Legalize / United Kingdom / Public General Act

Criminal Procedure (Scotland) Act 1995

Type Public General Act

Publication 1995-11-08

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) Any correction under subsections (1) and (2) above by the clerk of the court shall be authenticated by his signature and, if such correction is authorised by a court, shall record the name of the judge or judges authorising such correction and the date of such authorisation.

Amendment of records of conviction and sentence in summary proceedings.

300

(1) Without prejudice to section 299 of this Act, where, on an application in accordance with subsection (2) below, the Sheriff Appeal Court is satisfied that a record of conviction or sentence in summary proceedings inaccurately records the identity of any person, it may authorise the clerk of the court which convicted or, as the case may be, sentenced the person to correct the record.

(2) An application under subsection (1) above shall be made after the determination of the summary prosecution and may be made by any party to the summary proceedings or any other person having an interest in the correction of the alleged inaccuracy.

(3) The Sheriff Appeal Court shall order intimation of an application under subsection (1) above to such persons as it considers appropriate and shall not determine the application without affording to the parties to the summary proceedings and to any other person having an interest in the correction of the alleged inaccuracy an opportunity to be heard.

(4) The power of the High Court under this section may be exercised by a single judge of the High Court in the same manner as it may be exercised by the High Court, and subject to the same provisions.

Excusal of irregularities

Power of court to excuse procedural irregularities

300A

(1) Any court may excuse a procedural irregularity—

(a) of a kind described in subsection (5) below; and

(b) which has occurred in relation to proceedings before that court,

if the conditions mentioned in subsection (4) below are met.

(2) In appeal proceedings, the court hearing the appeal may excuse a procedural irregularity—

(a) of that kind; and

(b) which has occurred in relation to earlier proceedings in the case that is the subject of the appeal,

if those conditions are met.

(3) A court may proceed under subsection (1) or (2) above on the application of the prosecutor or an accused person (having given the other an opportunity to be heard).

(4) The conditions are that—

(a) it appears to the court that the irregularity arose because of—

(i) mistake or oversight; or

(ii) other excusable reason; and

(b) the court is satisfied in the circumstances of the case that it would be in the interests of justice to excuse the irregularity.

(5) A procedural irregularity is an irregularity arising at any stage of proceedings—

(a) from—

(i) failure to call or discharge a diet properly;

(ii) improper adjournment or continuation of a case;

(iii) a diet being fixed for a non-sitting day;

(b) from failure of—

(i) the court; or

(ii) the prosecutor or the accused,

to do something within a particular period or otherwise comply with a time limit;

(d) from failure of the accused to—

(i) intimate properly a preliminary objection;

(ii) intimate properly a plea or defence;

(iii) serve properly a notice or other thing;

(e) from failure of—

(i) the court; or

(ii) the prosecutor or the accused,

to fulfil any other procedural requirement.

(6) Subsection (1) above does not authorise a court to excuse an irregularity arising by reason of the detention in custody of an accused person for a period exceeding that fixed by this Act.

(7) Subsection (1) above does not apply in relation to any requirement as to proof including, in particular, any matter relating to—

(a) admissibility of evidence;

(b) sufficiency of evidence; or

(7A) Subsection (1) does not authorise a court to excuse a failure to do any of the following things timeously—

(a) lodge written intimation of intention to appeal in accordance with section 109(1),

(b) lodge a note of appeal in accordance with section 110(1)(a),

(d) lodge a note of appeal in accordance with section 186(2)(a).

(8) Where a court excuses an irregularity under subsection (1) above, it may make such order as is necessary or expedient for the purpose of—

(a) restoring the proceedings as if the irregularity had never occurred;

(b) facilitating the continuation of the proceedings as if it had never occurred, for example—

(i) altering a diet;

(ii) extending any time limit;

(iii) appointing a diet for further procedure or granting an adjournment or continuation of a diet;

(9) For the purposes of this section—

(a) a reference to an accused person, except the reference in subsection (6) above, includes reference to a person who has been convicted of an offence;

(b) something is done properly if it is done in accordance with a requirement of an enactment or any rule of law.

(10) In subsection (5)(a)(iii) above, a “non-sitting day” is a day on which the court is under this Act not required to sit.

(11) This section is without prejudice to any provision of this Act under which a court may—

(a) alter a diet; or

(b) extend—

(i) a period within which something requires to be done; or

(ii) any other time limit.

(12) This section is without prejudice to any rule of law by virtue of which it may be determined by a court that breach, in relation to criminal proceedings—

(a) of a requirement of an enactment; or

(b) of a rule of law,

does not render the proceedings, or anything done (or purported to have been done) for the purposes of or in connection with proceedings, invalid.

Rights of audience

Rights of audience.

301

(1) Without prejudice to section 103(8) of this Act, any solicitor who has, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, a right of audience in relation to the High Court of Justiciary shall have the same right of audience in that court as is enjoyed by an advocate.

(2) Any person who has complied with the terms of a scheme approved under section 26 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (consideration of applications made under section 25) shall have such rights of audience before the High Court of Justiciary as may be specified in an Act of Adjournal made under subsection (7)(b) of that section.

Recovery of documents

301A

(1) It is competent for the sheriff court to make, in connection with any criminal proceedings mentioned in subsection (2) below, the orders mentioned in subsection (3) below.

(2) The proceedings are—

(a) solemn proceedings in that sheriff court;

(b) summary proceedings—

(i) in that sheriff court;

(ii) in any JP court in that sheriff court's district.

(3) The orders are—

(a) an order granting commission and diligence for the recovery of documents;

(b) an order for the production of documents.

(4) An application for the purpose may not be made—

(a) in connection with solemn proceedings, until the indictment has been served on the accused or the accused has been cited under section 66(4)(b) of this Act;

(b) in connection with summary proceedings, until the accused has answered the complaint.

(5) A decision of the sheriff on an application for an order under subsection (1) above may be appealed to the appropriate Appeal Court.

(6) In an appeal under subsection (5) above, the appropriate Appeal Court may uphold, vary or quash the decision of the sheriff.

(7) The prosecutor is entitled to be heard in any—

(a) application for an order under subsection (1) above;

(b) appeal under subsection (5) above,

even if the prosecutor is not a party to the application or (as the case may be) appeal.

(8) The competence of the High Court to make, in connection with criminal proceedings, the orders mentioned in subsection (3) above is restricted to making them in connection with proceedings in that court.

(9) In this section, “appropriate Appeal Court” means—

(a) in the case of an appeal under subsection (5) against a decision made in solemn proceedings, the High Court;

(b) in the case of an appeal under subsection (5) against a decision made in summary proceedings, the Sheriff Appeal Court.

Fixed penalties

Fixed penalty: conditional offer by procurator fiscal.

302

(1) Where a procurator fiscal receives a report that a relevant offence has been committed he may send to the alleged offender a notice under this section (referred to in this section as a conditional offer); and where he issues a conditional offer the procurator fiscal shall notify the clerk of court specified in it of the issue of the conditional offer and of its terms.

(2) A conditional offer—

(a) shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

(b) shall state—

(i) the amount of the appropriate fixed penalty for that offence;

(ii) if the penalty is to be payable by instalments, the amount of the instalments and the intervals at which they should be paid; ...

(iii) ...

