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

“.................... You did, while acting as commercial traveller to Brown and Company, merchants in Leith, at the times and places specified in the inventory hereto subjoined, receive from the persons therein set forth the respective sums of money therein specified for the said Brown and Company, and did embezzle the same (or did embezzle £470 of money, being part thereof)....................”

“.................... You did pretend to Norah Omond, residing there, that you were a collector of subscriptions for a charitable society, and did thus induce her to deliver to you £15 of money as a subscription thereto, which you appropriated to your own use....................”

“.................... You did reset a watch and chain, pocket book and £15.55 of money, the same having been dishonestly appropriated by theft or robbery....................”

“.................... You did utter as genuine a bill, on which the name of John Jones bore to be signed as acceptor, such signature being forged by (here describe in general terms how the bill was uttered, and add where the bill is produced), and said bill of exchange is No. of the productions lodged herewith....................”

“.................... You did utter as genuine a letter bearing to be a certificate of character of you, as a domestic servant, by Mary Watson, of 15 Bon Accord Street, Aberdeen, what was written above the signature of Mary Watson having been written there by some other person without her authority by handing it to Ellen Chisholm of Panmore Street, Forfar, to whom you were applying for a situation (here add when the letter is produced), and said letter is No. of the productions lodged herewith....................”

“.................... You did utter a cheque signed by Henry Smith for £8 sterling, which had been altered without his authority by adding the letter Y to eight and the figure 0 to figure 8, so as to make it read as a cheque for £80 sterling, by presenting such altered cheque for payment to Allen Brown, Cashier of the Bank of Scotland at Callander (here add when the cheque is produced), and said cheque is No. of the productions lodged herewith....................”

“.................... You did, when examined under section 45 of the Bankruptcy (Scotland) Act 1985 before Hubert Hamilton Esquire, sheriff of the Lothians and Borders, depone (here state the general nature of the false statement), in order to defraud your creditors....................”

“.................... You did, sequestration having been awarded on your estate on the 20th March 1991, conceal property consisting of (here state generally the property concealed), falling under your sequestration, in order to defraud your creditor, by burying it in the garden of your house in Troon Street, Kilmarnock (or by removing it to the house of James Kidd, your son, No. 17 Greek Street, Port-Glasgow)....................”

“.................... You did set fire to a warehouse occupied by Peter Cranston in Holly Lane, Greenock, and the fire took effect on said warehouse, and this you did wilfully (or culpably and recklessly)....................”

“.................... You did set fire to the shop in Brown Street, Blairgowrie, occupied by you, with intent to defraud the Liverpool, London, and Globe Insurance Company, and the fire took effect on said shop....................”

“.................... You did assault Theresa Unwin, your wife, and did beat her and did murder her....................”

“.................... You did stab Thomas Underwood, baker, of Shiels Place, Oban, and did murder him....................”

“.................... You did administer poison to Vincent Wontner, your son, and did murder him....................”

“.................... You did strangle Mary Shaw, mill-worker, daughter of John Shaw, residing at Juniper Green, in the county of Midlothian, and did murder her....................”

“.................... You were delivered of a child now dead or amissing, and you did conceal your pregnancy and did not call for or use assistance at the birth, contrary to the Concealment of Birth (Scotland) Act 1809....................”

“.................... You did assault Hector Morrison, carter, of 20 Buccleuch Street, Dalkeith, and did beat him with your fists and with a stick, and did break his arm....................”

“.................... You did ravish Harriet Cowan, mill-worker, of 27 Tweed Row, Peebles....................”

“.................... You did attempt to ravish Jane Peters, servant, at Glen House, near Dunbar....................”

“.................... You did, when acting as railway signalman, cancel a danger signal and allow a train to enter on a part of the line protected by the signals under your charge, and did cause a collision, and did kill William Peters, commercial traveller, of Brook Street, Carlisle, a passenger in said train....................”

“.................... You formed part of a riotous mob, which, acting of common purpose, obstructed A. B., C. D., and E. F., constables of the Northern constabulary on duty, and assaulted them, and forcibly took two persons whom they had arrested from their custody....................”

“.................... You did, being the lawful husband of Helen Hargreaves, of 20 Teviot Row, Edinburgh, and she being still alive, bigamously marry Dorothy Rose, a widow, of 7 Blacks Row, Brechin, and did cohabit with her as her husband....................”

“.................... You being sworn as a witness in a civil cause, then proceeding in the sheriff court, deponed (here set forth the statements said to be false) the truth as you knew being that (here state the true facts)....................”

“.................... You did suborn James Carruthers, scavenger, 12 Hercles Street, Edinburgh, to depone as a witness in the sheriff court of Edinburgh, that (here set forth the statements said to be false), and he did (time and place) depone to that effect, the truth as you knew being (here state the true facts)....................”

“.................... You did deforce John Macdonald, a sheriff officer of Renfrewshire, and prevent him serving a summons issued by the sheriff of Renfrewshire upon Peter M’Innes, market gardener in Renfrew....................”

SCHEDULE 3

1

An accused may be named and designed—

(a) according to the existing practice; or

(b) by the name given by him and designed as of the place given by him as his residence when he is examined or further examined; or

2

It shall not be necessary to specify by any nomen juris the offence which is charged, but it shall be sufficient that the indictment or complaint sets forth facts relevant and sufficient to constitute an indictable offence or, as the case may be, an offence punishable on complaint.

3

It shall not be necessary to allege that any act or commission or omission charged was done or omitted to be done “wilfully” or “maliciously”, or “wickedly and feloniously”, or “falsely and fraudulently” or “knowingly”, or “culpably and recklessly”, or “negligently”, or in “breach of duty”, or to use such words as “knowing the same to be forged”, or “having good reason to know”, or “well knowing the same to have been stolen”, or to use any similar words or expressions qualifying any act charged, but such qualifying allegation shall be implied in every case.

