Law

Criminal Procedure (Scotland) Act 1995

United Kingdom · statute

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In force since 2026-11-02, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 769 provisions
  1. Title and introductory text
  2. 1 Judges in the High Court.
  3. 2 Fixing of High Court sittings.
  4. 3 Jurisdiction and powers of solemn courts.
  5. 4 Territorial jurisdiction of sheriff.
  6. 5 The sheriff: summary jurisdiction and powers.
  7. 5B National jurisdiction for callings of custody cases in a sheriff court
  8. 5C National jurisdiction for cases in a sheriff court after failure to appear
  9. 5D Further provision about national jurisdiction of sheriff courts
  10. 5E Interpretation of sections 5B to 5D
  11. 6 JP courts: constitution and prosecutor.
  12. 7 JP courts: jurisdiction and powers.
  13. 7A National jurisdiction for callings of custody cases in a JP court
  14. 7B National jurisdiction for cases in a JP court after failure to appear
  15. 7C Further provision about national jurisdiction of JP courts
  16. 7D Interpretation of sections 7A to 7C
  17. 8 Sittings of sheriff and JP courts.
  18. 9 Boundaries of jurisdiction.
  19. 9A Competence of justice's actings outwith jurisdiction
  20. 10 Crimes committed in different districts.
  21. 10A Jurisdiction for transferred cases
  22. 11 Certain offences committed outside Scotland.
  23. 11A Conspiracy to commit offences outwith Scotland
  24. 12 Instructions by Lord Advocate as to reporting of offences.
  25. 13 Powers relating to suspects and potential witnesses.
  26. 14 Detention and questioning at police station.
  27. 14A Extension of period of detention under section 14
  28. 14B Extension under section 14A: procedure
  29. 15 Right of persons arrested or detained to have intimation sent to another person
  30. 15A Right of suspects to have access to a solicitor
  31. 16 Drunken persons: power to take to designated place.
  32. 17 Right of accused to have access to solicitor.
  33. 17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest
  34. 18 Prints, samples etc. in criminal investigations.
  35. 18A Retention of samples etc. : prosecutions for sexual and violent offences
  36. 18B Retention of samples etc. where offer under sections 302 to 303ZA accepted
  37. 18C Section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences
  38. 18D Retention of samples etc. taken or provided in connection with certain fixed penalty offences
  39. 18E Retention of samples etc.: children referred to children's hearings
  40. 18F Retention of samples etc. relating to children: appeals
  41. 18G Retention of samples etc: national security
  42. 18GA Retention of further fingerprints
  43. 18H Retention of samples etc.: extradition
  44. 19 Prints, samples etc. in criminal investigations: supplementary provisions.
  45. 19A Samples etc. from persons convicted of sexual and violent offences.
  46. 19AA Samples etc. from sex offenders
  47. 19AB Section 19AA: supplementary provision in sexual risk order cases
  48. 19B Power of constable in obtaining relevant physical data etc.
  49. 19C Sections 18 and 19 to 19AA: use of samples etc.
  50. 20 Use of prints, samples etc.
  51. 20A Arrested persons: testing for certain Class A drugs
  52. 20B Section 20A: supplementary
  53. 21 Schedule 1 offences: power of constable to take offender into custody.
  54. 22 Liberation by police.
  55. 22ZA Offences where undertaking breached
  56. 22ZB Evidential and procedural provision
  57. 22A Consideration of bail on first appearance
  58. 23 Bail applications.
  59. 23A Bail and liberation where person already in custody
  60. 23B Entitlement to bail and the court's function
  61. 23C Grounds relevant as to question of bail
  62. 23D Restriction on bail in certain solemn cases
  63. 24 Bail and bail conditions.
  64. 24A Bail conditions: remote monitoring of restrictions on movements
  65. 24B Regulations as to power to impose remote monitoring requirements under section 24A
  66. 24C Monitoring of compliance in pursuance of requirements imposed under section 24A
  67. 24D Remote monitoring
  68. 24E Documentary evidence in proceedings for breach of bail conditions being remotely monitored
  69. 24F Bail: extradition proceedings
  70. 25 Bail conditions: supplementary.
  71. 25A Failure to accept conditions of bail under section 65(8C): continued detention of accused
  72. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 27 Breach of bail conditions: offences.
  74. 28 Breach of bail conditions: arrest of offender, etc.
  75. 28A Application of the Criminal Justice (Scotland) Act 2016 to persons arrested and detained under section 28
  76. 29 Bail: monetary conditions.