(c) shall indicate that if, within 28 days of the date on which the conditional offer was issued, or such longer period as may be specified in the conditional offer, the alleged offender accepts the offer by making payment in respect of the fixed penalty to the clerk of court specified in the conditional offer at the address therein mentioned, any liability to conviction of the offence shall be discharged;

(ca) shall indicate—

(i) that the alleged offender may refuse the conditional offer by giving notice to the clerk of court in the manner specified in the conditional offer before the expiry of 28 days, or such longer period as may be specified in the conditional offer, beginning on the day on which the conditional offer is made;

(ii) that unless the alleged offender gives such notice, the alleged offender will be deemed to have accepted the conditional offer (even where no payment is made in respect of the offer);

(iii) that where the alleged offender is deemed as described in sub-paragraph (ii) above to have accepted the conditional offer any liability to conviction of the offence shall be discharged except where the offer is recalled under section 302C of this Act;

(d) shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of 28 days from the date on which the conditional offer was issued, or such longer period as may be specified in the conditional offer; ...

(e) shall state—

(i) that the acceptance of the offer in the manner described in paragraph (c) above, or deemed acceptance of the offer as described in paragraph (ca)(ii) above, shall not be a conviction nor be recorded as such;

(ii) that the fact that the offer has been accepted, or deemed to have been accepted, may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;

(iia) that that fact may be disclosed to the court also in any proceedings for an offence to which the alleged offender is, or is liable to become, subject at such time as the offer is accepted;

(iii) that if the offer is not accepted, that fact may be disclosed to the court in any proceedings for the offence to which the conditional offer relates;

(f) shall state that refusal of a conditional offer under paragraph (ca)(i) above will be treated as a request by the alleged offender to be tried for the offence; and

(g) shall explain the right to request a recall of the fixed penalty under section 302C of this Act.

(3) A conditional offer may be made in respect of more than one relevant offence and shall, in such a case, state the amount of the appropriate fixed penalty for all the offences in respect of which it is made.

(4) The clerk of court shall—

(a) without delay, notify the procurator fiscal who issued the conditional offer when a notice as described in subsection (2)(ca)(i) above has been received in respect of the offer; or

(b) following the expiry of the period of 28 days referred to in subsection (2)(c) above or such longer period as may be specified in the offer, notify the procurator fiscal if no such notice has been received.

(4A) A conditional offer is accepted by the alleged offender making any payment in respect of the appropriate fixed penalty.

(4B) Where an alleged offender to whom a conditional offer of a fixed penalty is made does not give notice as described in subsection (2)(ca)(i) above, the alleged offender is deemed to have accepted the conditional offer.

(4C) Where—

(a) an alleged offender accepts a conditional offer as described in subsection (4A) above; or

(b) an alleged offender is deemed to have accepted a conditional offer under subsection (4B) above and the fixed penalty is not recalled,

no proceedings shall be brought against the alleged offender for the offence.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Secretary of State shall, by order, prescribe a scale of fixed penalties for the purpose of this section ....

(7A) The amount of the maximum penalty on the scale prescribed under subsection (7) above may not exceed £500.

(7B) The Scottish Ministers may by regulations amend subsection (7A) so as to substitute for the sum for the time being specified there a higher sum.

(8) An order under subsection (7) or regulations under subsection (7B) above—

(a) may contain provision as to the payment of fixed penalties by instalments; and

(b) shall be made by statutory instrument, which shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

(8A) The alleged offender shall be presumed to have received a conditional offer under subsection (1) above if the offer is sent to—

(a) the address given by the alleged offender in a request for recall under section 302C(1) of this Act of an earlier offer in the same matter; or

(b) any address given by the alleged offender to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

(8B) For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—

(a) the address to which a conditional offer under subsection (1) above was sent provided it is proved that the accused received the offer; or

(b) any address given by the accused to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

(9) In this section—

(a) “a relevant offence” means any offence in respect of which an alleged offender could be tried summarily, but shall not include a fixed penalty offence within the meaning of section 51 of the Road Traffic Offenders Act 1988 nor any other offence in respect of which a conditional offer within the meaning of sections 75 to 77 of that Act may be sent ; and

(b) “the appropriate fixed penalty” means such fixed penalty on the scale prescribed under subsection (7) above as the procurator fiscal thinks fit having regard to the circumstances of the case.

Compensation offer by procurator fiscal

302A

(1) Where a procurator fiscal receives a report that a relevant offence has been committed he may send to the alleged offender a notice under this section (referred to in this section as a compensation offer); and where he issues a compensation offer the procurator fiscal shall notify the clerk of court specified in it of the issue of the offer and of its terms.

(2) A compensation offer—

(a) shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

(b) shall state—

(i) the amount of compensation payable;

(ii) if the compensation is to be payable by instalments, the amount of the instalments and the intervals at which they should be paid;

(c) shall indicate that if, within 28 days of the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender accepts the offer by making payment in respect of the offer to the clerk of court specified in the offer at the address therein mentioned, any liability to conviction of the offence shall be discharged;

(d) shall indicate—

(i) that the alleged offender may refuse the offer by giving notice to the clerk of court in the manner specified in the offer before the expiry of 28 days, or such longer period as may be specified in the offer, beginning on the day on which the offer is made;

(ii) that unless the alleged offender gives such notice, the alleged offender will be deemed to have accepted the offer (even where no payment is made in respect of the offer);

(iii) that where the alleged offender is deemed as described in sub-paragraph (ii) above to have accepted the offer any liability to conviction of the offence shall be discharged except where the offer is recalled under section 302C of this Act;

(e) shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of 28 days from the date on which the offer was made, or such longer period as may be specified in the offer;

(f) shall state—

(i) that the acceptance of the offer in the manner described in paragraph (c) above, or deemed acceptance of the offer as described in paragraph (d)(ii) above, shall not be a conviction nor be recorded as such;

(ii) that the fact that the offer has been accepted, or deemed to have been accepted, may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;

(iia) that that fact may be disclosed to the court also in any proceedings for an offence to which the alleged offender is, or is liable to become, subject at such time as the offer is accepted;

(iii) that if the offer is not accepted, that fact may be disclosed to the court in any proceedings for the offence to which the offer relates;

(g) shall state that refusal of an offer under paragraph (d)(i) above will be treated as a request by the alleged offender to be tried for the offence; and

(h) shall explain the right to request a recall of the offer under section 302C of this Act.

(3) A compensation offer may be made in respect of more than one relevant offence and shall, in such a case, state the amount payable in respect of the offer for all the offences in relation to which it is issued.

(4) The clerk of court shall—

(a) without delay, notify the procurator fiscal who issued the compensation offer when a notice as described in subsection (2)(d)(i) above has been received in respect of the offer; or

(b) following the expiry of the period of 28 days referred to in subsection (2)(c) above or such longer period as may be specified in the offer, notify the procurator fiscal if no such notice has been received.

(5) A compensation offer is accepted by the alleged offender making any payment in respect of the offer.

(6) Where an alleged offender to whom a compensation offer is made does not give notice as described in subsection (2)(d)(i) above, the alleged offender is deemed to have accepted the offer.

(7) Where—

(a) an alleged offender accepts a compensation offer as described in subsection (5) above; or

(b) an alleged offender is deemed to have accepted a compensation offer under subsection (6) above and the offer is not recalled,

no proceedings shall be brought against the alleged offender for the offence.

(8) The Scottish Ministers shall by order prescribe the maximum amount of a compensation offer; but that amount shall not exceed level 5 on the standard scale.