4

(1) The latitude formerly used in stating time shall be implied in all statements of time where an exact time is not of the essence of the charge.

(2) The latitude formerly used in stating any place by adding to the word “at”, or to the word “in”, the words “or near”, or the words “or in the near neighbourhood thereof” or similar words, shall be implied in all statements of place where the actual place is not of the essence of the charge.

(3) Subject to sub-paragraph (4) below, where the circumstances of the offence charged make it necessary to take an exceptional latitude in regard to time or place it shall not be necessary to set forth the circumstances in the indictment, or to set forth that the particular time or the particular place is to the prosecutor unknown.

(4) Where exceptional latitude is taken as mentioned in sub-paragraph (3) above, the court shall, if satisfied that such exceptional latitude was not reasonable in the circumstances of the case, give such remedy to the accused by adjournment of the trial or otherwise as shall seem just.

(5) Notwithstanding sub-paragraph (4) above, nothing in any rule of law shall prohibit the amendment of an indictment or, as the case may be, a complaint to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused.

(6) The latitude formerly used in describing quantities by the words “or thereby”, or the words “or part thereof”, or the words “or some other quantity to the prosecutor unknown” or similar words, shall be implied in all statements of quantities.

(7) The latitude formerly used in stating details connected with the perpetration of any act regarding persons, things or modes by inserting general alternative statements followed by the words “to the prosecutor unknown” or similar words, shall be implied in every case.

(8) In this paragraph references to latitude formerly used are references to such use before the commencement of—

(a) in the case of proceedings on indictment, the Criminal Procedure (Scotland) Act 1887; and

(b) in the case of summary proceedings, the Summary Jurisdiction (Scotland) Act 1908.

5

The word “money” shall include cheques, banknotes, postal orders, money orders and foreign currency.

6

Any document referred to shall be referred to by a general description and, where it is to be produced in proceedings on indictment, by the number given to it in the list of productions for the prosecution.

7

In an indictment which charges a crime importing personal injury inflicted by the accused, resulting in death or serious injury to the person, the accused may be lawfully convicted of the aggravation that the assault or other injurious act was committed with intent to commit such crime.

8

(1) In an indictment or a complaint charging the resetting of property dishonestly appropriated—

(a) having been taken by theft or robbery; or

(b) by breach of trust, embezzlement or falsehood, fraud and wilful imposition,

it shall be sufficient to specify that the accused received the property, it having been dishonestly appropriated by theft or robbery, or by breach of trust and embezzlement, or by falsehood, fraud and wilful imposition, as the case may be.

(2) Under an indictment or a complaint for robbery, theft, breach of trust and embezzlement or falsehood, fraud and wilful imposition, an accused may be convicted of reset.

(3) Under an indictment or a complaint for robbery, breach of trust and embezzlement, or falsehood, fraud and wilful imposition, an accused may be convicted of theft.

(3A) Under an indictment or a complaint for breach of trust and embezzlement, an accused may be convicted of falsehood, fraud and wilful imposition.

(3B) Under an indictment or a complaint for falsehood, fraud and wilful imposition, an accused may be convicted of breach of trust and embezzlement.

(4) Under an indictment or a complaint for theft, an accused may be convicted of breach of trust and embezzlement, or of falsehood, fraud and wilful imposition, or may be convicted of theft, although the circumstances proved may in law amount to robbery.

(5) The power conferred by sub-paragraphs (2) to (4) above to convict a person of an offence other than that with which he is charged shall be exercisable by the sheriff court before which he is tried notwithstanding that the other offence was committed outside the jurisdiction of that sheriff court.

9

(1) Where two or more crimes or acts of crime are charged cumulatively, it shall be lawful to convict of any one or more of them.

(2) Any part of the charge in an indictment or complaint which itself constitutes an indictable offence or, as the case may be an offence punishable on complaint, shall be separable and it shall be lawful to convict the accused of that offence.

(3) Where any crime is charged as having been committed with a particular intent or with particular circumstances of aggravation, it shall be lawful to convict of the crime without such intent or aggravation.

10

(1) Under an indictment or, as the case may be, a complaint which charges a completed offence, the accused may be lawfully convicted of an attempt to commit the offence.

(2) Under an indictment or complaint charging an attempt, the accused may be convicted of such attempt although the evidence is sufficient to prove the completion of the offence said to have been attempted.

(3) Under an indictment or complaint which charges an offence involving personal injury inflicted by the accused, resulting in death or serious injury to the person, the accused may be lawfully convicted of the assault or other injurious act, and may also be lawfully convicted of the aggravation that the assault or other injurious act was committed with intent to commit such offence.

11

In an indictment or complaint charging a contravention of an enactment the description of the offence in the words of the enactment contravened, or in similar words, shall be sufficient.

12

In a complaint charging a contravention of an enactment—

(a) the statement that an act was done contrary to a enactment shall imply a statement—

(i) that the enactment applied to the circumstances existing at the time and place of the offence;

(ii) that the accused was a person bound to observe the enactment;

(iii) that any necessary preliminary procedure had been duly gone through; and

(iv) that all the circumstances necessary to a contravention existed,

and, in the case of the contravention of a subordinate instrument, such statement shall imply a statement that the instrument was duly made, confirmed, published and generally made effectual according to the law applicable, and was in force at the time and place in question; and

(b) where the offence is created by more than one section of one or more statutes or subordinate instruments, it shall be necessary to specify only the leading section or one of the leading sections.

13

In the case of an offence punishable under any enactment, it shall be sufficient to allege that the offence was committed contrary to the enactment and to refer to the enactment founded on without setting out the words of the enactment at length.

14

Where—

(a) any act alleged in an indictment or complaint as contrary to any enactment is also criminal at common law; or

(b) where the facts proved under the indictment or complaint do not amount to a contravention of the enactment, but do amount to an offence at common law,

it shall be lawful to convict of the common law offence.

