Change 1 Article Choose an article Title and introductory text 1 Judges in the High Court. 2 Fixing of High Court sittings. 3 Jurisdiction and powers of solemn courts. 4 Territorial jurisdiction of sheriff. 5 The sheriff: summary jurisdiction and powers. 5B National jurisdiction for callings of custody cases in a sheriff court 5C National jurisdiction for cases in a sheriff court after failure to appear 5D Further provision about national jurisdiction of sheriff courts 5E Interpretation of sections 5B to 5D 6 JP courts: constitution and prosecutor. 7 JP courts: jurisdiction and powers. 7A National jurisdiction for callings of custody cases in a JP court 7B National jurisdiction for cases in a JP court after failure to appear 7C Further provision about national jurisdiction of JP courts 7D Interpretation of sections 7A to 7C 8 Sittings of sheriff and JP courts. 9 Boundaries of jurisdiction. 9A Competence of justice's actings outwith jurisdiction 10 Crimes committed in different districts. 10A Jurisdiction for transferred cases 11 Certain offences committed outside Scotland. 11A Conspiracy to commit offences outwith Scotland 12 Instructions by Lord Advocate as to reporting of offences. 13 Powers relating to suspects and potential witnesses. 14 Detention and questioning at police station. 14A Extension of period of detention under section 14 14B Extension under section 14A: procedure 15 Right of persons arrested or detained to have intimation sent to another person 15A Right of suspects to have access to a solicitor 16 Drunken persons: power to take to designated place. 17 Right of accused to have access to solicitor. 17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest 18 Prints, samples etc. in criminal investigations. 18A Retention of samples etc. : prosecutions for sexual and violent offences 18B Retention of samples etc. where offer under sections 302 to 303ZA accepted 18C Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences 18D Retention of samples etc. taken or provided in connection with certain fixed penalty offences 18E Retention of samples etc.: children referred to children's hearings 18F Retention of samples etc. relating to children: appeals 18G Retention of samples etc: national security 18GA Retention of further fingerprints 18H Retention of samples etc.: extradition 19 Prints, samples etc. in criminal investigations: supplementary provisions. 19A Samples etc. from persons convicted of sexual and violent offences. 19AA Samples etc. from sex offenders 19AB Section 19AA: supplementary provision in sexual risk order cases 19B Power of constable in obtaining relevant physical data etc. 19C Sections 18 and 19 to 19AA: use of samples etc. 20 Use of prints, samples etc. 20A Arrested persons: testing for certain Class A drugs 20B Section 20A: supplementary 21 Schedule 1 offences: power of constable to take offender into custody. 22 Liberation by police. 22ZA Offences where undertaking breached 22ZB Evidential and procedural provision 22A Consideration of bail on first appearance 23 Bail applications. 23A Bail and liberation where person already in custody 23B Entitlement to bail and the court's function 23C Grounds relevant as to question of bail 23D Restriction on bail in certain solemn cases 24 Bail and bail conditions. 24A Bail conditions: remote monitoring of restrictions on movements 24B Regulations as to power to impose remote monitoring requirements under section 24A 24C Monitoring of compliance in pursuance of requirements imposed under section 24A 24D Remote monitoring 24E Documentary evidence in proceedings for breach of bail conditions being remotely monitored 24F Bail: extradition proceedings 25 Bail conditions: supplementary. 25A Failure to accept conditions of bail under section 65(8C): continued detention of accused 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Breach of bail conditions: offences. 28 Breach of bail conditions: arrest of offender, etc. 28A Application of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28 29 Bail: monetary conditions. 30 Bail review. 31 Bail review on prosecutor’s application. 32 Bail appeal. 32A Bail after conviction: prosecutor's attitude 33 Bail: no fees exigible. 34 Petition for warrant. 34A Petition proceedings outwith sheriffdom 35 Judicial examination. 36 Judicial examination: questioning by prosecutor. 37 Judicial examination: record of proceedings. 38 Judicial examination: rectification of record of proceedings. 39 Judicial examination: charges arising in different districts. 40 Committal until liberated in due course of law. 41 Age of criminal responsibility 41A Prosecution of children under 12 42 Prosecution of children. 43 Arrangements where children arrested. 44 Detention of children. 44A Appeal against detention in secure accommodation 45 Security for child’s good behaviour. 46 Presumption and determination of age of child. 47 Restriction on report of proceedings involving children. 48 Power to refer certain children to reporter. 49 Reference or remit to children’s hearing. 50 Children and certain proceedings. 51 Remand and committal of children and young persons. 51A Criminal responsibility of persons with mental disorder 51B Diminished responsibility 52 Power of court to commit to hospital an accused suffering from mental disorder. 