(9) An order under subsection (8) above shall be made by statutory instrument; and any such instrument shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(10) The alleged offender shall be presumed to have received a compensation offer under subsection (1) above if the offer is sent to—

(a) the address given by the alleged offender in a request for recall under section 302C(1) of this Act of an earlier offer in the same matter; or

(b) any address given by the alleged offender to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

(11) For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—

(a) the address to which a compensation offer under subsection (1) above was sent provided it is proved that the accused received the offer; or

(b) any address given by the accused to the clerk of court specified in the offer, or to the procurator fiscal, in connection with the offer.

(12) The clerk of court shall account for the amount paid under a compensation offer to the person entitled thereto.

(13) In this section, a “relevant offence” means any offence—

(a) in respect of which an alleged offender could be tried summarily; and

(b) on conviction of which it would be competent for the court to make a compensation order under section 249 of this Act.

Combined fixed penalty and compensation offer

302B

(1) The procurator fiscal may send to an alleged offender a notice under sections 302(1) and 302A(1) of this Act in respect of the same relevant offence (referred to in this section as a “combined offer”).

(2) A combined offer shall be contained in the one notice.

(3) In addition to the information required to be provided under sections 302(2) and 302A(2) of this Act, the combined offer shall state—

(a) that the combined offer consists of both a fixed penalty offer and a compensation offer;

(b) the whole amount of the combined offer; and

(c) that liability to conviction of the offence shall not be discharged unless the whole of the combined offer is accepted.

(4) Any acceptance or deemed acceptance of part of a combined offer shall be treated as applying to the whole of the offer.

Recall of fixed penalty or compensation offer

302C

(1) Where an alleged offender is deemed to have accepted—

(a) a fixed penalty offer by virtue of section 302(2)(ca)(ii) of this Act; or

(b) a compensation offer by virtue of section 302A(2)(d)(ii) of this Act,

the alleged offender may request that it be recalled.

(2) A request for recall under subsection (1) above is valid only if—

(a) the alleged offender claims that he—

(i) did not receive the offer concerned; and

(ii) would (if he had received it) have refused the offer; or

(b) the alleged offender claims that—

(i) although he received the offer concerned, it was not practicable by reason of exceptional circumstances for him to give notice of refusal of the offer; and

(ii) he would (but for those circumstances) have refused the offer.

(3) A request for recall of a fixed penalty offer or a compensation offer requires to be made—

(a) to the clerk of court referred to in the offer; and

(b) no later than 7 days after the expiry of the period specified in the offer for payment of the fixed penalty or compensation offer or, where a notice is sent in pursuance of section 303(1A)(a) of this Act, no later than 7 days after it is sent.

(4) The clerk of court may, on cause shown by reference to subsection (2) above, consider a request for recall of such an offer despite its being made outwith the time limit applying by virtue of subsection (3)(b) above.

(5) The clerk of court may, following receipt of such a request—

(a) uphold the fixed penalty offer or compensation offer; or

(b) recall it.

(6) The alleged offender may, within 7 days of a decision under subsection (5)(a) above, apply to the court specified in the offer for a review of the decision (including as it involves a question which arose by reference to subsections (2) to (4) above).

(7) In a review under subsection (6) above, the court may—

(a) confirm or quash the decision of the clerk;

(b) in either case, give such direction to the clerk as the court considers appropriate.

(8) The decision of the court in a review under subsection (6) above shall be final.

(9) The clerk of court shall, without delay, notify the procurator fiscal of—

(a) a request for recall under subsection (1) above;

(b) an application for review under subsection (6) above;

(10) For the purposes of this section, a certificate given by the procurator fiscal as to the date on which a fixed penalty offer or compensation order was sent shall be sufficient evidence of that fact.

Fixed penalty: enforcement.

303

(1) Subject to subsections (1A) and (2) below, where an alleged offender accepts a fixed penalty offer under section 302 of this Act or a compensation offer under section 302A of this Act, any amount of it which is outstanding at any time shall be treated as if the penalty or offer were a fine imposed by the court (the clerk of which is specified in the notice).

(1A) No action shall be taken to enforce a fixed penalty or compensation offer which an alleged offender is deemed to have accepted by virtue of section 302(2)(ca)(ii) or section 302A(2)(d)(ii) of this Act unless—

(a) the alleged offender is sent a notice—

(i) of the intention to take enforcement action; and

(ii) which explains the right to request a recall of the penalty or offer under section 302C of this Act;

(b) any request for recall made under that section has been finally disposed of.

(2) In the enforcement of a fixed penalty or compensation offer which is to be treated as a fine in pursuance of subsection (1) above—

(a) any reference, howsoever expressed, in any enactment whether passed or made before or after the coming into force of this section to—

(i) the imposition of imprisonment or detention in default of payment of a fine shall be construed as a reference to enforcement by means of civil diligence;

(ii) the finding or order of the court imposing the fine shall be construed as a reference to a certificate given in pursuance of subsection (3) below;

(iii) the offender shall be construed as a reference to the alleged offender;

(iv) the conviction of the offender shall be construed as a reference to the acceptance of the conditional offer by the alleged offender;

(b) the following sections of this Act shall not apply—

section 211(7)

section 213(2);

section 214(1) to (6);

section 216(7);

section 219, except subsection (1)(b);

section 220;

section 221(2) to (4);

section 222(8); and

section 224.

(3) For the purposes of any proceedings in connection with, or steps taken for, the enforcement of any amount of a fixed penalty or compensation offer which is outstanding, a document purporting to be a certificate signed by the clerk of court for the time being responsible for the collection or enforcement of the penalty as to any mater relating to the penalty shall be conclusive of the matter so certified.

(4) The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, make such provision as he considers necessary for the enforcement in England and Wales . . . of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in England and Wales . . . .

(5) The Department of Justice in Northern Ireland may by order make such provision as it considers necessary for the enforcement in Northern Ireland of any penalty, treated in pursuance of subsection (1) above as a fine, which is transferred as a fine to a court in Northern Ireland.

(6) The power of the Department of Justice to make an order under subsection (5) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(7) An order made by the Department of Justice under subsection (5) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Work orders

303ZA

(1) Where a procurator fiscal receives a report that a relevant offence has been committed he may send the alleged offender a notice under this section (referred to in this section as a work offer) which offers the alleged offender the opportunity of performing unpaid work.

(2) The total number of hours of unpaid work shall be not less than 10 nor more than 50.

(3) A work offer—

(a) shall give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence;

(b) shall state—

(i) the number of hours of unpaid work which the alleged offender is required to perform;

(ii) the date by which that work requires to be completed;

(i) accepts the work offer; and

(ii) completes the work to the satisfaction of the supervising officer,

any liability to conviction of the offence shall be discharged;

(d) shall state that proceedings against the alleged offender shall not be commenced in respect of that offence until the end of a period of 28 days from the date on which the offer was issued, or such longer period as may be specified in the offer;

(e) shall state—

(i) that acceptance of a work offer in the manner described in subsection (5) below shall not be a conviction nor be recorded as such;

(ia) that if a work offer is not accepted, that fact may be disclosed to the court in any proceedings for the offence to which the offer relates;

(ii) that the fact that a resultant work order has been completed may be disclosed to the court in any proceedings for an offence committed by the alleged offender within the period of two years beginning on the day of acceptance of the offer;

(iia) that that fact may be disclosed to the court also in any proceedings for an offence to which the alleged offender is, or is liable to become, subject at such time as the offer is accepted;

(iii) that if a resultant work order is not completed, that fact may be disclosed to the court in any proceedings for the offence to which the order relates.