15

Where the evidence in a trial is sufficient to prove the identity of any person, corporation or company, or of any place, or of anything, it shall not be a valid objection to the sufficiency of the evidence that any particulars specified in the indictment or complaint relating to such identity have not been proved.

16

Where, in relation to an offence created by or under an enactment any exception, exemption, proviso, excuse, or qualification, is expressed to have effect whether by the same or any other enactment, the exception, exemption, proviso, excuse or qualification need not be specified or negatived in the indictment or complaint, and the prosecution is not required to prove it, but the accused may do so.

17

It shall be competent to include in one indictment or complaint both common law and statutory charges.

18

In any proceedings under the Merchant Shipping Acts it shall not be necessary to produce the official register of the ship referred to in the proceedings in order to prove the nationality of the ship, but the nationality of the ship as stated in the indictment or, as the case may be, complaint shall, in the absence of evidence to the contrary, be presumed.

19

In offences inferring dishonest appropriation of property brought before a court whose power to deal with such offences is limited to cases in which the value of such property does not exceed level 4 on the standard scale it shall be assumed, and it shall not be necessary to state in the charge, that the value of the property does not exceed that sum.

SCHEDULE 4

Part I — Preliminary

1

(1) In this Schedule “supervision and treatment order” means an order requiring the person in respect of whom it is made (“the supervised person”)—

(a) to be under the supervision of a social worker who is an officer of the local authority for the area where the supervised person resides or is to reside (in this Schedule referred to as “the supervising officer”) for such period, not being more than three years, as is specified in the order;

(b) to comply during that period with instructions given to him by the supervising officer regarding his supervision; and

(c) to submit during that period to treatment by or under the direction of a medical practitioner with a view to the improvement of his mental condition.

(2) The Secretary of State may by order amend sub-paragraph (1) above by substituting, for the period for the time being specified in that sub-paragraph, such period as may be specified in the order.

(3) An order under sub-paragraph (2) above may make any amendment to paragraph 8(2) below which the Secretary of State considers necessary in consequence of the order.

(4) The power of the Secretary of State to make orders under sub-paragraph (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Part II — Making and Effect of Orders

Circumstances in which orders may be made

2

(1) The court shall not make a supervision and treatment order unless it is satisfied—

(a) that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the person; and

(b) on the written or oral evidence of two or more approved medical practitioners , that the mental condition of the person—

(i) is such as requires and may be susceptible to treatment; but

(ii) is not such as to warrant the making of an order under paragraph (a) of subsection (2) of section 57 of this Act (whether with or without an order under paragraph (b) of that subsection) or an order under paragraph (c) of that subsection.

(2) The court shall not make a supervision and treatment order unless it is also satisfied—

(a) that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(b) that arrangements have been made for the treatment intended to be specified in the order.

(3) Subsections (3) to (5) of section 61 of this Act shall have effect with respect to proof of a person’s mental condition for the purposes of sub-paragraph (1) above as they have effect with respect to proof of an offender’s mental condition for the purposes of section 58(1)(a) of this Act.

(4) In this Schedule “approved medical practitioner” has the meaning given by section 22(4) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13).

Making of orders and general requirements

3

(1) A supervision and treatment order shall specify the local authority area in which the supervised person resides or will reside.

(2) Before making such an order, the court shall explain to the supervised person in ordinary language—

(a) the effect of the order (including any requirements proposed to be included in the order in accordance with paragraph 5 below); and

(b) that the sheriff court for the area in which the supervised person resides or will reside (in this Schedule referred to as “the relevant sheriff court”) has power under paragraphs 6 to 8 below to review the order on the application either of the supervised person or of the supervising officer.

(3) After making such an order, the court shall forthwith give a copy of the order to—

(a) the supervised person;

(b) the supervising officer;

(bb) the medical practitioner by whom or under whose supervision the supervised person is to be treated under the order; and

(4) After making such an order, the court shall also send to the relevant sheriff court—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to that court in the exercise of its functions in relation to the order.

(5) Where such an order is made, the supervised person shall comply with such instructions as he may from time to time be given by the supervising officer regarding his supervision and shall keep in touch with that officer and notify him of any change of address.

Obligatory requirements as to medical treatment

4

(1) A supervision and treatment order shall include a requirement that the supervised person shall submit, during the period specified in the order, to treatment by or under the direction of a medical practitioner with a view to the improvement of his mental condition.

(2) The treatment required by the order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a non-resident patient at such institution or place as may be specified in the order; and

(b) treatment by or under the direction of such medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(3) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of a supervision and treatment order is of the opinion that part of the treatment can be better or more conveniently given at an institution or place which—

(a) is not specified in the order; and

(b) is one at which the treatment of the supervised person will be given by or under the direction of a medical practitioner,

he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.

(4) Where any such arrangements as are mentioned in sub-paragraph (3) above are made for the treatment of a supervised person—

(a) the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the institution or place at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision and treatment order.

Optional requirements as to residence

5

(1) Subject to sub-paragraphs (2) to (4) below, a supervision and treatment order may include requirements as to the residence of the supervised person.

(2) Such an order may not require the supervised person to reside as a resident patient in a hospital.

(3) Before making such an order containing any such requirement, the court shall consider the home surroundings of the supervised person.

(4) Where such an order requires the supervised person to reside in any institution, the period for which he is so required to reside shall be specified in the order.

Part III — Revocation and Amendment of Orders

Revocation of order in interests of health or welfare

6

Where a supervision and treatment order is in force in respect of any person and, on the application of the supervised person or the supervising officer, it appears to the relevant sheriff court that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the court may revoke the order.

