156A(1)(a) or (b) of this Act in respect of the witness, shall not be made before the fifth day after that order is made; (b) where it relates to any subsequent such order, shall not be made before the fifteenth day after the order is made. (5) On receipt of an application under subsection (2)(b) above the court shall— (a) intimate the application to the witness in respect of whom the order which is the subject of the application was made; (b) fix a diet for hearing the application and cite the witness to attend the diet; and (c) where it considers that the interests of justice so require, grant warrant to arrest the witness. (6) Nothing in this section shall affect any right of a person to appeal against an order under section 156A(1). (156D) (1) Any of the parties specified in subsection (2) below may appeal to the High Court against— (a) any order made under subsection (1)(a) or (c) of section 156A of this Act; (b) where an order is made under subsection (1)(b) of that section— (i) the order; (ii) any of the conditions imposed under subsection (6) of that section on the making of the order; or (iii) both the order and any such conditions. (2) The parties referred to in subsection (1) above are— (a) the witness in respect of whom the order which is the subject of the appeal was made; (b) the prosecutor; and (c) the accused. (3) A party making an appeal under subsection (1) above shall intimate it to the other parties specified in subsection (2) above; and, for that purpose, intimation to the Crown Agent shall be sufficient intimation to the prosecutor. (4) An appeal under this section shall be disposed of by the High Court or any Lord Commissioner of Justiciary in court or in chambers after such enquiry and hearing of the parties as shall seem just. (5) Where the witness in respect of whom the order which is the subject of an appeal under this section was made is under 21 years of age, section 51 of this Act shall apply to the High Court or, as the case may be, the Lord Commissioner of Justiciary when disposing of the appeal as it applies to a court when remanding or committing a person of the witness's age for trial and sentence.

.

Prosecution of companies etc.

17

In section 143 (prosecution of companies, etc.) of the 1995 Act, after subsection (3) there is added—

(4) A partnership, association, body corporate or body of trustees may, for the purpose of— (a) stating objections to the competency or relevancy of the complaint or proceedings; (b) tendering a plea of guilty or not guilty; (c) making a statement in mitigation of sentence, appear by a representative. (5) In subsection (4) above, “representative” means— (a) an individual representative as mentioned in subsection (3) above; or (b) an employee of the partnership, association, body corporate or body of trustees duly appointed by it for the purpose of the proceedings. (6) For the purposes of subsection (5)(b) above, a statement— (a) in the case of a body corporate (other than a limited liability partnership), purporting to be signed by an officer of the body; (b) in the case of a limited liability partnership, purporting to be signed by a member of the partnership; (c) in the case of a partnership (other than a limited liability partnership), purporting to be signed by a partner of the partnership; (d) in the case of an association, purporting to be signed by an officer of the association, to the effect that the person named in the statement has been appointed as the representative for the purposes of any proceedings to which this section applies is sufficient evidence of such appointment. (7) Where at a diet (apart from a diet fixed for the first calling of the case) a partnership, association, body corporate or body of trustees does not appear as mentioned in subsection (4) above, or by counsel or a solicitor, the court may— (a) on the motion of the prosecutor or, in relation to sentencing, of its own accord; and (b) if satisfied as to the matters specified in subsection (8) below, proceed to hear and dispose of the case in the absence of the partnership, association, body corporate or (as the case may be) body of trustees. (8) The matters referred to in subsection (7)(b) above are— (a) that citation has been effected or other intimation of the diet has been received; and (b) that it is in the interests of justice to proceed as mentioned in subsection (7) above. (9) The reference in subsection (7) above to proceeding to hear and dispose of the case includes, in relation to a trial diet, proceeding with the trial.

.

Preparation for summary trial

Intermediate diets

18

In section 148 (intermediate diet) of the 1995 Act—

• (a) after paragraph (b) of subsection (1) there is inserted—

(ba) how many witnesses are required by— (i) the prosecutor; (ii) the accused, to attend the trial;

,

• (b) in paragraph (a) of subsection (2), for the words from the beginning to “so,” there is substituted “ may ”,

• (c) in subsection (3), for the words “Subject to subsection (2) above, the” there is substituted “ The ”,

• (d) for subsection (4) there is substituted—

(4) At an intermediate diet, the court shall make such enquiry of the parties as is reasonably required for the purposes of subsections (1) and (3A) above.

.