(4) A work offer may be made in respect of more than one relevant offence and shall, in such a case, state the total amount of work requiring to be performed in respect of the offences in relation to which it is made.

(5) An alleged offender accepts a work offer by giving notice to the procurator fiscal specified in the order before the expiry of 28 days, or such longer period as may be specified in the offer, beginning on the day on which the offer is made.

(6) If (and only if) the alleged offender accepts a work offer, the procurator fiscal may make an order (referred to in this section as a work order) against the alleged offender.

(7) Notice of a work order—

(a) shall be sent to the alleged offender as soon as reasonably practicable after acceptance of the work offer; and

(b) shall contain—

(i) the information mentioned in subsection (3)(b) above; and

(ii) the name and contact details of the person who is to act as supervisor (“the supervising officer”) in relation to the alleged offender.

(8) The procurator fiscal shall notify the local authority which will be responsible for supervision of an alleged offender of the terms of any work order sent to the alleged offender.

(9) Where a work order is made, the supervising officer shall—

(a) determine the nature of the work which the alleged offender requires to perform;

(b) determine the times and places at which the alleged offender is to perform that work;

(d) provide the procurator fiscal with such information as the procurator fiscal may require in relation to the alleged offender's conduct in connection with the requirements of the order.

(10) In giving directions under subsection (9)(c) above, a supervising officer shall, so far as practicable, avoid—

(a) any conflict with the alleged offender's religious beliefs;

(b) any interference with the times at which the alleged offender normally—

(i) works (or carries out voluntary work); or

(ii) attends an educational establishment.

(11) The supervising officer shall, on or as soon as practicable after the date referred to in subsection (3)(b)(ii) above, notify the procurator fiscal whether or not the work has been performed to the supervising officer's satisfaction.

(12) Where an alleged offender completes the work specified in the work order to the satisfaction of the supervising officer, no proceedings shall be brought against the alleged offender for the offence.

(13) The Scottish Ministers may, by regulations, make provision for the purposes of subsection (9) above (including, in particular, the kinds of activity of which the work requiring to be performed may (or may not) consist).

(14) Regulations under subsection (13) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(15) For the purposes of section 141(4) of this Act, the accused shall be presumed to have received any citation effected at—

(a) the address to which a work offer was sent provided it is proved that the accused received the offer; or

(b) any address given, in connection with the offer, by the accused to the procurator fiscal specified in the offer.

(16) In this section, a “relevant offence” means any offence in respect of which an alleged offender could be tried summarily.

Setting aside of offers and orders

303ZB

(1) Where this subsection applies, the procurator fiscal may set aside—

(a) a fixed penalty offer made under section 302(1) of this Act;

(b) a compensation offer made under section 302A(1) of this Act;

(d) a work order made under section 303ZA(6) of this Act.

(2) Subsection (1) above applies where, on the basis of information which comes to the procurator fiscal's attention after the offer or (as the case may be) order has been made, the procurator fiscal considers that the offer or (as the case may be) order should not have been made in respect of the alleged offender.

(3) The procurator fiscal may act under subsection (1)(a) to (c) above even where the offer has been accepted (including, in the case of an offer mentioned in subsection (1)(a) or (b) above, deemed to have been accepted).

(4) Where the procurator fiscal acts under subsection (1) above, the procurator fiscal shall give the alleged offender notice—

(a) of the setting aside of the offer or (as the case may be) order; and

(b) indicating that any liability of the alleged offender to conviction of the alleged offence is discharged.

Transfer of rights of appeal of deceased person

Transfer of rights of appeal of deceased person.

303A

(1) Where a person convicted of an offence has died, any person may, subject to the provisions of this section, apply to the appropriate Appeal Court for an order authorising him to institute or continue any appeal which could have been or has been instituted by the deceased.

(2) An application for an order under this section may be lodged with the clerk of the appropriate Appeal Court within three months of the deceased’s death or at such later time as the appropriate Appeal Court may, on cause shown, allow.

(3) Where the Commission makes a reference to the High Court under section 194B of this Act in respect of a person who is deceased, any application under this section must be made within one month of the reference.

(4) Where an application is made for an order under this section and the applicant—

(a) is an executor of the deceased; or

(b) otherwise appears to the appropriate Appeal Court to have a legitimate interest,

the appropriate Appeal Court shall make an order authorising the applicant to institute or continue any appeal which could have been instituted or continued by the deceased; and, subject to the provisions of this section, any such order may include such ancillary or supplementary provision as the appropriate Appeal Court thinks fit.

(5) The person in whose favour an order under this section is made shall from the date of the order be afforded the same rights to carry on the appeal as the deceased enjoyed at the time of his death and, in particular, where any time limit had begun to run against the deceased the person in whose favour an order has been made shall have the benefit of only that portion of the time limit which remained unexpired at the time of the death.

(6) In this section “appeal” includes any sort of application, whether at common law or under statute, for the review of any conviction, penalty or other order made in respect of the deceased in any criminal proceedings whatsoever.

(7) In this section—

“appropriate Appeal Court” means—in the case of an appeal proposed to be instituted or continued before the High Court, the High Court;in the case of an appeal proposed to be instituted or continued before the Sheriff Appeal Court, the Sheriff Appeal Court; and

“the clerk of the appropriate Appeal Court” means—in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.

Electronic proceedings

Electronic summary proceedings

303B

(1) For the purposes of section 138(1) of this Act—

(a) institution of proceedings may be effected by electronic complaint;

(b) the requirement for signing is satisfied in relation to an electronic complaint by an electronic signature;

(2) The references in the other provisions of this Act to a complaint include an electronic complaint unless the context otherwise requires.

(3) Where proceedings are instituted by electronic complaint, in the event of any conflict between—

(a) the principal electronic complaint kept by the clerk of court for the purposes of the proceedings; and

(b) any other document (whether in electronic or other form) purporting to be the complaint,

the principal electronic complaint prevails.

(4) The requirement in section 85(4) of this Act for signing may be satisfied by electronic signature.

(5) The requirement in section 136B(2) of this Act for signing may be satisfied by electronic signature.

(6) The requirement in section 141(3)(a) of this Act for signing may be satisfied by electronic signature.

(7) The requirement in section 159(3) of this Act for authentication by initials is satisfied in relation to an electronic complaint by authentication by electronic signature.

(8) The requirements in section 172(2) of this Act for signing by the clerk of court may be satisfied by electronic signature.

(9) The requirements in section 258(2) and (9) of this Act for signing may be satisfied in relation to summary proceedings by electronic signature.

(10) The requirement in section 299(5) of this Act for authentication by signature is satisfied in relation to—

(a) proceedings which are recorded in electronic form;

(b) any extract of sentence, or order made, which is recorded in electronic form,

by authentication by electronic signature.

Electronic signatures and alternative methods of sending documents

Electronic signatures

303C

(1) An electronic signature fulfills any requirement (however expressed and for whatever purpose) for the signing or initialling of—

(a) a document of a type mentioned in section 303E(1), or

(b) a deletion or correction to such a document.

(2) In this section, “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document.

Sending documents electronically and to a solicitor

303D

(1) Any requirement (however expressed) that a document of a type mentioned in section 303E(1) be given to a person may be fulfilled by—

(a) transmitting it to the person electronically, or

(b) transmitting it (electronically or otherwise) to a solicitor engaged to act on the person’s behalf in relation to the proceedings in question.