52A Remit of certain mentally disordered persons from district court to sheriff court 52B Prosecutor’s power to apply for assessment order 52C Scottish Ministers' power to apply for assessment order 52D Assessment order 52E Assessment order made ex proprio motu: application of section 52D 52F Assessment order: supplementary 52G Review of assessment order 52H Early termination of assessment order 52J Power of court on assessment order ceasing to have effect 52K Prosecutor’s power to apply for treatment order 52L Scottish Ministers' power to apply for treatment order 52M Treatment order 52N Treatment order made ex proprio motu: application of section 52M 52P Treatment order: supplementary 52Q Review of treatment order 52R Termination of treatment order 52S Power of court on treatment order ceasing to have effect 52T Prevention of delay in trials: assessment orders and treatment orders 52U Effect of assessment order and treatment order on pre-existing mental health order 53 Interim compulsion order. 53A Interim compulsion order: supplementary 53B Review and extension of interim compulsion order 53C Early termination of interim compulsion order 53D Power of court on interim compulsion order ceasing to have effect 53E Acquittal involving mental disorder 53F Unfitness for trial 54 Unfitness for trial: further provision . 55 Examination of facts. 56 Examination of facts: supplementary provisions. 57 Disposal of case where accused found not criminally responsible or unfit for trial. 57A Compulsion order 57B Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision 57C Mental health officer’s report 57D Compulsion order: supplementary 58 Order for hospital admission or guardianship. 58A Application of Adults with Incapacity (Scotland) Act 2000 59 Hospital orders: restrictions on discharge. 59A Hospital direction 59B Hospital direction: mental health officer’s report 59C Hospital direction: supplementary 60 Appeals against hospital orders. 60A Appeal by prosecutor against hospital orders etc. 60B Intervention orders 60C Acquitted persons: detention for medical examination 60D Notification of detention under section 60C 61 Requirements as to medical evidence. 61A Transfer of person to suitable hospital 61B Specification of hospital unit 62 Appeal by accused not criminally responsible or unfit for trial . 63 Appeal by prosecutor where accused found not criminally responsible or unfit for trial. 64 Prosecution on indictment. 65 Prevention of delay in trials. 66 Service and lodging of indictment, etc. 67 Witnesses. 67A Failure of witness to attend for, or give evidence on, precognition. 68 Productions. 69 Notice of previous convictions. 70 Proceedings against organisations. 70A Defence statements 70B Solemn proceedings against children 71 First diet. 71A Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence 71B First diet: appointment of trial diet 71C Written record of state of preparation: sheriff court 72 Preliminary hearing: procedure up to appointment of trial diet 72A Preliminary hearing: appointment of trial diet 72B Power to dispense with preliminary hearing 72C Procedure where preliminary hearing does not proceed 72D Preliminary hearing: further provision 72E Written record of state of preparation in certain cases 72F Engagement, dismissal and withdrawal of solicitor representing accused 72G Service etc. on accused through a solicitor 73 Preliminary diet: procedure. 74 Appeals in connection with preliminary diets. 75 Computation of certain periods. 75A Adjournment and alteration of diets 75B Refixing diets: non-sitting days 75C Refixing diets: non-suitable days 76 Procedure where accused desires to plead guilty. 77 Plea of guilty. 78 Special defences, incrimination and notice of witnesses, etc. 79 Preliminary pleas and preliminary issues. 79A Objections to admissibility of evidence raised after first diet or preliminary hearing 80 Alteration and postponement of trial diet. 81 Procedure where trial diet does not proceed. 82 Desertion or postponement where accused in custody. 83 Transfer of sheriff court solemn proceedings. 83ZA Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal 83A Continuation of trial diet in the High Court 83B Continuation of trial diet in the sheriff court 84 Juries: returns of jurors and preparation of lists. 85 Juries: citation and attendance of jurors. 86 Jurors: excusal and objections. 87 Non-availability of judge. 87A Disposal of preliminary matters at trial diet 88 Plea of not guilty, balloting and swearing of jury, etc. 88A Communication supporters for jurors 89 Jury to be informed of special defence. 90 Effect of death or discharge of jurors 90A Apprehension of witnesses in proceedings on indictment 90B Orders in respect of witnesses apprehended under section 90A 90C Breach of bail under section 90B(1)(b) 90D Review of orders under section 90B(1)(a) or (b) 90E Appeals in respect of orders under section 90B(1) 91 Trial to be continuous. 92 Trial in presence of accused. 93 Record of trial. 94 Transcripts of record and documentary productions. 95 Verdict by judge alone. 96 Amendment of indictment. 97 No case to answer. 97A Submissions as to sufficiency of evidence 97B Acquittals etc. on section 97A(2)(a) submissions 97C Directions etc. on section 97A(2)(b) submissions 97D No acquittal on “no reasonable jury” grounds 98 Defence to speak last. 99 Seclusion of jury to consider verdict. 