Amendment of order by reason of change of residence

7

(1) This paragraph applies where, at any time while a supervision and treatment order is in force in respect of any person, the relevant sheriff court is satisfied that—

(a) the supervised person proposes to change, or has changed, his residence from the area specified in the order to the area of another local authority;

(b) a social worker who is an officer of the other local authority (“the new supervising officer”) is willing to undertake the supervision; and

(2) Subject to sub-paragraph (3) below the court may, and on the application of the supervising officer shall, amend the supervision and treatment order by substituting the other area for the area specified in the order and the new supervising officer for the supervising officer specified in the order.

(3) Where a supervision and treatment order contains requirements which, in the opinion of the court, can be complied with only if the supervised person continues to reside in the area specified in the order, the court shall not amend the order under this paragraph unless it also, in accordance with paragraph 8 below, either—

(a) cancels those requirements; or

(b) substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.

Amendment of requirements of order

8

(1) Without prejudice to paragraph 7 above, but subject to sub-paragraph (2) below, the relevant sheriff court may, on the application of the supervised person or the supervising officer, by order amend a supervision and treatment order—

(a) by cancelling any of the requirements of the order; or

(b) by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were the court by which the order was made and were then making it.

(2) The power of the court under sub-paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of three years from the date of the original order.

Amendment of requirements in pursuance of medical report

9

(1) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision and treatment order—

(a) is of the opinion mentioned in sub-paragraph (2) below; or

(b) is for any reason unwilling to continue to treat or direct the treatment of the supervised person,

he shall make a report in writing to that effect to the supervising officer and that officer shall apply under paragraph 8 above to the relevant sheriff court for the variation or cancellation of the requirement.

(2) The opinion referred to in sub-paragraph (1) above is—

(a) that the treatment of the supervised person should be continued beyond the period specified in the supervision and treatment order;

(b) that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;

(d) that the supervised person does not require further treatment.

Supplemental

10

(1) On the making under paragraph 6 above of an order revoking a supervision and treatment order, the sheriff clerk shall forthwith give a copy of the revoking order to the supervising officer and to the medical practitioner by whom or under whose supervision the supervised person was treated under the supervision and treatment order.

(2) On receipt of a copy of the revoking order the supervising officer shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person was required by the order to reside.

11

(1) On the making under paragraph 7 or 8 above of an order amending a supervision and treatment order, the sheriff clerk shall forthwith—

(a) if the order amends the supervision and treatment order otherwise than by substituting a new area or a new place for the one specified in that order, give a copy of the amending order to the supervising officer and to the medical practitioner by whom or under whose supervision the supervised person has been treated under the supervision and treatment order;

(b) if the order amends the supervision and treatment order in the manner excepted by paragraph (a) above, send to the new relevant sheriff court—

(i) a copy of the amending order; and

(ii) such documents and information relating to the case as he considers likely to be of assistance to that court in exercising its functions in relation to the order;

and in a case falling within paragraph (b) above, the sheriff clerk shall give a copy of the amending order to the supervising officer.

(2) On receipt of a copy of an amending order the supervising officer shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is or was required by the order to reside.

12

On the making, revocation or amendment of a supervision and treatment order the supervising officer shall give a copy of the order or, as the case may be, of the order revoking or amending it, to the Mental Welfare Commission for Scotland.

SCHEDULE 5

The following Forms are additional to those contained in Schedule 2 to this Act, all of which, in so far as applicable to charges which may be tried summarily, are deemed to be incorporated in this Schedule:—

You did assault A.L. and strike him with your fists.

You did conduct yourself in a disorderly manner and commit a breach of the peace.

You did threaten violence to the lieges and commit a breach of the peace.

You did fight and commit a breach of the peace.

You did publicly expose your person in a shameless and indecent manner in presence of the lieges.

You did obtain from A.N. board and lodging to the value of £16 without paying and intending not to pay therefor.

You did maliciously knock down 20 metres of the coping of a wall forming the fence between two fields on the said farm.

You did maliciously place a block of wood on the railway line and attempt to obstruct a train.

You did drive a horse and cart recklessly to the danger of the lieges.

You did break into a poultry house and steal three fowls.

You did steal a coat which you obtained from R.O. on the false representation that you had been sent for it by her husband.

having received from D.G. £6 to hand to E.R., you did on(date) at(place) steal the said sum.

having received from G.R. a watch in loan, you did on at , sell it to E.G., and steal it.

having found a watch, you did, without trying to discover its owner, sell it on at , to O.R., and steal it.

You did acquire from K.O., a private in the Third Battalion a military jacket and waist belt, contrary to section 195 of the Army Act 1955.

You, being a person whose estate has been sequestrated, did obtain credit from W.A. to the extent of £260 without informing him that your estate had been sequestrated and that you had not received your discharge, contrary to section 67(9) of the Bankruptcy (Scotland) Act 1985.

You, being the occupier of the said house, did use the same for the purpose of betting with persons resorting thereto, contrary to section 1 of the Betting, Gaming and Lotteries Act 1963.

You did frequent and loiter in the said street for the purpose of betting and receiving bets, contrary to section 8 of the Betting, Gaming and Lotteries Act 1963.

You did assault L.S., a constable of the Police, while engaged in the execution of his duty, and with a stick strike him on the face to the great effusion of blood contrary to section 41 of the Police (Scotland) Act 1967.

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

You did wilfully neglect your children K.I., aged seven years; J.I., aged five years; and H.I., aged three years, by failing to provide them with adequate food and clothing, and by keeping them in a filthy and verminous condition, contrary to section 12 of the Children and Young Persons (Scotland) Act 1937.

You are the owner of a dog which is dangerous and not kept under proper control, and which on in did chase a flock of sheep, contrary to section 2 of the Dogs Act 1871, section 2, as amended by section 1 of the Dogs Act 1906, whereby you are liable to be ordered to keep the said dog under proper control or to destroy it.