(2) For the purposes of this section—

(a) electronic transmission of a document by one person (“the sender”) to another person (“the recipient”) must be effected in a way that the recipient has indicated to the sender that the recipient is willing to receive the document,

(b) the recipient’s indication of willingness to receive a document in a particular way may be—

(i) specific to the document in question or generally applicable to documents of that kind,

(ii) expressed specifically to the sender or generally (for example on a website),

(iii) inferred from the recipient having previously been willing to receive documents from the sender in that way and not having indicated unwillingness to do so again,

(c) the sender’s uploading of a document to an electronic storage system from which the recipient is able to download the document may constitute electronic transmission of the document from the sender to the recipient.

(3) In this section, references to giving a person a document include—

(a) serving a document on a person,

(b) sending a document to a person, and

Documents to which sections 303C and 303D apply

303E

(1) The types of document referred to in sections 303C and 303D are—

(a) an order, warrant, sentence, citation, minute or any other document produced by a court,

(b) an extract of any document mentioned in paragraph (a),

(c) any document that an enactment requires to be given to a person in connection with, or in order to initiate, criminal proceedings,

(d) any document that an enactment requires to be signed or initialled in order that it, or any other thing, may be used in criminal proceedings for any purpose including—

(i) being used as evidence, or

(ii) being treated as sufficient evidence of a matter.

(2) But a type of document mentioned in subsection (1) is not to be regarded as mentioned in that subsection for the purposes of section 303C or 303D (or both) if the Lord Justice General directs that it is not.

(3) A direction under subsection (2)—

(a) may relate to some or all criminal proceedings,

(b) may be varied or revoked,

Interpretation of sections 303C to 303E

303F

In sections 303C to 303E of this Act—

(a) references to a court include an office holder of a court,

(b) “document” includes a copy of a document.

Virtual attendance at court

Suspension of requirement for physical attendance in criminal trials

303G

(1) This section applies in relation to a hearing in criminal proceedings in which—

(a) a person is to give evidence, and

(b) section 303H does not apply.

(2) A court may disapply any requirement (however expressed) that a person physically attend the court by directing that the person need not do so.

(3) A court may disapply a requirement for a person’s physical attendance under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would not—

(a) prejudice the fairness of the proceedings, or

(b) otherwise be contrary to the interests of justice.

(4) Nothing in this section affects any other basis upon which a person need not physically attend a court.

(5) References in this section to physically attending a court are to—

(a) being in a particular place, or

(b) being in the same place as another person,

for the purpose of any proceedings before a court or an office holder of a court.

Suspension of requirement for physical attendance in criminal proceedings where only party is a public official

303H

(1) This section applies in relation to criminal proceedings in which the only party is a public official.

(2) Any requirement (however expressed) that a person physically attend a court does not apply, unless the court directs the person to physically attend.

(3) A court may direct a person to physically attend under subsection (2) only if it considers that allowing the person to attend by electronic means in accordance with section 303K would—

(a) prejudice the fairness of the proceedings, or

(b) otherwise be contrary to the interests of justice.

(4) Nothing in this section affects any other basis upon which a person need not physically attend a court.

(5) References in this section to physically attending a court are to be construed in accordance with section 303G(5).

Directions under sections 303G and 303H

303I

(1) A court may issue a direction under section 303G(2) or 303H(2) on the motion of a party or of its own accord.

(2) The power to issue a direction under section 303G(2) or 303H(2) includes the power to revoke an earlier direction under that section.

(3) In considering whether to issue a direction under section 303G(2) or 303H(2), the court must—

(a) give all parties an opportunity to make representations (subject to subsection (4)), and

(b) have regard to any guidance issued by the Lord Justice General.

(4) A court may, of its own accord, issue the first direction under section 303G(2) or 303H(2) in relation to a hearing or proceedings without having given the parties an opportunity to make representations.

(5) Where a direction under section 303G(2) or 303H(2) is issued as described in subsection (4), the court must—

(a) take steps to ensure that the parties are aware of their right to make a motion for the revocation of the direction, and

(b) deal with any motion for the direction’s revocation,

before dealing with any other matter at the hearing, other than a decision to adjourn or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

Suspension of requirement for physical attendance in other criminal hearings or proceedings

303J

(1) This section applies in relation to any criminal proceedings other than—

(a) a hearing to which section 303G applies, or

(b) proceedings to which section 303H applies.

(2) Any requirement (however expressed) that a person physically attend a court does not apply if—

(a) a determination made by the Lord Justice General states that it does not, and

(b) the court has not directed the person to physically attend.

(3) A determination under subsection (2)(a)—

(a) may, in particular, disapply a requirement for physical attendance—

(i) in relation to persons, hearings or proceedings described in the determination,

(ii) by enabling a court to disapply it in circumstances specified in the determination,

(b) may make different provision for—

(i) different purposes,

(ii) different areas,

(d) must set out the reason for making the determination,

(e) must be made publicly available for so long as it has effect.

(4) The Lord Justice General may make a determination under subsection (2)(a) disapplying a requirement for physical attendance only if (taking into account the discretion conferred by subsection (2)(b)), the Lord Justice General is satisfied that it would not—

(a) prejudice the fairness of proceedings, or

(b) otherwise be contrary to the interests of justice.

(5) A direction under subsection (2)(b)—

(a) may be issued by a court on the motion of a party or of its own accord,

(b) may be revoked.

(6) Where, by reason of a determination under subsection (2)(a), a person is to attend a court hearing by electronic means in accordance with section 303K, the court must—

(a) take steps to ensure that the parties are aware of their right to make a motion for a direction under subsection (2)(b), and

(b) deal with any motion for a direction under that subsection,

(7) Nothing in this section affects any other basis upon which a person need not physically attend a court.

(8) References in this section to physically attending a court are to be construed in accordance with section 303G(5).

Attending by electronic means

303K

(1) A person excused from a requirement to physically attend a court by virtue of section 303G(2), 303H(2) or 303J(2)(a) must instead appear before the court or office holder (as the case may be) by electronic means in accordance with a direction issued by the court.

(2) A person who fails to do so is to be regarded as having failed to comply with the requirement to physically attend from which the person is excused.

(3) A direction under subsection (1)—

(a) is to set out how the person is to appear by electronic means before the court or office holder, including what requirements must be satisfied by the location from which the person is to appear,

(b) may include any other provision which the court considers appropriate,

(4) The power to issue a direction under subsection (1) includes the power to vary or revoke an earlier direction issued under that subsection.

(5) Before issuing a direction under subsection (1), the court must—

(a) give all parties an opportunity to make representations (subject to subsection (6)), and

(b) have regard to any guidance issued by the Lord Justice General.

(6) The court may, of its own accord, issue the first direction under subsection (1) in relation to a hearing or proceedings without having given the parties an opportunity to make representations.

(7) Where a direction is issued as described in subsection (6), the court must—

(a) take steps to ensure that the parties are aware of their right to make a motion for the variation or revocation of the direction, and

(b) deal with any motion for the variation or revocation of the direction,

before taking a decision about any other matter at the hearing, other than a decision to adjourn, a decision in respect of a motion for a direction under section 303G, 303H or 303J or a matter that an enactment requires that the court deal with before another hearing could practicably be arranged.

(8) A direction under subsection (1) setting out—

(a) how a party to proceedings is to attend by electronic means a hearing in which a person is to give evidence, must provide for the party to use means that enable the party to both see and hear all of the other parties, the judge and (where applicable) the jury and any witness who is giving evidence,

(b) how a witness who is to give evidence at a hearing is to attend by electronic means, must provide for the witness to use means that enable all of the parties, the judge and (where applicable) the jury to both see and hear the witness.