  77. 30 Bail review.
  78. 31 Bail review on prosecutor’s application.
  79. 32 Bail appeal.
  80. 32A Bail after conviction: prosecutor's attitude
  81. 33 Bail: no fees exigible.
  82. 34 Petition for warrant.
  83. 34A Petition proceedings outwith sheriffdom
  84. 35 Judicial examination.
  85. 36 Judicial examination: questioning by prosecutor.
  86. 37 Judicial examination: record of proceedings.
  87. 38 Judicial examination: rectification of record of proceedings.
  88. 39 Judicial examination: charges arising in different districts.
  89. 40 Committal until liberated in due course of law.
  90. 41 Age of criminal responsibility
  91. 41A Prosecution of children under 12
  92. 42 Prosecution of children.
  93. 43 Arrangements where children arrested.
  94. 44 Detention of children.
  95. 44A Appeal against detention in secure accommodation
  96. 45 Security for child’s good behaviour.
  97. 46 Presumption and determination of age of child.
  98. 47 Restriction on report of proceedings involving children.
  99. 48 Power to refer certain children to reporter.
  100. 49 Reference or remit to children’s hearing.
  101. 50 Children and certain proceedings.
  102. 51 Remand and committal of children and young persons.
  103. 51A Criminal responsibility of persons with mental disorder
  104. 51B Diminished responsibility
  105. 52 Power of court to commit to hospital an accused suffering from mental disorder.
  106. 52A Remit of certain mentally disordered persons from district court to sheriff court
  107. 52B Prosecutor’s power to apply for assessment order
  108. 52C Scottish Ministers' power to apply for assessment order
  109. 52D Assessment order
  110. 52E Assessment order made ex proprio motu: application of section 52D
  111. 52F Assessment order: supplementary
  112. 52G Review of assessment order
  113. 52H Early termination of assessment order
  114. 52J Power of court on assessment order ceasing to have effect
  115. 52K Prosecutor’s power to apply for treatment order
  116. 52L Scottish Ministers' power to apply for treatment order
  117. 52M Treatment order
  118. 52N Treatment order made ex proprio motu: application of section 52M
  119. 52P Treatment order: supplementary
  120. 52Q Review of treatment order
  121. 52R Termination of treatment order
  122. 52S Power of court on treatment order ceasing to have effect
  123. 52T Prevention of delay in trials: assessment orders and treatment orders
  124. 52U Effect of assessment order and treatment order on pre-existing mental health order
  125. 53 Interim compulsion order.
  126. 53A Interim compulsion order: supplementary
  127. 53B Review and extension of interim compulsion order
  128. 53C Early termination of interim compulsion order
  129. 53D Power of court on interim compulsion order ceasing to have effect
  130. 53E Acquittal involving mental disorder
  131. 53F Unfitness for trial
  132. 54 Unfitness for trial: further provision .
  133. 55 Examination of facts.
  134. 56 Examination of facts: supplementary provisions.
  135. 57 Disposal of case where accused found not criminally responsible or unfit for trial.
  136. 57A Compulsion order
  137. 57B Compulsion order authorising detention in hospital or requiring residence at place: ancillary provision
  138. 57C Mental health officer’s report
  139. 57D Compulsion order: supplementary
  140. 58 Order for hospital admission or guardianship.
  141. 58A Application of Adults with Incapacity (Scotland) Act 2000
  142. 59 Hospital orders: restrictions on discharge.
  143. 59A Hospital direction
  144. 59B Hospital direction: mental health officer’s report
  145. 59C Hospital direction: supplementary
  146. 60 Appeals against hospital orders.
  147. 60A Appeal by prosecutor against hospital orders etc.
  148. 60B Intervention orders
  149. 60C Acquitted persons: detention for medical examination
  150. 60D Notification of detention under section 60C
  151. 61 Requirements as to medical evidence.
  152. 61A Transfer of person to suitable hospital
  153. 61B Specification of hospital unit
  154. 62 Appeal by accused not criminally responsible or unfit for trial .
  155. 63 Appeal by prosecutor where accused found not criminally responsible or unfit for trial.
  156. 64 Prosecution on indictment.
  157. 65 Prevention of delay in trials.
  158. 66 Service and lodging of indictment, etc.
  159. 67 Witnesses.
  160. 67A Failure of witness to attend for, or give evidence on, precognition.
  161. 68 Productions.
  162. 69 Notice of previous convictions.
  163. 70 Proceedings against organisations.