Notice of defences

19

For sections 149 (alibi) and 149A (notice of defence plea of consent) of the 1995 Act there is substituted—

(149B) (1) It is not competent for an accused in a summary prosecution to found on a defence to which this subsection applies unless— (a) notice of the defence has been given to the prosecutor in accordance with subsection (5) below; or (b) the court, on cause shown, allows the accused to found on the defence despite the failure so to give notice of it. (2) Subsection (1) above applies— (a) to a special defence; (b) to a defence which may be made out by leading evidence calculated to exculpate the accused by incriminating a co-accused; (c) to a defence of automatism or coercion; (d) in a prosecution for an offence to which section 288C of this Act applies, to a defence of consent. (3) In subsection (2)(d) above, the reference to a defence of consent is a reference to the defence which is stated by reference to the complainer's consent to the act which is the subject matter of the charge or the accused's belief as to that consent. (4) In subsection (3) above, “complainer” has the same meaning as in section 274 of this Act. (5) Notice of a defence is given in accordance with this subsection if it is given— (a) where an intermediate diet is to be held, at or before that diet; or (b) where such a diet is not to be held, no later than 10 clear days before the trial diet, together with the particulars mentioned in subsection (6) below. (6) The particulars are— (a) in relation to a defence of alibi, particulars as to time and place; and (b) in relation to that or any other defence, particulars of the witnesses who may be called to give evidence in support of the defence. (7) Where notice of a defence to which subsection (1) above applies is given to the prosecutor, the prosecutor is entitled to an adjournment of the case. (8) The entitlement to an adjournment under subsection (7) above may be exercised whether or not— (a) the notice was given in accordance with subsection (5) above; (b) the entitlement could have been exercised at an earlier diet.

.

Proof of uncontroversial matters

20

• (1) In section 257 (duty to seek agreement of evidence) of the 1995 Act, after subsection (4) there is added—

(5) Without prejudice to subsection (3) above, in relation to summary proceedings, 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, are identified and taken before any intermediate diet that is to be held.

.

• (2) In section 258 (uncontroversial evidence) of that Act—

• (a) in subsection (2), for the words “14 days” there is substituted “ the relevant period ”,

• (b) after subsection (2) there is inserted—

(2ZA) In subsection (2) above, the “relevant period” means— (a) where the relevant diet for the purpose of that subsection is an intermediate diet in summary proceedings, 7 days; (b) in any other case, 14 days.

,

• (c) in subsection (2A), after paragraph (a) there is inserted—

(aa) in summary proceedings in which an intermediate diet is to be held, that diet;

,

• (d) in subsection (4A), the words “in any solemn proceedings” are repealed,

• (e) in subsection (4B)—

• (i) the word “and” immediately following paragraph (a) is repealed,

• (ii) in paragraph (b), after the word “in” in the first place where it occurs there is inserted “ solemn ”,

• (iii) after paragraph (b) there is added—

(c) in summary proceedings— (i) in which an intermediate diet is to be held, that diet; (ii) in which such a diet is not to be held, the trial diet.

.

• (3) In section 258 of that Act, after subsection (4C) there is added–

(4D) In summary proceedings, the court may allow an application under subsection (4A) above to be made late if the court is satisfied that a timeous application would not have been practicable.

Service of documents through solicitor etc.

21

After section 148B of the 1995 Act there is inserted—

(148C) (1) In summary proceedings, it is the duty of a solicitor who is engaged by the accused for the purposes of his defence at trial to notify the court and the prosecutor of that fact forthwith in writing. (2) The duty under subsection (1) above shall be regarded as having been complied with if the solicitor has represented the accused at the first calling of the case— (a) by submitting a written intimation of the accused's plea as described in subsection (2)(a) of section 144 of this Act; or (b) by appearing on behalf of the accused— (i) as described in subsection (2)(b) of that section; or (ii) with the accused present, and has, when acting as described in paragraph (a) or (b) above, notified the court and the prosecutor orally or in writing that the solicitor is also engaged by the accused for the purposes of his defence at trial. (3) Where a solicitor referred to in subsection (1) above— (a) is dismissed by the accused; or (b) withdraws, it is the duty of the solicitor to notify the court and the prosecutor of that fact forthwith in writing. (148D) (1) In summary proceedings, anything which is to be served on or given, notified or otherwise intimated to, the accused (except service of a complaint) shall be taken to be so served, given, notified or intimated if it is, in such form and manner as may be prescribed by Act of Adjournal, served on or given, notified or intimated to (as the case may be) the solicitor described in subsection (2) below at that solicitor's place of business. (2) That solicitor is any solicitor— (a) who— (i) has given notice under subsection (1) of section 148C of this Act that that solicitor is engaged by the accused for the purposes of the accused's defence at the trial; and (ii) has not given notice under subsection (3) of that section; (b) who has represented the accused as mentioned in subsection (2) of that section; and— (i) has given notice as mentioned in that subsection; and (ii) has not given notice under subsection (3) of that section; or (c) who— (i) has been appointed to act for the purposes of the accused's defence at the trial under section 150A(4)(b) or (7) or 288D of this Act; and (ii) has not been relieved of the appointment by the court.