(9) Nothing in subsection (8) is to be taken to mean that a person is to be enabled to see or hear a witness in a way that measures taken in accordance with an order of the court would otherwise prevent.

General directions under section 303K

303L

(1) A court may—

(a) issue a direction under section 303K(1) that applies for the purpose of all proceedings of a type specified in the direction, provided that the only party to the proceedings is a public official,

(b) issue a further direction under section 303K(1) overriding, for the purpose of specific proceedings, a general direction issued by virtue of paragraph (a).

(2) Section 303K(5)(a) does not apply in relation to a general direction issued by virtue of subsection (1)(a).

Publication of guidance

303M

Where the Lord Justice General issues guidance relevant to the issuing of directions under section 303G(2), 303H(2) or 303K(1), the Lord Justice General must make the guidance publicly available for so long as it has effect.

Sections 303C to 303M: transitional provisions and interpretation

Transitional provisions

303N

(1) A direction or determination under a provision of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 mentioned in the first column of the table below is, insofar as it relates to criminal proceedings, to be treated as though it were a direction or determination under the provision of this Act mentioned in the corresponding entry in the second column.

Provision of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 under which the direction or determination was issued	Provision of this Act under which the direction or determination is to be treated as having been issued
paragraph 3(2)(b)	section 303E(2)
paragraph 6(2)	section 303H(2)
paragraph 6(4)	section 303G(2)
paragraph 7(2)(a)	section 303J(2)(a)
paragraph 7(2)(b)	section 303J(2)(b)
paragraph 8(1)	section 303K(1)

(2) A general direction issued by virtue of paragraph 9(1)(a) of the schedule of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 is to be treated as though it were issued by virtue of section 303L(1)(a) of this Act.

Interpretation of sections 303C to 303N

303O

(1) In sections 303C to 303N of this Act—

“court” means any of—the High Court of Justiciary,the Sheriff Appeal Court when exercising criminal jurisdiction,the sheriff courts when exercising criminal jurisdiction, andjustice of the peace courts,

“enactment” includes—an enactment contained in any local Act or any order, regulation or other instrument having effect by virtue of an Act, andan enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

“proceedings” includes any process before a court, or any office holder of a court (for example, a process by which a warrant may be obtained for the purpose of investigating a suspected offence),

“public official” means—a person who is a public authority and is acting in that capacity, ora person who is acting on behalf of a public authority,

“requirement” means a requirement arising from an enactment or rule of law.

(2) For the purposes of the definition of “public official”, “public authority” is to be construed in accordance with section 6 of the Human Rights Act 1998.

PART XIV — General

Criminal Courts Rules Council.

304

(1) There shall be established a body, to be known as the Criminal Courts Rules Council (in this section referred to as “the Council”) which shall have the functions conferred on it by subsection (9) below.

(2) The Council shall consist of—

(a) the Lord Justice General, the Lord Justice Clerk and the Clerk of Justiciary;

(b) a further Lord Commissioner of Justiciary appointed by the Lord Justice General;

(zi) one Appeal Sheriff;

(i) two sheriffs;

(ii) two members of the Faculty of Advocates;

(iii) two solicitors;

(iv) one sheriff clerk; and

(v) one person appearing to him to have a knowledge of the procedures and practices of the JP court;

(d) two persons appointed by the Lord Justice General after consultation with the Lord Advocate, at least one of whom must be a procurator fiscal;

(e) two persons appointed by the Lord Justice General after consultation with the Secretary of State, at least one of whom must be a person appearing to the Lord Justice General to have—

(i) a knowledge of the procedures and practices of the courts exercising criminal jurisdiction in Scotland; and

(ii) an awareness of the interests of victims of crime and of witnesses in criminal proceedings; and

(f) any persons appointed under subsection (3) below.

(3) The Lord Justice General may appoint not more than two further persons, and the Secretary of State may appoint one person, to membership of the Council.

(4) The chairman of the Council shall be the Lord Justice General or such other member of the Council, being a Lord Commissioner of Justiciary, as the Lord Justice General may nominate.

(5) The members of the Council appointed under paragraphs (b) to (f) of subsection (2) above shall, so long as they retain the respective qualifications mentioned in those paragraphs, hold office for three years and be eligible for reappointment.

(6) Any vacancy in the membership of the Council by reason of the death or demission of office, prior to the expiry of the period for which he was appointed, of a member appointed under any of paragraphs (b) to (f) of subsection (2) above shall be filled by the appointment by the Lord Justice General or, as the case may be, the Secretary of State, after such consultation as is required by the paragraph in question, of another person having the qualifications required by that paragraph, and a person so appointed shall hold office only until the expiry of that period.

(7) The Council shall meet—

(a) at intervals of not more than 12 months; and

(b) at any time when summoned by the chairman or by three members of the Council,

but shall, subject to the foregoing, have power to regulate the summoning of its meetings and the procedure at such meetings.

(8) At any meeting of the Council six members shall be a quorum.

(9) The functions of the Council shall be—

(a) to keep under general review the procedures and practices of the courts exercising criminal jurisdiction in Scotland (including any matters incidental or relating to those procedures or practices); and

(b) to consider and comment on any draft Act of Adjournal submitted to it by the High Court, which shall, in making the Act of Adjournal, take account to such extent as it considers appropriate of any comments made by the Council under this paragraph.

(10) In the discharge of its functions under subsection (9) above the Council may invite representations on any aspect of the procedures and practices of the courts exercising criminal jurisdiction in Scotland (including any matters incidental or relating to those procedures or practices) and shall consider any such representations received by it, whether or not submitted in response to such an invitation.

Acts of Adjournal.

305

(1) The High Court may by Act of Adjournal—

(a) regulate the practice and procedure in relation to criminal procedure;

(b) make such rules and regulations as may be necessary or expedient to carry out the purposes and accomplish the objects of any enactment (including an enactment in this Act) in so far as it relates to criminal procedure;

(c) subject to subsection (5) below, to fix and regulate the fees payable in connection with summary criminal proceedings; and

(d) to make provision for the application of sums paid under section 220 of this Act and for any matter incidental thereto.

(1A) Subsection (1) above extends to making provision by Act of Adjournal for something to be done in electronic form or by electronic means.

(2) The High Court may by Act of Adjournal modify, amend or repeal any enactment (including an enactment in this Act) in so far as that enactment relates to matters with respect to which an Act of Adjournal may be made under subsection (1) above.

(3) No rule, regulation or provision which affects the governor or any other officer of a prison shall be made by Act of Adjournal except with the consent of the Secretary of State.

(4) The Clerk of Justiciary may, with the sanction of the Lord Justice General and the Lord Justice Clerk, vary the forms set out in an Act of Adjournal made under subsection (1) above or any other Act whether passed before or after this Act from time to time as may be found necessary for giving effect to the provisions of this Act relating to solemn procedure.

(5) Nothing in paragraph (c) of subsection (1) above shall empower the High Court to make any provision that the Scottish Ministers are empowered to make under section 107(1) of the Courts Reform (Scotland) Act 2014.

Information for financial and other purposes.

306

(1) The Secretary of State shall in each year publish such information as he considers expedient for the purpose of—

(a) enabling persons engaged in the administration of criminal justice to become aware of the financial implications of their decisions; or

(b) facilitating the performance by such persons of their duty to avoid discriminating against any persons on the ground of race or sex or any other improper ground.

(2) Publication under subsection (1) above shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the information to the attention of the persons concerned.

Interpretation.