99A Verdict of guilty or not guilty and majority for guilty verdict 100 Delivery of jury verdict 101 Previous convictions: solemn proceedings. 101A Post-offence convictions etc. 102 Interruption of trial for other proceedings. 102A Failure of accused to appear 103 Appeal sittings. 104 Power of High Court in appeals. 105 Appeal against refusal of application. 105A Appeal against granting of application 106 Right of appeal. 106A Appeal against automatic sentences where earlier conviction quashed. 107 Leave to appeal. 107A Prosecutor's right of appeal: decisions on section 97 and 97A submissions 107B Prosecutor's right of appeal: decisions on admissibility of evidence 107C Appeals under section 107A and 107B: general provisions 107D Expedited appeals 107E Other appeals under section 107A: appeal against acquittal 107F Other appeals under section 107A or 107B: appeal against directions etc. 108 Lord Advocate’s right of appeal against disposal. 108A Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases. 109 Intimation of intention to appeal. 110 Note of appeal. 111 Provisions supplementary to sections 109 and 110. 112 Admission of appellant to bail. 113 Judge’s report. 113A Judge's observations in expedited appeal 114 Applications made orally or in writing. 115 Presentation of appeal in writing. 116 Abandonment of appeal. 117 Presence of appellant or applicant at hearing. 118 Disposal of appeals. 119 Provision where High Court authorises new prosecution. 120 Appeals: supplementary provisions. 121 Suspension of disqualification, forfeiture, etc. 121A Suspension of certain sentences pending determination of appeal. 122 Fines and caution. 123 Lord Advocate’s reference. 124 Finality of proceedings and Secretary of State’s reference. 125 Reckoning of time spent pending appeal. 126 Extract convictions. 127 Forms in relation to appeals. 128 Fees and expenses. 129 Non-compliance with certain provisions may be waived. 130 Bill of suspension not competent. 130A Bill of advocation not competent in respect of certain decisions 131 Prosecution appeal by bill of advocation. 132 Interpretation of Part VIII. 133 Application of Part IX of Act. 134 Incidental applications. 135 Warrants of apprehension and search. 136 Time limit for certain offences. 136A Time limits for transferred and related cases 136B Time limits where fixed penalty offer etc. made 137 Alteration of diets. 137ZA Refixing diets: non-sitting days 137ZB Refixing diets: non-suitable days 137A Transfer of sheriff court summary proceedings within sheriffdom 137AA Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal 137B Transfer of sheriff court summary proceedings outwith sheriffdom 137C Custody cases: initiating proceedings outwith sheriffdom 137CA Transfer of JP court proceedings within sheriffdom 137CB Transfer of JP court proceedings outwith sheriffdom 137CC Custody cases: initiating JP court proceedings outwith sheriffdom 137D Transfer of JP court proceedings to the sheriff court 138 Complaints. 139 Complaints: orders and warrants. 140 Citation. 141 Manner of citation. 142 Summary proceedings against children. 142A Summary proceedings where child accused along with an adult 143 Prosecution of companies, etc. 144 Procedure at first diet. 145 Adjournment for inquiry at first calling. 145ZA Adjournment where assessment order made at first calling 145A Adjournment at first calling to allow accused to appear etc. 146 Plea of not guilty. 147 Prevention of delay in trials. 148 Intermediate diet. 148A Interim diet required in certain sexual or domestic abuse cases 148B Pre-trial procedure in sheriff court where no intermediate diet is fixed 148C Engagement, dismissal and withdrawal of solicitor representing accused 148D Service etc. on accused through a solicitor 149 Alibi. 149A Notice of defence plea of consent 149B Notice of defences 150 Failure of accused to appear. 150A Proceedings in absence of accused 151 Death, illness or absence of judge. 152 Desertion of diet. 152A Complaints triable together 153 Trial in presence of accused. 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Punishment of witness for contempt. 156 Apprehension of witness. 156A Orders in respect of witnesses apprehended under section 156 156B Breach of bail under section 156A(1)(b) 156C Review of orders under section 156A(1)(a) or (b) 156D Appeals in respect of orders under section 156A(1) 157 Record of proceedings. 158 Interruption of summary proceedings for verdict in earlier trial. 159 Amendment of complaint. 160 No case to answer. 161 Defence to speak last. 161A Verdict of guilty or not guilty 162 Judges equally divided. 163 Conviction: miscellaneous provisions. 164 Conviction of part of charge. 165 “Conviction” and “sentence” not to be used for children. 166 Previous convictions: summary proceedings 166A Post-offence convictions etc. 166B Charges which disclose convictions 167 Forms of finding and sentence. 168 Caution. 169 Detention in precincts of court. 170 Damages in respect of summary proceedings. 171 Recovery of penalties. 172 Forms of procedure. 173 Quorum of Sheriff Appeal Court in relation to appeals. 174 Appeals relating to preliminary pleas. 175 Right of appeal. 175A Power to refer points of law for the opinion of the High Court 176 Stated case: manner and time of appeal. 