.

Transfer of summary cases

Transfer of proceedings

22

• (1) In section 137A (transfer of sheriff court summary proceedings within sheriffdom) of the 1995 Act—

• (a) in subsection (1), for the words “an accused person has been cited to attend a diet of the sheriff court” there is substituted “ this subsection applies, ”,

• (b) after subsection (1) there is inserted—

(1A) Subsection (1) above applies— (a) where the accused person has been cited in summary proceedings to attend a diet of the court; or (b) if the accused person has not been cited to such a diet, where summary proceedings against the accused have been commenced in the court.

.

• (2) In section 137B (transfer of sheriff court summary proceedings outwith sheriffdom) of that Act—

• (a) for subsection (1) there is substituted—

(1) Where the sheriff clerk informs the prosecutor that, because of exceptional circumstances which could not reasonably have been foreseen, it is not practicable for the sheriff court or any other sheriff court in the sheriffdom to proceed with some or all of the summary cases due to call at a diet, the prosecutor shall as soon as practicable apply to the sheriff principal for an order for— (a) the transfer of the proceedings to a sheriff court in another sheriffdom; and (b) adjournment to a diet of that court.

,

• (b) after subsection (1) there is inserted—

(1A) Where this subsection applies, the prosecutor may apply to the sheriff for an order for— (a) the transfer of the proceedings to a sheriff court in another sheriffdom; and (b) adjournment to a diet of that court, if there are also summary proceedings against the accused person in that court in the other sheriffdom. (1B) Subsection (1A) above applies— (a) where the accused person has been cited in summary proceedings to attend a diet of the court; or (b) if the accused person has not been cited to such a diet, where summary proceedings against the accused have been commenced in the court. (1C) Where the prosecutor intends to take summary proceedings against an accused person in the sheriff court, the prosecutor may apply to the sheriff for an order for authority for the proceedings to be taken at a sheriff court in another sheriffdom if there are also summary proceedings against the accused person in that court in the other sheriffdom.

,

• (c) after subsection (2) there is inserted—

(2A) On an application under subsection (1A) or (1C) above, the sheriff is to make the order sought if— (a) the sheriff considers that it would be expedient for the different cases involved to be dealt with by the same court; and (b) a sheriff of the other sheriffdom consents.

,

• (d) after subsection (3) there is added—

(4) On the application of the prosecutor, a sheriff who has made an order under subsection (2A) above may, if a sheriff of the other sheriffdom mentioned in paragraph (b) of that subsection consents— (a) revoke; or (b) vary so as to restrict the effect of, that order.

.

• (3) After section 137B of that Act there is inserted—

(137C) (1) Where the prosecutor believes— (a) that, because of exceptional circumstances (and without an order under subsection (3) below), it is likely that there would be an unusually high number of accused persons appearing from custody for the first calling of cases in summary prosecutions in the sheriff courts in the sheriffdom; and (b) that it would not be practicable for those courts to deal with all the cases involved, the prosecutor may apply to the sheriff principal for the order referred to in subsection (2) below. (2) For the purposes of subsection (1) above, the order is for authority for summary proceedings against some or all of the accused persons to be— (a) taken at a sheriff court in another sheriffdom; and (b) maintained— (i) there; or (ii) at any of the sheriff courts referred to in subsection (1) above as may at the first calling of the case be appointed for further proceedings. (3) On an application under subsection (1) above, the sheriff principal may make the order sought with the consent of the sheriff principal of the other sheriffdom. (4) An order under subsection (3) above may be made by reference to a particular period or particular circumstances. (137D) (1) Where an accused person is due to be sentenced at a sheriff court for an offence, the prosecutor may apply to the sheriff for an order for— (a) the transfer to the sheriff court of any case against the accused in respect of which sentencing is pending at any JP court in the sheriffdom; and (b) the case to call at a diet of the sheriff court. (2) On an application under subsection (1) above, the sheriff is to make the order sought if the sheriff considers that it would be expedient for the different cases to be disposed of at the same court at the same time. (3) If, in a case transferred under subsection (1) above, the finding of guilt was before a justice of the peace, the sentencing powers of the sheriff in the case are restricted to those of the justice.

.