307

(1) In this Act, unless the context otherwise requires—

“alcohol treatment requirement” has the meaning given in section 227V(1);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“assessment order” has the meaning given by section 52D of this Act;

“bail” means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“child”, except in section 46(3) of and Schedule 1 to this Act, has the meaning assigned to that expression for the purposes of section 199 of the Children’s Hearings (Scotland) Act 2011 (asp 1)

“child” has the meaning given by section 199 of the Children’s Hearings (Scotland) Act 2011,

“child witness” shall be construed in accordance with section 271(1)(a) of this Act;

“children’s hearing” is to be construed in accordance with section 5 of the Children’s Hearings (Scotland) Act 2011 (asp 1)

“Clerk of Justiciary” shall include assistant clerk of justiciary and shall extend and apply to any person duly authorised to execute the duties of Clerk of Justiciary or assistant clerk of justiciary;

“Clerk of the Sheriff Appeal Court” includes Deputy Clerk of the Sheriff Appeal Court and any person authorised to carry out the functions of Clerk of the Sheriff Appeal Court;

“the Commission” has the meaning given by section 194A(1) of this Act;

“commit for trial” means commit until liberation in due course of law;

“community payback order” means a community payback order (within the meaning of section 227A(2)) imposed under section 227A(1) or (4) or 227M(2);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“compensation requirement” has the meaning given in section 227H(1);

“complaint” includes a copy of the complaint laid before the court;

“compulsion order” means an order under section 57(2)(a) or 57A(2) of this Act;

“compulsory supervision order” has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

“conduct requirement” has the meaning given in section 227W(1);

“constable” has the same meaning as in the Police and Fire Reform (Scotland) Act 2012;

“conviction”, in relation to a previous conviction by a court outside Scotland, means a final decision of a criminal court establishing guilt of a criminal offence;

“court of summary jurisdiction” means a court of summary criminal jurisdiction;

“court of summary criminal jurisdiction” includes the sheriff court and JP court;

“crime” means any crime or offence at common law or under any Act of Parliament whether passed before or after this Act, and includes an attempt to commit any crime or offence;

“devolution issue” has the same meaning as in Schedule 6 to the Scotland Act 1998;

“diet” includes any continuation of a diet;

“drug treatment and testing order” has the meaning assigned to it in section 234B(2) of this Act;

“drug treatment requirement” has the meaning given in section 227U(1);

“enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

“examination of facts” means an examination of facts held under section 55 of this Act;

“existing” means existing immediately before the commencement of this Act;

“extract conviction” and “extract of previous conviction” include certified copy conviction, certificate of conviction, and any other document lawfully issued from any court of justice of the United Kingdom as evidence of a conviction and also include a conviction extracted and issued as mentioned in section 286A(3)(a) and (b) of this Act;

“fine” includes any pecuniary penalty and an instalment of a fine but does not include—a pecuniary forfeiture;pecuniary compensation; ...a victim surcharge imposed under section 253F; ora restitution order;

“governor” means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, the director of the prison;

“guardian”, in relation to a child, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;

“guardianship order” has the meaning assigned to it by section 58 of this Act;

“High Court” and “Court of Justiciary” shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;

“hospital” means—any hospital vested in the Secretary of State under the National Health Service (Scotland) Act 1978;any hospital managed by a National Health Service Trust established under section 12A of that Act;any private hospital as defined in section 12(2) of the Mental Health (Scotland) Act 1984; andany State hospital;

“hospital direction” has the meaning assigned to it by section 59A(1) of this Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“impose detention” or “impose imprisonment” means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for contempt of court;

“indictment” includes any indictment whether in the sheriff court or the High Court framed in the form set out an Act of Adjournal or as nearly as may be in such form;

“interim compulsion order” has the meaning given by section 53 of this Act;

“interim compulsory supervision order” has the meaning given by section 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1),

“JP court” means a justice of the peace court;

“judge”, in relation to solemn procedure, means a judge of a court of solemn criminal jurisdiction and, in relation to summary procedure, means any sheriff or any judge of a JP court;

“justice” includes the sheriff and any ... justice of the peace;

“justice of the peace” means a justice of the peace appointed under section 67 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6);

“legalised police cells” has the like meaning as in the Prisons (Scotland) Act 1989;

“local authority” has the meaning assigned to it by section 1(2) of the Social Work (Scotland) Act 1968;

“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000

“Lord Commissioner of Justiciary” includes Lord Justice General and Lord Justice Clerk;

“mental disorder” has the meaning given by section 328(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13);

“mental health treatment requirement” has the meaning given in section 227R(1);

“Mental Welfare Commission” means the Mental Welfare Commission for Scotland;

“offence” means any act, attempt or omission punishable by law;

“offender supervision requirement” has the meaning given in section 227G(1);

“officer of law” includes, in relation to the service and execution of any warrant, citation, petition, indictment, complaint, list of witnesses, order, notice, or other proceeding or document—any macer, messenger-at-arms, sheriff officer or other person having authority to execute a warrant of the court;any constable;... an officer of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs; subject to subsection (1AA) below, an immigration officer acting with the authority (which may be general or specific) of the Secretary of State;any person who is appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 who is either authorised by the chief constable of the Police Service of Scotland in relation to such service and execution or is a police custody and security officer; where the person upon whom service or execution is effected is in prison at the time of service on him, any prison officer; andany person or class of persons authorised in that regard for the time being by the Lord Advocate or by the Secretary of State;

“order” means any order, byelaw, rule or regulation having statutory authority;

“order for lifelong restriction” means an order under section 210F(1) of this Act;

“organisation” means— a body corporate;an unincorporated association;a partnership;a body of trustees;a government department;a part of the Scottish Administration;any other entity which is not an individual;

“patient” means a person suffering or appearing to be suffering from mental disorder;

“place of safety”, in relation to a person not being a child, means any police station... or any hospital the board of management of which are willing temporarily to receive him, and in relation to a child has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1),

“postal operator” has the meaning assigned to it by section 27 of the Postal Services Act 2011.

“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;

“the prescribed sum” has the meaning given by section 225(8) of this Act;

“prison” does not include a naval, military or air force prison;

“prison officer” and “officer of a prison” means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“procurator fiscal” means the procurator fiscal for a sheriff court district, and includes assistant procurator fiscal and procurator fiscal depute and any person duly authorised to execute the duties of the procurator fiscal;

“programme requirement” has the meaning given in section 227P(1);

“prosecutor”—for the purposes of proceedings other than summary proceedings, includes Crown Counsel, procurator fiscal, any other person prosecuting in the public interest and any private prosecutor; andfor the purposes of summary proceedings, includes procurator fiscal, and any other person prosecuting in the public interest and complainer and any person duly authorised to represent or act for any public prosecutor;

“remand” means an order adjourning the proceedings or continuing the case and giving direction as to detention in custody or liberation during the period of adjournment or continuation and references to remanding a person or remanding in custody or on bail shall be construed accordingly;

“remand centre” has the like meaning as in the Prisons (Scotland) Act 1989;

“registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“residence requirement” has the meaning given in section 227Q(1);

“responsible officer”, in relation to a community payback order, is to be construed in accordance with section 227C;

“restricted movement requirement” has the meaning given in section 227ZF(1);

“restriction order” has the meaning assigned to it by section 59 of this Act;

“risk assessment order” means an order under section 210B(2) of this Act;

“risk assessment report” has the meaning given by section 210B(3)(a) of this Act;

“sentence”, whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court;