176A Application of section 176 in relation to certain appeals 177 Procedure where appellant in custody. 178 Stated case: preparation of draft. 179 Stated case: adjustment and signature. 180 Leave to appeal against conviction etc. 181 Stated case: directions by Sheriff Appeal Court. 182 Stated case: hearing of appeal. 183 Stated case: disposal of appeal. 184 Abandonment of appeal. 185 Authorisation of new prosecution. 186 Appeals against sentence only. 187 Leave to appeal against sentence. 188 Setting aside conviction or sentence: prosecutor’s consent or application. 189 Disposal of appeal against sentence. 190 Disposal of appeal where appellant not criminally responsible. 191 Appeal by suspension or advocation on ground of miscarriage of justice. 191A Time limit for lodging bills of advocation and bills of suspension 191B Bill of advocation not competent in respect of certain decisions 192 Appeals: miscellaneous provisions. 193 Suspension of disqualification, forfeiture etc. 193A Suspension of certain sentences pending determination of appeal. 194 Computation of time. 194ZB Appeal from the Sheriff Appeal Court 194ZC Appeals: applications and procedure 194ZD Application for permission for appeal: determination by single judge 194ZE Further application for permission where single judge refuses permission 194ZF Applications for permission: further provision 194ZG Restriction of grounds of appeal 194ZH Disposal of appeals 194ZI Procedure where appellant in custody 194ZJ Abandonment of appeal 194ZK Finality of proceedings 194ZL Computation of time 194A Scottish Criminal Cases Review Commission. 194B References by the Commission 194C Grounds for reference. 194D Further provision as to references. 194DA High Court's power to reject a reference made by the Commission 194E Extension of Commission’s remit to summary cases. 194F Further powers. 194G Supplementary provision. 194H Power to request precognition on oath. 194I Power to obtain documents etc. 194IA Power to request assistance in obtaining information abroad 194J Offence of disclosure. 194K Exceptions from obligations of non-disclosure. 194L Consent to disclosure. 194M Further exception to section 194J 194N Effect of the exception 194O Notification and representations etc. 194P Consent if UK interest 194Q Consent if foreign interest 194R Designated foreign authority 194S Disapplication of sections 194O to 194R 194T Final disclosure-related matters 195 Remit to High Court for sentence. 196 Sentence following guilty plea. 197 Sentencing guidelines. 198 Form of sentence. 199 Power to mitigate penalties. 200 Remand for inquiry into physical or mental condition. 201 Power of court to adjourn case before sentence. 202 Deferred sentence. 203 Reports. 203A Reports about organisations 204 Restrictions on passing sentence of imprisonment or detention. 204A Restriction on consecutive sentences for released prisoners. 204B Consecutive sentences: life prisoners etc. 205 Punishment for murder. 205ZA Serious terrorism sentence 205ZB Minimum punishment part where life sentence imposed for serious terrorism offence 205ZC ... Sentence with fixed licence period 205B Minimum sentence for third conviction of certain offences relating to drug trafficking. 205C Meaning of “conviction” for purposes of sections 205A and 205B. 205D Only one sentence of imprisonment for life to be imposed in any proceedings 206 Minimum periods of imprisonment. 207 Detention of young offenders. 208 Detention of children convicted on indictment. 208A Detention of children under sections 205(2) and 208(1) 209 Supervised release orders. 210 Consideration of time spent in custody. 210ZA Consideration of time spent on electronically monitored bail 210A Extended sentences for sex, violent and terrorist offenders. 210AA Extended sentences for certain other offenders 210AB Particular factor as to victim safety 210B Risk assessment order 210C Risk assessment report 210D Interim hospital order and assessment of risk 210E The risk criteria 210EA Application of certain sections of this Act to proceedings under section 210C(7) 210F Order for lifelong restriction or compulsion order 210G Disposal of case where certain orders not made 210H Report of judge 211 Fines. 212 Fines in summary proceedings. 213 Remission of fines. 214 Fines: time for payment and payment by instalments. 215 Application for further time to pay fine. 216 Fines: restriction on imprisonment for default. 217 Fines: supervision pending payment. 218 Fines: supplementary provisions as to payment. 219 Fines: periods of imprisonment for non-payment. 220 Fines: part payment by prisoners. 221 Fines: recovery by civil diligence. 222 Transfer of fine orders. 223 Transfer of fines: procedure for clerk of court. 