You, being a parent of D.U., a child of school age, aged , who has attended school, and the said child having failed, between and , without reasonable excuse, to attend regularly at the said school, you are thereby guilty of an offence against section 35 of the Education (Scotland) Act 1980.

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

You did sell and deliver to N.C. to his prejudice an article of food namely; gallons of sweet milk which was not of the nature, substance and quality of the article demanded by him and was not genuine sweet milk in respect that it was deficient in milk fat to the extent of per cent, or thereby in that it contained only per cent, of milk fat, conform to certificate of analysis granted on (date) by A.N. analytical chemist (address), public analyst for (a copy of which certificate of analysis is annexed hereto) of a sample of the said milk taken (specify time and place) by L.O., duly appointed sampling officer for , acting under the direction of the local authority for the said burgh, while the said milk was in course of delivery to the said N.C. contrary to the Food Act 1984, and the Sale of Milk Regulations 1901.

You did take part in gaming in the street contrary to sections 5 and 8 of the Gaming Act 1968.

...

You did present or cause to be presented to W.E., Assessors for a return in which you falsely stated that the yearly rent of your House. No. Street, , was £20, instead of £30, contrary to section 7 of the Lands Valuation (Scotland) Act 1854.

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

You did drive a motor car recklessly contrary to section 2 of the Road Traffic Act 1988.

You did act as a pedlar without having obtained a certificate, contrary to section 4 of the Pedlars’ Act 1871.

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

You did travel in a railway carriage without having previously paid your fare, and with intent to avoid payment thereof, contrary to section 5(3)(a) of the Regulation of Railways Act 1889.

having on within the house No. Street, given birth to a female child, you did fail, within twenty-one days thereafter, to attend personally and give information to C.W., registrar of births, deaths, and marriages for (Registration District), of the particulars required to be registered concerning the birth, contrary to sections 14 and 53 of the Registration of Births, Deaths, and Marriages (Scotland) Act 1965.

You did take two salmon during the annual close time by means of cobles and sweep nets, contrary to section 15 of the Salmon Fisheries (Scotland) Act 1868.

You had in your possession for use for trade a counter balance which was false, and two weights, which were unjust, contrary to the Weights and Measures Act 1985, section 17.

SCHEDULE 5ZA

PART 1 — Terrorism offences

Terrorism Act 2000

1

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing a terrorist organisation);

Terrorism Act 2006

2

An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(d) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(e) section 11 (terrorist threats relating to radioactive devices etc).

Ancillary offences

3

(1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

PART 2 — Other offences (in case where aggravated by having a terrorist connection under section 31 of the counter-terrorism act 2008)

Common law offences

4

Culpable homicide.

5

Abduction.

6

Assault by explosive device.

7

Assault to severe injury.

8

Assault and poisoning.

9

Poisoning.

10

Robbery.

11

Assault with intent to rob.

12

Wilful fire-raising.

13

Malicious mischief.

Explosive Substances Act 1883

14

An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Firearms Act 1968

15

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

Biological Weapons Act 1974

16

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

Taking of Hostages Act 1982

17

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982

18

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

19

An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).

Criminal Justice Act 1988

20

An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990

21

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

Channel Tunnel (Security) Order 1994

22

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Chemical Weapons Act 1996

23

An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).

Anti-terrorism, Crime and Security Act 2001

24

An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

International Criminal Court (Scotland) Act 2001 (asp 13)

25

An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)

26

An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a) section 1 (human trafficking);

(b) section 4 (slavery, servitude and forced or compulsory labour).

Space Industry Act 2018

27

An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).

Ancillary offences

28

(1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

29

(1) An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.

SCHEDULE 5ZB

Part 1 — Terrorism Offences

Terrorism Act 2000

1

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed organisation);

(d) section 16 (use of money or property for terrorist purposes);

(e) section 17 (involvement in terrorist funding arrangements);

(f) section 17A (insuring payments made in response to terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of terrorism);

(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);

(l) section 54 (weapons training);

(m) section 56 (directing a terrorist organisation);

(n) section 57 (possession of article for terrorist purposes);

(o) section 58 (collection of information likely to be of use to a terrorist);

(p) section 58A (publishing information about members of the armed forces etc);

(q) section 58B (entering or remaining in a designated area);

(r) section 61 (inciting terrorism overseas).

Anti-terrorism, Crime and Security Act 2001

2

An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substances to harm or intimidate).

Terrorism Act 2006

3

An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices etc).

Counter-Terrorism Act 2008

4

An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

Terrorism Prevention and Investigation Measures Act 2011

5

An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

Counter-Terrorism and Security Act 2015

6

An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

Ancillary offences

7

(1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

Abolished offences

8

An offence that—

(a) was abolished before the coming into force of this Part of this Schedule, and

(b) if committed on the day on which this Part of this Schedule came into force, would have constituted an offence specified in the preceding paragraphs of this Part of this Schedule.

Part 2 — Offences involving or connected with a threat to national security

Official Secrets Act 1911

9

An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

10

An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

11

An offence under any of the following provisions of the National Security Act 2023—

(a) section 1 (obtaining or disclosing protected information);

(b) section 2 (obtaining or disclosing trade secrets);

(d) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e) section 12 (sabotage);

(f) section 13 (foreign interference);

(g) section 17 (obtaining etc material benefits from a foreign intelligence service);

(h) section 18 (preparatory conduct);

(i) section 56 (offences relating to Part 2 notices);

(j) section 65 (requirement to register foreign activity arrangements);

(k) section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l) section 68 (failure to register relevant activities of specified persons);

(m) section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n) section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o) section 77(1) or (2) (provision of false information);

(p) section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

12

An offence—

(a) to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b) in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Ancillary offences

13

(1) An attempt to commit an offence specified in the preceding paragraphs of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

Certain other offences where foreign power condition met

14

An offence, other than one for which the sentence is fixed by law as life imprisonment—

(a) which is punishable on indictment with imprisonment for more than 2 years, and

(b) in relation to which section 21 of the National Security Act 2023 applies (aggravating factor where foreign power condition met: Scotland).