  164. 70A Defence statements
  165. 70B Solemn proceedings against children
  166. 71 First diet.
  167. 71A Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence
  168. 71B First diet: appointment of trial diet
  169. 71C Written record of state of preparation: sheriff court
  170. 72 Preliminary hearing: procedure up to appointment of trial diet
  171. 72A Preliminary hearing: appointment of trial diet
  172. 72B Power to dispense with preliminary hearing
  173. 72C Procedure where preliminary hearing does not proceed
  174. 72D Preliminary hearing: further provision
  175. 72E Written record of state of preparation in certain cases
  176. 72F Engagement, dismissal and withdrawal of solicitor representing accused
  177. 72G Service etc. on accused through a solicitor
  178. 73 Preliminary diet: procedure.
  179. 74 Appeals in connection with preliminary diets.
  180. 75 Computation of certain periods.
  181. 75A Adjournment and alteration of diets
  182. 75B Refixing diets: non-sitting days
  183. 75C Refixing diets: non-suitable days
  184. 76 Procedure where accused desires to plead guilty.
  185. 77 Plea of guilty.
  186. 78 Special defences, incrimination and notice of witnesses, etc.
  187. 79 Preliminary pleas and preliminary issues.
  188. 79A Objections to admissibility of evidence raised after first diet or preliminary hearing
  189. 80 Alteration and postponement of trial diet.
  190. 81 Procedure where trial diet does not proceed.
  191. 82 Desertion or postponement where accused in custody.
  192. 83 Transfer of sheriff court solemn proceedings.
  193. 83ZA Transfer of sheriff court solemn proceedings within sheriffdom: power of sheriff principal
  194. 83A Continuation of trial diet in the High Court
  195. 83B Continuation of trial diet in the sheriff court
  196. 84 Juries: returns of jurors and preparation of lists.
  197. 85 Juries: citation and attendance of jurors.
  198. 86 Jurors: excusal and objections.
  199. 87 Non-availability of judge.
  200. 87A Disposal of preliminary matters at trial diet
  201. 88 Plea of not guilty, balloting and swearing of jury, etc.
  202. 88A Communication supporters for jurors
  203. 89 Jury to be informed of special defence.
  204. 90 Effect of death or discharge of jurors
  205. 90A Apprehension of witnesses in proceedings on indictment
  206. 90B Orders in respect of witnesses apprehended under section 90A
  207. 90C Breach of bail under section 90B(1)(b)
  208. 90D Review of orders under section 90B(1)(a) or (b)
  209. 90E Appeals in respect of orders under section 90B(1)
  210. 91 Trial to be continuous.
  211. 92 Trial in presence of accused.
  212. 93 Record of trial.
  213. 94 Transcripts of record and documentary productions.
  214. 95 Verdict by judge alone.
  215. 96 Amendment of indictment.
  216. 97 No case to answer.
  217. 97A Submissions as to sufficiency of evidence
  218. 97B Acquittals etc. on section 97A(2)(a) submissions
  219. 97C Directions etc. on section 97A(2)(b) submissions
  220. 97D No acquittal on “no reasonable jury” grounds
  221. 98 Defence to speak last.
  222. 99 Seclusion of jury to consider verdict.
  223. 99A Verdict of guilty or not guilty and majority for guilty verdict
  224. 100 Delivery of jury verdict
  225. 101 Previous convictions: solemn proceedings.
  226. 101A Post-offence convictions etc.
  227. 102 Interruption of trial for other proceedings.
  228. 102A Failure of accused to appear
  229. 103 Appeal sittings.
  230. 104 Power of High Court in appeals.
  231. 105 Appeal against refusal of application.
  232. 105A Appeal against granting of application
  233. 106 Right of appeal.
  234. 106A Appeal against automatic sentences where earlier conviction quashed.
  235. 107 Leave to appeal.
  236. 107A Prosecutor's right of appeal: decisions on section 97 and 97A submissions
  237. 107B Prosecutor's right of appeal: decisions on admissibility of evidence
  238. 107C Appeals under section 107A and 107B: general provisions
  239. 107D Expedited appeals
  240. 107E Other appeals under section 107A: appeal against acquittal
  241. 107F Other appeals under section 107A or 107B: appeal against directions etc.
  242. 108 Lord Advocate’s right of appeal against disposal.
  243. 108A Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.
  244. 109 Intimation of intention to appeal.
  245. 110 Note of appeal.
  246. 111 Provisions supplementary to sections 109 and 110.