223A Recognition of financial penalties: requests to other member States 223B Requests to other member States: procedure on issue of certificate 223C Requests to other member States: application of provisions relating to fines 223D Requests to other member States: application of provisions relating to compensation orders 223E Requests to other member States: application of provisions relating to fixed penalties 223F Recognition of financial penalties: requests from other member States 223FA Requests from other member States: procedure where no certificate 223G Requests from other member States: return of certificate 223H Requests from other member States: procedure on receipt of certificate 223I Requests from other member States: action undertaken under certificate 223J Requests from other member States: application of provisions in relation to fines 223K Requests from other member States: supplementary provisions in relation to fines 223L Requests from other member States: action for enforcement where financial penalty not recovered 223M Requests from other member States: application of provisions relating to orders for compensation 223N Requests from other member States: supplementary provisions in relation to orders for compensation 223O Requests from other member States: application of provisions relating to fixed penalties 223P Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland 223Q The competent authority for Scotland 223R Accrual of monies obtained from the enforcement of financial penalties 223S Treatment of compensation monies 223T Interpretation of sections 223A to 223S 224 Discharge from imprisonment to be specified. 225 Penalties: standard scale, prescribed sum and uprating. 226 Penalties: exceptionally high maximum fines. 226A Fines enforcement officers 226B Enforcement orders 226C Variation for further time to pay 226D Seizure of vehicles 226E Deduction from benefits 226F Powers of diligence 226G Reference of case to court 226H Review of actions of FEO 226HA Judicial co-operation in criminal matters: mutual recognition of financial penalties: requests to other member States 226I Enforcement of fines etc.: interpretation 227 Caution. 227A Community payback orders 227B Community payback order: procedure prior to imposition 227C Community payback order: responsible officer 227D Community payback order: further provision 227E Requirement to avoid conflict with religious beliefs, work etc. 227F Payment of offenders' travelling and other expenses 227G Offender supervision requirement 227H Compensation requirement 227I Unpaid work or other activity requirement 227J Unpaid work or other activity requirement: further provision 227K Allocation of hours between unpaid work and other activity 227L Time limit for completion of unpaid work or other activity 227M Fine defaulters 227N Offenders subject to more than one unpaid work or other activity requirement 227O Rules about unpaid work and other activity 227P Programme requirement 227Q Residence requirement 227R Mental health treatment requirement 227S Mental health treatment requirements: medical evidence 227T Power to change treatment 227U Drug treatment requirement 227V Alcohol treatment requirement 227W Conduct requirement 227X Periodic review of community payback orders 227Y Applications to vary, revoke and discharge community payback orders 227Z Variation, revocation and discharge: court's powers 227ZA Variation of community payback orders: further provision 227ZB Change of offender's residence to new local authority area 227ZC Breach of community payback order 227ZD Breach of community payback order: further provision 227ZE Restricted movement requirement : rules 227ZF Restricted movement requirement: effect 227ZG Restricted movement requirements: further provision 227ZH Variation of restricted movement requirement 227ZI Remote monitoring 227ZJ Restricted movement requirements: Scottish Ministers' functions 227ZK Documentary evidence in proceedings for breach of restricted movement requirement 227ZL Local authorities: annual consultations about unpaid work 227ZM Annual reports on community payback orders 227ZN Meaning of “the appropriate court” 227ZO Community payback orders: persons residing in England and Wales or Northern Ireland 228 Probation orders. 229 Probation orders: additional requirements. 229A Probation progress review 230 Probation orders: requirement of treatment for mental condition. 230A Requirement for remote monitoring in probation order 231 Probation orders: amendment and discharge. 232 Probation orders: failure to comply with requirement. 233 Probation orders: commission of further offence. 234 Probation orders: persons residing in England and Wales. 234A Non-harassment orders. 234AZA Non-harassment orders: consideration by court in certain cases 234AA Antisocial behaviour orders 234AB Antisocial behaviour orders: notification 234B Drug treatment and testing order. 234C Requirements and provisions of drug treatment and testing orders. 234CA Requirement for ... monitoring in drug treatment and testing order 234D Procedural matters relating to drug treatment and testing orders. 234E Amendment of drug treatment and testing order. 234F Periodic review of drug treatment and testing order. 234G Breach of drug treatment testing order. 234H Disposal on revocation of drugs treatment and testing order. 234J Concurrent drug treatment and testing and probation orders. 234K Drug treatment and testing orders: interpretation. 235 Supervised attendance orders. 236 Supervised attendance orders in place of fines for 16 and 17 year olds. 237 Supervised attendance orders where court allows further time to pay fine. 238 Community service orders. 239 Community service orders: requirements. 240 Community service orders: amendment and revocation etc. 241 Community service order: commission of offence while order in force. 242 Community service orders: persons residing in England and Wales. 