SCHEDULE 5ZC

PART 1 — Terrorism offences

Terrorism Act 2000

1

An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed organisation);

(d) section 56 (directing a terrorist organisation);

(e) section 57 (possession of article for terrorist purposes);

(f) section 58 (collection of information likely to be of use to a terrorist);

(g) section 58A (publishing information about members of the armed forces etc);

(h) section 58B (entering or remaining in a designated area);

(i) section 61 (inciting terrorism overseas).

Anti-Terrorism, Crime and Security Act 2001

2

An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substances to harm or intimidate).

Terrorism Act 2006

3

An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices etc).

Ancillary offences

4

(1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

PART 2 — Other offences (in case where aggravated by having a terrorist connection under section 31 of the counter-terrorism act 2008)

Common law offences

5

Culpable homicide.

6

Abduction.

7

Assault by explosive device.

8

Assault to severe injury.

9

Assault and poisoning.

10

Poisoning.

11

Robbery.

12

Assault with intent to rob.

13

Wilful fire-raising.

14

Malicious mischief.

Explosive Substances Act 1883

15

An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Firearms Act 1968

16

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

Biological Weapons Act 1974

17

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

Taking of Hostages Act 1982

18

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982

19

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

20

An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).

Criminal Justice Act 1988

21

An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990

22

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

Channel Tunnel (Security) Order 1994

23

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Chemical Weapons Act 1996

24

An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).

Anti-terrorism, Crime and Security Act 2001

25

An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

International Criminal Court (Scotland) Act 2001 (asp 13)

26

An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)

27

An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a) section 1 (human trafficking);

(b) section 4 (slavery, servitude and forced or compulsory labour).

Space Industry Act 2018

28

An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).

Ancillary offences

29

(1) An attempt to commit an offence specified in the preceding paragraphs of this Part (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) Incitement to commit a listed offence.

(4) Aiding, abetting, counselling or procuring the commission of a listed offence.

30

(1) An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.

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SCHEDULE 7

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SCHEDULE 8

Production of copy documents

1

(1) For the purposes of any criminal proceedings a copy of, or of a material part of, a document, purporting to be authenticated in such manner and by such person as may be prescribed, shall unless the court otherwise directs, be—

(a) deemed a true copy; and

(b) treated for evidential purposes as if it were the document, or the material part, itself,

whether or not the document is still in existence.

(2) For the purposes of this paragraph it is immaterial how many removes there are between a copy and the original.

(3) In this paragraph “copy” includes a transcript or reproduction.

Statements in business documents

2

(1) Except where it is a statement such as is mentioned in paragraph 3(b) and (c) below, a statement in a document shall be admissible in criminal proceedings as evidence of any fact or opinion of which direct oral evidence would be admissible, if the following conditions are satisfied—

(a) the document was created or received in the course of, or for the purposes of, a business or undertaking or in pursuance of the functions of the holder of a paid or unpaid office;

(b) the document is, or at any time was, kept by a business or undertaking or by or on behalf of the holder of such an office; and

(c) the statement was made on the basis of information supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in it.

(2) Sub-paragraph (1) above applies whether the information contained in the statement was supplied directly or indirectly unless, in the case of information supplied indirectly, it appears to the court that any person through whom it was so supplied did not both receive and supply it in the course of a business or undertaking or as or on behalf of the holder of a paid or unpaid office.

(3) Where in any proceedings a statement is admitted as evidence by virtue of this paragraph—

(a) any evidence which, if—

(i) the maker of the statement; or

(ii) where the statement was made on the basis of information supplied by another person, such supplier,

had been called as a witness, would have been admissible as relevant to the witness’s credibility shall be so admissible in those proceedings;

(b) evidence may be given of any matter which, if the maker or as the case may be the supplier had been called as a witness, could have been put to him in cross-examination as relevant to his credibility but of which evidence could not have been adduced by the cross-examining party; and

(c) evidence tending to prove that the maker or as the case may be the supplier, whether before or after making the statement or supplying the information on the basis of which the statement was made, made (in whatever manner) some other representation which is inconsistent with the statement shall be admissible for the purpose of showing that he has contradicted himself.

(4) In sub-paragraph (3)(c) above, “representation” does not include a representation in a precognition.

3

A statement in a document shall be admissible in criminal proceedings as evidence of the fact that the statement was made if—

(a) the document satisfies the conditions mentioned in sub-paragraph (1)(a) and (b) of paragraph 2 above;

(b) the statement is made, whether directly or indirectly, by a person who in those proceedings is an accused; and

Documents kept by businesses etc.

4

Unless the court otherwise directs, a document may in any criminal proceedings be taken to be a document kept by a business or undertaking or by or on behalf of the holder of a paid or unpaid office if it is certified as such by a docquet in the prescribed form and purporting to be authenticated, in such manner as may be prescribed—

(a) by a person authorised to authenticate such a docquet on behalf of the business or undertaking by which; or

(b) by, or by a person authorised to authenticate such a docquet on behalf of, the office-holder by whom,

the document was kept.

Statements not contained in business documents

5

(1) In any criminal proceedings, the evidence of an authorised person that—

(a) a document which satisfies the conditions mentioned in paragraph 2(1)(a) and (b) above does not contain a relevant statement as to a particular matter; or

(b) no document, within a category of documents satisfying those conditions, contains such a statement,

shall be admissible evidence whether or not the whole or any part of that document or of the documents within that category and satisfying those conditions has been produced in the proceedings.

(2) For the purposes of sub-paragraph (1) above, a relevant statement is a statement which is of the kind mentioned in paragraph 2(1)(c) above and which, in the ordinary course of events—

(a) the document; or

(b) a document within the category and satisfying the conditions mentioned in that sub-paragraph,

might reasonably have been expected to contain.