“sheriff clerk” includes sheriff clerk depute, and extends and applies to any person duly authorised to execute the duties of sheriff clerk;

“sheriff court district” extends to the limits within which the sheriff has jurisdiction in criminal matters whether by statute or at common law;

“State hospital” has the meaning assigned to it in Part VIII of the Mental Health (Scotland) Act 1984;

“statute” means any Act of Parliament, public general, local, or private, and any Provisional Order confirmed by Act of Parliament;

“training school order” has the same meaning as in the Social Work (Scotland) Act 1968;

“treatment order” has the meaning given by section 52M of this Act;

“unfit for trial” has the meaning given by section 53F of this Act;

“the unified citation provisions”means section 216(5) and (6)(a) and (b) of this Act;

“unpaid work or other activity requirement” has the meaning given in section 227I(1), and “level 1 unpaid work or other activity requirement” and “level 2 unpaid work or other activity requirement” are to be construed in accordance with section 227I(5) and (6) respectively;

“vulnerable witness” shall be construed in accordance with section 271(1) of this Act;

“witness” includes haver;

“young offenders institution” has the like meaning as in the Prisons (Scotland) Act 1989.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1AA) The inclusion of immigration officers as “officers of law” shall have effect only in relation to immigration offences and nationality offences ....

(1AB) In subsection (1AA)—

“immigration offence” means—an offence involving conduct which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement); or(insofar as it is not an offence within paragraph (a)) an offence under the Immigration Acts or in relation to which a power of arrest is conferred on an immigration officer by the Immigration Acts;

“nationality offence” means an offence involving conduct which is undertaken for the purposes of, or otherwise in relation to, an enactment in—the British Nationality Act 1981;the Hong Kong Act 1985;the Hong Kong (War Wives and Widows) Act 1996;the British Nationality (Hong Kong) Act 1997;the British Overseas Territories Act 2002;an instrument made under any of those Acts.

(1AC) In subsection (1AB), “the Immigration Acts” has the meaning given by section 61 of the UK Borders Act 2007.

(1B) In any proceedings (whether civil or criminal) under or arising from this Act—

(a) a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, or

(b) a certificate of the Secretary of State that an immigration officer,

had the authority to exercise a power or function conferred by a provision of this Act shall be conclusive evidence of that fact.

(2) References in this Act to a court do not include references to a service court; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a service courtfor an offence under section 42 of the Armed Forces Act 2006.

(2A) In subsection (2), “service court” means—

(a) the Court Martial;

(b) the Summary Appeal Court;

(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any reference in this Act to a previous sentence of imprisonment shall be construed as including a reference to a previous sentence of penal servitude; any such reference to a previous sentence of Borstal training shall be construed as including a reference to a previous sentence of detention in a Borstal institution.

(5) Except where the context requires otherwise—

(a) any reference in this Act to a previous conviction is to be construed as a reference to a previous conviction by a court in any part of the United Kingdom...;

(b) any reference in this Act to a previous sentence is to be construed as a reference to a previous sentence passed by any such court;

(c) any reference to a previous conviction of a particular offence is to be construed, in relation to a previous conviction by a court outside Scotland, as a reference to a previous conviction of an equivalent offence; and

(d) any reference to a previous sentence of a particular kind is to be construed, in relation to a previous sentence passed by a court outside Scotland, as a reference to a previous sentence of an equivalent kind.

(6) References in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment, including this Act, upon the imprisonment of offenders of his age.

(7) Without prejudice to section 46 of this Act, where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.

(8) References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

Construction of enactments referring to detention etc.

308

In any enactment—

(a) any reference to a sentence of imprisonment as including a reference to a sentence of any other form of detention shall be construed as including a reference to a sentence of detention under section 207 of this Act; and

(b) any reference to imprisonment as including any other form of detention shall be construed as including a reference to detention under that section.

Expressions relating to electronic proceedings

308A

(1) In this Act, an “electronic complaint” is a complaint in electronic form which is capable of being—

(a) transmitted by means of electronic communication;

(b) kept in legible form.

(2) In this Act, unless the context otherwise requires—

“electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000 (c. 7);

“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document.

(3) The Scottish Ministers may by order modify the meaning of “electronic signature” provided for in subsection (2) above for the purpose of such provisions of this Act as are specified in the order.

(4) An order under subsection (3) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

Short title, commencement and extent.

309

(1) This Act may be cited as the Criminal Procedure (Scotland) Act 1995.

(2) This Act shall come into force on 1 April 1996.

(3) Subject to subsections (4) and (5) below, this Act extends to Scotland only.

(4) The following provisions of this Act and this section extend to England and Wales—

(5) The following provisions of this Act and this section extend to Northern Ireland—

(6) Section 297(3) and (4) of this Act and this section also extend to the Isle of Man.

SCHEDULE 1

1

Any offence under Part I of the Criminal Law (Consolidation) (Scotland) Act 1995.

1A

Any offence under section 18 (rape of a young child) or 28 (having intercourse with an older child) of the Sexual Offences (Scotland) Act 2009 (asp 9).

1B

Any offence under section 19 (sexual assault on a young child by penetration) or 29 (engaging in penetrative sexual activity with or towards an older child) of that Act.

1C

Any offence under section 20 (sexual assault on a young child) or 30 (engaging in sexual activity with or towards an older child) of that Act.

1D

Any offence under section 42 of that Act (sexual abuse of trust) towards a child under the age of 17 years but only if the condition set out in section 43(6) of that Act is fulfilled.

2

Any offence under section 12, 15, 22 or 33 of the Children and Young Persons (Scotland) Act 1937.

2A

Any offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005 where the person mutilated or, as the case may be, proposed to be mutilated, is a child under the age of 17 years.

2B

Any offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 in relation to an indecent photograph or pseudo-photograph of a child under the age of 17 years.

2C

Any offence under section 1, 9, 10, 11 or 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 in respect of a child under the age of 17 years.

3

Any other offence involving bodily injury to a child under the age of 17 years.

4

Any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.

4A

Any offence under section 5 (coercing a person into being present during a sexual activity), 6 (coercing a person into looking at a sexual image), 7 (communicating indecently etc.), 8 (sexual exposure) or 9 (voyeurism) of the Sexual Offences (Scotland) Act 2009 (asp 9) towards a child under the age of 17 years.

4B

Any offence under any of sections 21 to 26 or 31 to 37 of that Act (certain sexual offences relating to children).

SCHEDULE 2

“A.B.(name and address, that given in the declaration being sufficient), you are indicted at the instance of . . . Her Majesty’s Advocate, and the charge against you is that on 20th 199 , in a shop in George Street, Edinburgh, occupied by John Cruikshank, draper, you did steal a shawl and a boa.”

“.................... You did rob Charles Doyle, a cattle dealer, of Biggar, Lanarkshire, of a watch and chain and £36 of money....................”

“.................... You did break into the house occupied by Andrew Howe, banker’s clerk, and did there steal twelve spoons, a ladle, and a candlestick....................”

“.................... You did force open (or attempt to force open) a lockfast cupboard and did thus attempt to steal therefrom....................”

“.................... You did place your hand in one of the packets of Thomas Kerr, commercial traveller, 115 Main Street, Perth, and did thus attempt to steal....................”

“.................... You did assault Lewis Mann, station-master of Earlston, and compress his throat and attempt to take from him a watch and chain....................”

“.................... You did, while in the employment of James Pentland, accountant in Frederick Street, Edinburgh, embezzle £4,075 of money....................”

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