243 Community service orders: persons residing in Northern Ireland. 244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland. 245 Community service orders: rules, annual report and interpretation. 245A Restriction of liberty orders. 245B Monitoring of restriction of liberty orders. 245C Remote monitoring. 245D Combination of restriction of liberty order with other orders. 245DA Further provision about multiple orders 245E Variation of restriction of liberty order. 245F Breach of restriction of liberty order. 245G Disposal on revocation of restriction of liberty order. 245H Documentary evidence in proceedings under section 245F. 245I Procedure on variation or revocation of restriction of liberty order. 245J Breach of certain orders: adjourning hearing and remanding in custody etc. 245K Community reparation orders 245L Community reparation order: notification 245M Failure to comply with community reparation order: extension of 12 month period 245N Failure to comply with community reparation order: powers of court 245P Extension, variation and revocation of order 245Q Sections 245L, 245N and 245P: meaning of “appropriate court” 246 Admonition and absolute discharge. 247 Effect of probation and absolute discharge. 248 Disqualification where vehicle used to commit offence. 248A General power to disqualify offenders. 248B Power to disqualify fine defaulters. 248C Application of sections 248A and 248B. 248D Extension of disqualification where sentence of imprisonment also imposed 248E Effect of sentence of imprisonment in other cases 249 Compensation order against convicted person. 250 Compensation orders: supplementary provisions. 251 Review of compensation order. 252 Enforcement of compensation orders: application of provisions relating to fines. 253 Effect of compensation order on subsequent award of damages in civil proceedings. 253A Restitution order where conviction of police assault etc. 253B The Restitution Fund 253C Restitution order, fine and compensation order: order of preference 253D Application of receipts 253E Enforcement: application of certain provisions relating to fines 253F Victim surcharge 253G The Victim Surcharge Fund 253H Application of receipts 253J Enforcement: application of certain provisions relating to fines 254 Search warrant for forfeited articles. 254A European Protection Orders: interpretation 254B Issuing of a European Protection Order 254C Recognition of a European Protection Order 254D Implementation of a recognised European Protection Order 254E Modification and revocation of non-harassment orders made under section 254D 255 Special capacity. 255A Proof of age. 256 Agreements and admissions as to evidence. 257 Duty to seek agreement of evidence. 258 Uncontroversial evidence. 259 Exceptions to the rule that hearsay evidence is inadmissible. 260 Admissibility of prior statements of witnesses. 261 Statements by co-accused 261ZA Statements by accused 261ZB Exception to rule on inadmissiblity 261A Witness statements: use during trial 262 Construction of sections 259 to 261A. 263 Examination of witnesses. 264 Spouse or civil partner of accused a compellable witness 265 Witnesses not excluded for conviction, interest, relationship, etc. 266 Accused as witness. 267 Witnesses in court during trial. 267A Citation of witnesses for precognition 267B Order requiring accused to participate in identification procedure 268 Additional evidence. 269 Evidence in replication. 270 Evidence of criminal record and character of accused. 271 Vulnerable witnesses: main definitions 271A Child and deemed vulnerable witnesses 271AA Using only standard special measures 271B Further special provision for child witnesses under the age of 12 271BZA Child witnesses in certain solemn cases: special measures 271BZB Child witnesses in certain solemn cases: modifications of section 271A 271BZC Child witnesses in certain solemn cases: modifications of section 271D 271BA Assessment of witnesses 271C Vulnerable witness application 271D Review of arrangements for vulnerable witnesses 271E Vulnerable witnesses: supplementary provision 271F The accused 271G Saving provision 271H The special measures 271HA Temporary additional special measures 271HB Excluding the public while taking evidence 271I Taking of evidence by a commissioner 271J Live television link 271K Screens 271L Supporters 271M Giving evidence in chief in the form of a prior statement 271N Witness anonymity orders 271P Applications 271Q Making and determination of applications 271R Conditions for making orders 271S Relevant considerations 271T Direction to jury 271U Discharge and variation of order 271V Appeals 271W Appeal against the making of a witness anonymity order 271X Appeal against the refusal to make a witness anonymity order 271Y Appeal against a variation of a witness anonymity order 271Z Appeal against a refusal to vary or discharge a witness anonymity order 272 Evidence by letter of request or on commission. 273 Television link evidence from abroad. 273A Television link evidence from other parts of the United Kingdom 274 Restrictions on evidence relating to sexual offences. 275 Exceptions to restrictions under section 274. 275A Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275 275B Provisions supplementary to sections 275 and 275A 275C Expert evidence as to subsequent behaviour of complainer in certain cases 276 Evidence of biological material. 