Time bar for transferred and related cases

23

After section 136 of the 1995 Act there is inserted—

(136A) (1) This section applies where the prosecutor recommences proceedings by complaint containing both— (a) a charge to which proceedings— (i) transferred to a court by authority of an order made in pursuance of section 137A(1) of this Act; or (ii) transferred to, or taken at, a court by authority of an order made in pursuance of section 137B(1), (1A) or (1C) of this Act, relate; and (b) a charge to which previous proceedings at that court relate. (2) Where this section applies, proceedings for an offence charged in that complaint are, for the purposes of— (a) section 136 of this Act (so far as applying to the offence); (b) any provision of any other enactment for a time limit within which proceedings are to be commenced (so far as applying to the offence); and (c) any rule of law relating to delay in bringing proceedings (so far as applying to the offence), to be regarded as having been commenced when any previous proceedings for the offence were first commenced.

.

Other provisions

Reports about supervised persons

24

In section 203 (reports) of the 1995 Act, after subsection (1) there is inserted—

(1A) However, if there is available to the court a report from a local authority— (a) of the kind described in subsection (1)(b) above; and (b) which was prepared in relation to the person not more than 3 months before the person was convicted of the offence, the court need not obtain another report of that kind before disposing of the case unless it considers, following representations made by or on behalf of the person as to the person's circumstances, that it is appropriate to obtain another report. (1B) Nothing in subsection (1) or (1A) above requires the court to obtain a report if the court is satisfied, having regard to its likely method of dealing with the case before it for disposal, that the report would not be of any material assistance.

.

Summary appeal time limit

25

• (1) In section 180 (leave to appeal against conviction etc.) of the 1995 Act—

• (a) in subsection (3)—

• (i) after the word “below” there is inserted “ (and if that period is extended under subsection (4A) below before the period being extended expires, until the expiry of the period as so extended) ”,

• (ii) for the words “that subsection” there is substituted “ subsection (4) below ”,

• (b) after subsection (4) there is inserted—

(4A) The High Court may, on cause shown, extend the period of 14 days mentioned in subsection (4) above, or that period as extended under this subsection, whether or not the period to be extended has expired (and if that period of 14 days has expired, whether or not it expired before section 25(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) came into force).

.

• (2) In section 186 (appeals against sentence only) of that Act, in subsection (5), for the words from the beginning to “may” there is substituted “ The sheriff principal of the sheriffdom in which the judgment was pronounced may, on cause shown, ”.

• (3) In section 187 (leave to appeal against sentence) of that Act—

• (a) in subsection (2)—

• (i) after the word “below” there is inserted “ (and if that period is extended under subsection (3A) below before the period being extended expires, until the expiry of the period as so extended) ”,

• (ii) for the words “that subsection” there is substituted “ subsection (3) below ”,

• (b) after subsection (3) there is inserted—

(3A) The High Court may, on cause shown, extend the period of 14 days mentioned in subsection (3) above, or that period as extended under this subsection, whether or not the period to be extended has expired (and if that period of 14 days has expired, whether or not it expired before section 25(3) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) came into force).

.

• (4) In section 194 (computation of time) of that Act, in subsection (2), for the words from the beginning to “may” there is substituted “ The sheriff principal of the sheriffdom in which the judgment was pronounced may, on cause shown, ”.

Solemn cases

Pre-trial time limits

26

In section 65(3)(b) (prevention of delay in trials) of the 1995 Act, for the words “the period of” there is substituted “ either or both of the periods of 11 and ”.

Obstructive witnesses

27

• (1) In section 90B of the 1995 Act, after subsection (2) there is inserted—

(2A) Whenever the court makes an order under subsection (1) above, it shall state the reasons for the terms of the order.

.

• (2) In section 90C (breach of bail under section 90B(1)(b)) of that Act, after subsection (2) there is inserted—

(2A) In any proceedings in relation to an offence under subsection (1) above, the fact that (as the case may be) a person— (a) was on bail; (b) was subject to any particular condition of bail; (c) failed to appear at a diet; (d) was cited to a diet, shall, unless challenged by giving notice of a preliminary objection in accordance with section 71(2) or 72(6)(b)(i) of this Act, be held as admitted.

.

• (3) In section 90D (review of orders under section 90B(1)(a) or (b)) of that Act—

• (a) in subsection (1), the words “, on cause shown” are repealed,

• (b) in subsection (2)(a), the words “and on cause shown” are repealed,

• (c) in subsection (3), for the words “(2)(b) above unless the” there is inserted

(1) or (2) above unless— (a) in the case of an application by the witness, the circumstances of the witness have changed materially; or (b) in that or any other any case, the witness or

.

Proceedings against bodies corporate

28

In section 70 (proceedings against bodies corporate) of the 1995 Act, for subsection (8) there is substituted—