(3) The evidence referred to in sub-paragraph (1) above may, unless the court otherwise directs, be given by means of a certificate by the authorised person in the prescribed form and purporting to be authenticated in such manner as may be prescribed.

(4) In this paragraph, “authorised person” means a person authorised to give evidence—

(a) on behalf of the business or undertaking by which; or

(b) as or on behalf of the office-holder by or on behalf of whom,

the document is or was kept.

Additional evidence where evidence from business documents challenged

6

(1) This sub-paragraph applies where—

(a) evidence has been admitted by virtue of paragraph 2(3) above; or

(b) the court has made a direction under paragraph 1(1), 4 or 5(3) above.

(2) Where sub-paragraph (1) above applies the judge may, without prejudice to sections 268 and 269 of this Act—

(a) in solemn proceedings, on a motion of the prosecutor or defence at any time before the commencement of the speeches to the jury;

(b) in summary proceedings, on such a motion at any time before the prosecutor proceeds to address the judge on the evidence,

permit him to lead additional evidence of such description as the judge may specify.

(3) Subsections (3) and (4) of section 268 of this Act shall apply in relation to sub-paragraph (2) above as they apply in relation to subsection (1) of that section.

General

7

(1) Nothing in this Schedule—

(a) shall prejudice the admissibility of a statement made by a person other than in the course of giving oral evidence in court which is admissible otherwise than by virtue of this Schedule;

(b) shall affect the operation of the Bankers’ Books Evidence Act 1879;

(i) proceedings commenced; or

(ii) where the proceedings consist of an application to the sheriff by virtue of section 42(2)(c) of the Social Work (Scotland) Act 1968, an application made,

before this Schedule comes into force.

(2) For the purposes of sub-paragraph (1)(c)(i) above, solemn proceedings are commenced when the indictment is served.

8

In this Schedule—

“business” includes trade, profession or other occupation;

“criminal proceedings” includes any hearing by the sheriff of an application made by virtue of section 93(2)(a) or 94(2)(a) of the Children’s Hearings (Scotland) Act 2011 (asp 1) to determine whether a ground is established, in so far as the application relates to the commission of an offence by the child, or for a review of such a determination,

“document” includes, in addition to a document in writing—any map, plan, graph or drawing;any photograph;any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable, with or without the aid of some other equipment, of being reproduced therefrom; andany film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being produced therefrom;

“film”includes a microfilm;

“made” includes allegedly made;

“prescribed” means prescribed by Act of Adjournal;

“statement” includes any representation (however made or expressed) of fact or opinion, including an instruction, order or request, but, except in paragraph 7(1)(a) above, does not include a statement which falls within one or more of the following descriptions—a statement in a precognition;a statement made for the purposes of or in connection with—pending or contemplated criminal proceedings; ora criminal investigation; ora statement made by an accused person in so far as it incriminates a co-accused; and

“undertaking” includes any public or statutory undertaking, any local authority and any government department.

SCHEDULE 9

That the particular item identified in the certificate is—

SCHEDULE 9A

Membership

1

Her Majesty shall, on the recommendation of the Secretary of State, appoint one of the members of the Commission to be the chairman of the Commission.

2

(1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Commission, or as chairman of the Commission, in accordance with the terms of his appointment.

(2) An appointment as a member of the Commission may be full-time or part-time.

(3) The appointment of a person as a member of the Commission, or as chairman of the Commission, shall be for a fixed period of not longer than five years.

(4) Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Commission, or as chairman of the Commission, expires shall be eligible for re-appointment.

(5) No person may hold office as a member of the Commission for a continuous period which is longer than ten years.

(6) A person may at any time resign his office as a member of the Commission, or as chairman of the Commission, by notice in writing addressed to Her Majesty.

(7) Her Majesty may at any time remove a person from office as a member of the Commission if satisfied—

(a) that he has without reasonable excuse failed to discharge his functions as a member for a continuous period of three months beginning not earlier than six months before that time;

(b) that he has been convicted of a criminal offence;

(c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(d) that he is unable or unfit to discharge his functions as a member.

(8) If the chairman of the Commission ceases to be a member of the Commission he shall also cease to be chairman.

Members and employees

3

(1) The Commission shall—

(a) pay to members of the Commission such remuneration;

(b) pay to or in respect of members of the Commission any such allowances, fees, expenses and gratuities; and

as the Commission are required to pay by or in accordance with directions given by the Secretary of State.

(2) Where a member of the Commission was, immediately before becoming a member, a participant in a scheme under section 1 of the Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c) above.

(3) Where—

(a) a person ceases to hold office as a member of the Commission otherwise than on the expiry of his term of appointment; and

(b) it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation,

the Secretary of State may direct the Commission to make to him a payment of such amount as the Secretary of State may determine.

4

(1) The Commission may appoint a chief executive and such other employees as the Commission think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service.

(2) The Commission shall—

(a) pay to employees of the Commission such remuneration; and

(b) pay to or in respect of employees of the Commission any such allowances, fees, expenses and gratuities,

as the Commission may, with the consent of the Secretary of State, determine.

(3) Employment by the Commission shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply.

5

The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Procedure

6

(1) The arrangements for the procedure of the Commission (including the quorum for meetings) shall be such as the Commission may determine.

(2) The arrangements may provide for the discharge, under the general direction of the Commission, of any function of the Commission—

(a) in the case of the function specified in sub-paragraph (3) below, by a committee consisting of not fewer than three members of the Commission; and

(b) in any other case, by any committee of, or by one or more of the members or employees of, the Commission.

(3) The function referred to in sub-paragraph (2)(a) above is making a reference to the High Court under section 194B of this Act.

(4) The validity of any proceedings of the Commission (or of any committee of the Commission) shall not be affected by—

(a) any vacancy among the members of the Commission or in the office of chairman of the Commission; or

(b) any defect in the appointment of any person as a member of the Commission or as chairman of the Commission.