  247. 112 Admission of appellant to bail.
  248. 113 Judge’s report.
  249. 113A Judge's observations in expedited appeal
  250. 114 Applications made orally or in writing.
  251. 115 Presentation of appeal in writing.
  252. 116 Abandonment of appeal.
  253. 117 Presence of appellant or applicant at hearing.
  254. 118 Disposal of appeals.
  255. 119 Provision where High Court authorises new prosecution.
  256. 120 Appeals: supplementary provisions.
  257. 121 Suspension of disqualification, forfeiture, etc.
  258. 121A Suspension of certain sentences pending determination of appeal.
  259. 122 Fines and caution.
  260. 123 Lord Advocate’s reference.
  261. 124 Finality of proceedings and Secretary of State’s reference.
  262. 125 Reckoning of time spent pending appeal.
  263. 126 Extract convictions.
  264. 127 Forms in relation to appeals.
  265. 128 Fees and expenses.
  266. 129 Non-compliance with certain provisions may be waived.
  267. 130 Bill of suspension not competent.
  268. 130A Bill of advocation not competent in respect of certain decisions
  269. 131 Prosecution appeal by bill of advocation.
  270. 132 Interpretation of Part VIII.
  271. 133 Application of Part IX of Act.
  272. 134 Incidental applications.
  273. 135 Warrants of apprehension and search.
  274. 136 Time limit for certain offences.
  275. 136A Time limits for transferred and related cases
  276. 136B Time limits where fixed penalty offer etc. made
  277. 137 Alteration of diets.
  278. 137ZA Refixing diets: non-sitting days
  279. 137ZB Refixing diets: non-suitable days
  280. 137A Transfer of sheriff court summary proceedings within sheriffdom
  281. 137AA Transfer of sheriff court summary proceedings within sheriffdom: power of sheriff principal
  282. 137B Transfer of sheriff court summary proceedings outwith sheriffdom
  283. 137C Custody cases: initiating proceedings outwith sheriffdom
  284. 137CA Transfer of JP court proceedings within sheriffdom
  285. 137CB Transfer of JP court proceedings outwith sheriffdom
  286. 137CC Custody cases: initiating JP court proceedings outwith sheriffdom
  287. 137D Transfer of JP court proceedings to the sheriff court
  288. 138 Complaints.
  289. 139 Complaints: orders and warrants.
  290. 140 Citation.
  291. 141 Manner of citation.
  292. 142 Summary proceedings against children.
  293. 142A Summary proceedings where child accused along with an adult
  294. 143 Prosecution of companies, etc.
  295. 144 Procedure at first diet.
  296. 145 Adjournment for inquiry at first calling.
  297. 145ZA Adjournment where assessment order made at first calling
  298. 145A Adjournment at first calling to allow accused to appear etc.
  299. 146 Plea of not guilty.
  300. 147 Prevention of delay in trials.
  301. 148 Intermediate diet.
  302. 148A Interim diet required in certain sexual or domestic abuse cases
  303. 148B Pre-trial procedure in sheriff court where no intermediate diet is fixed
  304. 148C Engagement, dismissal and withdrawal of solicitor representing accused
  305. 148D Service etc. on accused through a solicitor
  306. 149 Alibi.
  307. 149A Notice of defence plea of consent
  308. 149B Notice of defences
  309. 150 Failure of accused to appear.
  310. 150A Proceedings in absence of accused
  311. 151 Death, illness or absence of judge.
  312. 152 Desertion of diet.
  313. 152A Complaints triable together
  314. 153 Trial in presence of accused.
  315. 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  316. 155 Punishment of witness for contempt.
  317. 156 Apprehension of witness.
  318. 156A Orders in respect of witnesses apprehended under section 156
  319. 156B Breach of bail under section 156A(1)(b)
  320. 156C Review of orders under section 156A(1)(a) or (b)
  321. 156D Appeals in respect of orders under section 156A(1)
  322. 157 Record of proceedings.
  323. 158 Interruption of summary proceedings for verdict in earlier trial.
  324. 159 Amendment of complaint.
  325. 160 No case to answer.
  326. 161 Defence to speak last.
  327. 161A Verdict of guilty or not guilty
  328. 162 Judges equally divided.
  329. 163 Conviction: miscellaneous provisions.
  330. 164 Conviction of part of charge.
  331. 165 “Conviction” and “sentence” not to be used for children.
  332. 166 Previous convictions: summary proceedings
  333. 166A Post-offence convictions etc.