277 Transcript of police interview sufficient evidence. 278 Record of proceedings at examination as evidence. 279 Evidence from documents. 279A Evidence from certain official documents. 280 Routine evidence. 281 Routine evidence: autopsy and forensic science reports. 281A Routine evidence: reports of identification prior to trial 282 Evidence as to controlled drugs and medicinal products. 283 Evidence as to time and place of video surveillance recordings. 284 Evidence in relation to fingerprints. 285 Previous convictions: proof, general. 286 Previous convictions: proof in support of substantive charge. 286A Proof of previous conviction by court in other member State 287 Demission from office of Lord Advocate and Solicitor General for Scotland. 288 Intimation of proceedings in High Court to Lord Advocate. 288ZA Right of Advocate General to take part in proceedings 288ZB References of compatibility issues to the High Court or Supreme Court 288A Rights of appeal for Advocate General: compatibility issues and devolution issues. 288AA Appeals to the Supreme Court: compatibility issues 288AB References of UNCRC compatibility issues to the High Court or Supreme Court 288AC Appeals to the Supreme Court: UNCRC compatibility issues 288B Appeals to the Supreme Court: general. 288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies 288BA Dockets for charges of sexual offences 288BB Mixed charges for sexual offences 288BC Aggravation by intent to rape 288C Prohibition of personal conduct of defence in cases of certain sexual offences 288D Appointment of solicitor by court in such cases 288DA Jury direction relating to lack of communication about offence 288DB Jury direction relating to absence of physical resistance or physical force 288DC Prohibition of personal conduct of defence in domestic abuse cases 288E Prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12 288F Power to prohibit personal conduct of defence in other cases involving vulnerable witnesses 288G Application of vulnerable witnesses provisions to proceedings in the district court 288H Participation through live television link 288I Evidence and personal appearance 288J Effect of postponement 288K Specified hearings 288L Defined terms 289 Procedure and evidence in trials for treason. 290 Accused’s right to request identification parade. 291 Precognition on oath of defence witnesses. 292 Mode of trial of certain offences. 293 Statutory offences: art and part and aiding and abetting. 294 Attempt at crime. 295 Legal custody. 296 Warrants for search and apprehension to be signed by judge. 297 Execution of warrants and service of complaints, etc. 297A Re-execution of apprehension warrants 298 Trial judge’s report. 298A Intimation of bills and of petitions to the nobile officium 299 Correction of entries. 300 Amendment of records of conviction and sentence in summary proceedings. 300A Power of court to excuse procedural irregularities 301 Rights of audience. 301A Recovery of documents 302 Fixed penalty: conditional offer by procurator fiscal. 302A Compensation offer by procurator fiscal 302B Combined fixed penalty and compensation offer 302C Recall of fixed penalty or compensation offer 303 Fixed penalty: enforcement. 303ZA Work orders 303ZB Setting aside of offers and orders 303A Transfer of rights of appeal of deceased person. 303B Electronic summary proceedings 303C Electronic signatures 303D Sending documents electronically and to a solicitor 303E Documents to which sections 303C and 303D apply 303F Interpretation of sections 303C to 303E 303G Suspension of requirement for physical attendance in criminal trials 303H Suspension of requirement for physical attendance in criminal proceedings where only party is a public official 303I Directions under sections 303G and 303H 303J Suspension of requirement for physical attendance in other criminal hearings or proceedings 303K Attending by electronic means 303L General directions under section 303K 303M Publication of guidance 303N Transitional provisions 303O Interpretation of sections 303C to 303N 304 Criminal Courts Rules Council. 305 Acts of Adjournal. 306 Information for financial and other purposes. 307 Interpretation. 308 Construction of enactments referring to detention etc. 308A Expressions relating to electronic proceedings 309 Short title, commencement and extent. SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply SCHEDULE 2 Examples of Indictments SCHEDULE 3 Indictments and Complaints SCHEDULE 4 Supervision and Treatment Orders SCHEDULE 5 Forms of Complaint and Charges SCHEDULE 5ZA Serious terrorism offences SCHEDULE 5ZB Offences specified for the purpose of section 205ZC (sentence with fixed licence period) SCHEDULE 5ZC Terrorism offences SCHEDULE 8 Documentary Evidence in Criminal Proceedings SCHEDULE 9 Certificates as to Proof of Certain Routine Matters SCHEDULE 9A The Commission: Further Provisions SCHEDULE 10 Certain Offences Triable only Summarily SCHEDULE13 TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND TABLE OF DERIVATIONS
What to do with it
As published
234AZA Non-harassment orders: consideration by court in certain cases
(1) Section 234A applies subject to this section if an offence referred to in subsection (1) of that section is one listed in subsection (2)(c).