(5) Where—

(a) a document or other material has been produced to the Commission under section 194I of this Act, or they have been given access to a document or other material under that section, and the Commission have taken away the document or other material (or a copy of it); and

(b) the person who produced the document or other material to the Commission, or gave them access to it, has notified the Commission that he considers that its disclosure to others may be contrary to the interests of national security,

the Commission shall, after consulting that person, deal with the document or material (or copy) in a manner appropriate for safeguarding the interests of national security.

Evidence

7

A document purporting to be—

(a) duly executed under the seal of the Commission; or

(b) signed on behalf of the Commission,

shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Annual reports and accounts

8

(1) As soon as possible after the end of each financial year of the Commission, the Commission shall send to the Secretary of State a report on the discharge of their functions during that year.

(2) Such a report may include an account of the working of the provisions of Part XA of this Act and recommendations relating to any of those provisions.

(3) The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under sub-paragraph (1).

9

(1) The Commission shall—

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year of the Commission.

(2) The statement of accounts shall contain such information and shall be in such form as the Secretary of State may . . . direct.

(3) The Commission shall send . . . the statement of accounts to the Secretary of State . . . within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(3A) The Scottish Ministers shall send the statement of accounts to the Auditor General for Scotland for auditing.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

For the purposes of this Schedule the Commission’s financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Commission shall be the period beginning with the date of establishment of the Commission and ending with the first 31st March which falls at least six months after that date.

Expenses

11

The Secretary of State shall defray the expenses of the Commission up to such amount as may be approved by him.

SCHEDULE 10

Night Poaching Act 1828 (c. 69)

1

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

Public Meeting Act 1908 (c.66)

2

Offences under section 1(1) of the Public Meeting Act 1908 (endeavour to break up a public meeting).

Post Office Act 1953 (c. 36)

3

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

Betting, Gaming and Lotteries Act 1963 (c. 2)

4

Offences under the following provisions of the Betting, Gaming and Lotteries Act 1963—

(a) section 7 (restriction of betting on dog racecourses);

(b) section 10(5) (advertising licensed betting offices);

(c) section 11(6) (person holding bookmaker’s or betting agency permit employing a person disqualified from holding such a permit);

(d) section 18(2) (making unauthorised charges to bookmakers on licensed track);

(e) section 19 (occupiers of licensed tracks not to have any interest in bookmaker thereon);

(f) section 21 (betting with young persons); and

(g) section 22 (betting circulars not to be sent to young persons).

Theatres Act 1968 (c.54)

5

Offences under section 6 of the Theatres Act 1968 (provocation of breach of the peace by means of public performance of play).

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

6

Offences under section 12(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (allowing child under 16 to be in brothel).

SCHEDULE 11

Person residing in Scotland

1

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

Person having property et ceteralaetc. in Scotland

2

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

Person having property et ceteralaetc. in Scotland and England and Wales

3

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

Person having property et ceteralaetc. in Scotland and Northern Ireland

4

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

Person having property et ceteralaetc. in Scotland and England and Wales and Northern Ireland

5

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

Interpretation

6

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

7

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

SCHEDULE 12

PART 1 — THE GROUNDS FOR REFUSAL

1

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

2

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

3

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

4

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

5

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

5A

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

6

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

6A

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

7

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

PART 2 — EUROPEAN FRAMEWORK LIST (FINANCIAL PENALTIES)

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

35

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

36

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

37

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

38

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

39

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

40

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

41

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

42

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

43

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

44

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

45

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

46

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

PART 3 — INTERPRETATION

47

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

SCHEDULE13

PART 1 — ENGLAND AND WALES

1

(1) This paragraph applies where the court is considering imposing a community payback order under section227A of this Act on an offender who—

(a) resides in England and Wales, or

(b) when the order takes effect, will reside in England and Wales.

(2) The court must not impose the order unless—

(a) the offender has attained the age of 16 years, and

(b) the court is satisfied that arrangements have been, or can be, made in the relevant area—

(i) for the offender to comply with the requirements imposed by the order in accordance with arrangements that exist in the relevant area for offenders to comply with the same or broadly similar requirements imposed by the corresponding order, and

(ii) for the appointment of a responsible officer.

2

(1) This paragraph applies where—

(a) an offender on whom a community payback order has been imposed under section227A of this Act proposes to change, or has changed, residence to a locality in England and Wales (“the new locality”), and

(b) the court is considering varying the order so as to specify the relevant area in which the offender resides or will reside.

(2) The court must not vary the order unless—

(a) the offender has attained the age of 16 years, and

(b) the court is satisfied as mentioned in paragraph 1(2)(b).

(3) If the court considers that a requirement (“the requirement concerned”) imposed by the order cannot be complied with if the offender resides in the new locality, the court must not vary the order so as to specify the relevant area unless it also varies the order so as to—

(a) revoke or discharge the requirement concerned, or

(b) substitute for the requirement concerned another requirement that can be so complied with.

(4) The court must not make a variation under sub-paragraph (3) unless it is satisfied as mentioned in paragraph 1(2)(b) (reading the reference there to the order as a reference to the order as proposed to be varied).

3

(1) This paragraph applies where the court is considering—

(a) imposing a community payback order by virtue of paragraph 1, or

(b) varying a community payback order by virtue of paragraph 2.

(2) Before imposing or, as the case may be, varying the order, the court must explain to the offender in ordinary language—

(a) the requirements of the legislation relating to the corresponding order,

(b) the powers of the home court under that legislation and this Schedule, and

(3) The court must not impose or, as the case may be, vary the order unless the offender has, after the court has explained those matters, confirmed that the offender—

(a) understands those matters, and

(b) is willing to comply with the requirements referred to in sub-paragraph (2)(a).

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