(2) For the purposes of this section—
(a) “victim” has the same meaning as it has in section 234A,
(b) “child” has the same meaning as given by section 5(11) of the Domestic Abuse (Scotland) Act 2018,
(c) the list is—
(zi) an offence to which section 288C applies,
(zii) stalking,
(ziii) an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
(i) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018,
(ii) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(3) A non-harassment order in the person's case may include provision for the order to apply in favour of any of the following, in addition to the victim—
(a) where the offence is one listed in subsection (2)(c)(zii), (i) or (ii), a child usually residing with the person or a child usually residing with the victim (or a child usually residing with both the person and the victim),
(b) where the offence is one under section 1(1) of the Domestic Abuse (Scotland) Act 2018, and is aggravated as described in section 5(1)(a) of that Act, a child to whom the aggravation relates,
if the court is satisfied that it is appropriate for the child to be protected by the order.
(4) The court must—
(a) without an application by the prosecutor, consider the question of whether to make a non-harassment order in the person's case,
(b) after hearing the prosecutor as well as the person, make such an order unless of a negative conclusion on the question,
(c) if of a negative conclusion on the question, explain the basis for this.
(5) Here, a negative conclusion on the question is the conclusion by the court that there is no need for—
(a) the victim, or
(b) the children (if any) in mind by virtue of subsection (3),
to be protected by such an order.
(6) In the operation of section 234A along with subsection (4)—
(a) subsection (1A) of that section is of no effect (and the reference in subsection (2) of that section to an application under subsection (1A) of that section is to be ignored),
(b) further—
(i) the references in subsections (2A), (2BA) and (2C) of that section to the person against whom the order is sought are to be read as being to the person in whose case the making of a non-harassment order is being considered,
(ii) the reference in subsection (2C) of that section to representations in response to the application is to be read as being to representations on the question of whether to make a non-harassment order,
(iii) the reference in subsection (6) of that section to the prosecutor at whose instance the order is made is to be read as being to the prosecutor in the case in which the non-harassment order is made.
(6A) Where the offence is one listed in subsection (2)(c)(i) or (ii), the court must, in considering the question of whether to make a non-harassment order in the person’s case (including where the person is sentenced to imprisonment or remanded in custody), have regard to any prior bail conditions imposed on the person preventing contact with the victim.
(7) For the avoidance of doubt, nothing in this section affects the ability to make a non-harassment order in the case instead of or in addition to dealing with the person in any other way.
Your wording
Your change, as a redline
234AZA Non-harassment orders: consideration by court in certain cases
(1) Section 234A applies subject to this section if an offence referred to in subsection (1) of that section is one listed in subsection (2)(c).
(2) For the purposes of this section—
(a) “victim” has the same meaning as it has in section 234A,
(b) “child” has the same meaning as given by section 5(11) of the Domestic Abuse (Scotland) Act 2018,
(c) the list is—
(zi) an offence to which section 288C applies,
(zii) stalking,
(ziii) an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
(i) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018,
(ii) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(3) A non-harassment order in the person's case may include provision for the order to apply in favour of any of the following, in addition to the victim—
(a) where the offence is one listed in subsection (2)(c)(zii), (i) or (ii), a child usually residing with the person or a child usually residing with the victim (or a child usually residing with both the person and the victim),
(b) where the offence is one under section 1(1) of the Domestic Abuse (Scotland) Act 2018, and is aggravated as described in section 5(1)(a) of that Act, a child to whom the aggravation relates,
if the court is satisfied that it is appropriate for the child to be protected by the order.
(4) The court must—
(a) without an application by the prosecutor, consider the question of whether to make a non-harassment order in the person's case,
(b) after hearing the prosecutor as well as the person, make such an order unless of a negative conclusion on the question,
(c) if of a negative conclusion on the question, explain the basis for this.
(5) Here, a negative conclusion on the question is the conclusion by the court that there is no need for—
(a) the victim, or
(b) the children (if any) in mind by virtue of subsection (3),
to be protected by such an order.
(6) In the operation of section 234A along with subsection (4)—
(a) subsection (1A) of that section is of no effect (and the reference in subsection (2) of that section to an application under subsection (1A) of that section is to be ignored),
(b) further—
(i) the references in subsections (2A), (2BA) and (2C) of that section to the person against whom the order is sought are to be read as being to the person in whose case the making of a non-harassment order is being considered,
(ii) the reference in subsection (2C) of that section to representations in response to the application is to be read as being to representations on the question of whether to make a non-harassment order,
(iii) the reference in subsection (6) of that section to the prosecutor at whose instance the order is made is to be read as being to the prosecutor in the case in which the non-harassment order is made.
(6A) Where the offence is one listed in subsection (2)(c)(i) or (ii), the court must, in considering the question of whether to make a non-harassment order in the person’s case (including where the person is sentenced to imprisonment or remanded in custody), have regard to any prior bail conditions imposed on the person preventing contact with the victim.
(7) For the avoidance of doubt, nothing in this section affects the ability to make a non-harassment order in the case instead of or in addition to dealing with the person in any other way.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.