  334. 166B Charges which disclose convictions
  335. 167 Forms of finding and sentence.
  336. 168 Caution.
  337. 169 Detention in precincts of court.
  338. 170 Damages in respect of summary proceedings.
  339. 171 Recovery of penalties.
  340. 172 Forms of procedure.
  341. 173 Quorum of Sheriff Appeal Court in relation to appeals.
  342. 174 Appeals relating to preliminary pleas.
  343. 175 Right of appeal.
  344. 175A Power to refer points of law for the opinion of the High Court
  345. 176 Stated case: manner and time of appeal.
  346. 176A Application of section 176 in relation to certain appeals
  347. 177 Procedure where appellant in custody.
  348. 178 Stated case: preparation of draft.
  349. 179 Stated case: adjustment and signature.
  350. 180 Leave to appeal against conviction etc.
  351. 181 Stated case: directions by Sheriff Appeal Court.
  352. 182 Stated case: hearing of appeal.
  353. 183 Stated case: disposal of appeal.
  354. 184 Abandonment of appeal.
  355. 185 Authorisation of new prosecution.
  356. 186 Appeals against sentence only.
  357. 187 Leave to appeal against sentence.
  358. 188 Setting aside conviction or sentence: prosecutor’s consent or application.
  359. 189 Disposal of appeal against sentence.
  360. 190 Disposal of appeal where appellant not criminally responsible.
  361. 191 Appeal by suspension or advocation on ground of miscarriage of justice.
  362. 191A Time limit for lodging bills of advocation and bills of suspension
  363. 191B Bill of advocation not competent in respect of certain decisions
  364. 192 Appeals: miscellaneous provisions.
  365. 193 Suspension of disqualification, forfeiture etc.
  366. 193A Suspension of certain sentences pending determination of appeal.
  367. 194 Computation of time.
  368. 194ZB Appeal from the Sheriff Appeal Court
  369. 194ZC Appeals: applications and procedure
  370. 194ZD Application for permission for appeal: determination by single judge
  371. 194ZE Further application for permission where single judge refuses permission
  372. 194ZF Applications for permission: further provision
  373. 194ZG Restriction of grounds of appeal
  374. 194ZH Disposal of appeals
  375. 194ZI Procedure where appellant in custody
  376. 194ZJ Abandonment of appeal
  377. 194ZK Finality of proceedings
  378. 194ZL Computation of time
  379. 194A Scottish Criminal Cases Review Commission.
  380. 194B References by the Commission
  381. 194C Grounds for reference.
  382. 194D Further provision as to references.
  383. 194DA High Court's power to reject a reference made by the Commission
  384. 194E Extension of Commission’s remit to summary cases.
  385. 194F Further powers.
  386. 194G Supplementary provision.
  387. 194H Power to request precognition on oath.
  388. 194I Power to obtain documents etc.
  389. 194IA Power to request assistance in obtaining information abroad
  390. 194J Offence of disclosure.
  391. 194K Exceptions from obligations of non-disclosure.
  392. 194L Consent to disclosure.
  393. 194M Further exception to section 194J
  394. 194N Effect of the exception
  395. 194O Notification and representations etc.
  396. 194P Consent if UK interest
  397. 194Q Consent if foreign interest
  398. 194R Designated foreign authority
  399. 194S Disapplication of sections 194O to 194R
  400. 194T Final disclosure-related matters
  401. 195 Remit to High Court for sentence.
  402. 196 Sentence following guilty plea.
  403. 197 Sentencing guidelines.
  404. 198 Form of sentence.
  405. 199 Power to mitigate penalties.
  406. 200 Remand for inquiry into physical or mental condition.
  407. 201 Power of court to adjourn case before sentence.
  408. 202 Deferred sentence.
  409. 203 Reports.
  410. 203A Reports about organisations
  411. 204 Restrictions on passing sentence of imprisonment or detention.
  412. 204A Restriction on consecutive sentences for released prisoners.
  413. 204B Consecutive sentences: life prisoners etc.
  414. 205 Punishment for murder.
  415. 205ZA Serious terrorism sentence
  416. 205ZB Minimum punishment part where life sentence imposed for serious terrorism offence
  417. 205ZC ... Sentence with fixed licence period
  418. 205B Minimum sentence for third conviction of certain offences relating to drug trafficking.
  419. 205C Meaning of “conviction” for purposes of sections 205A and 205B.
  420. 205D Only one sentence of imprisonment for life to be imposed in any proceedings
  421. 206 Minimum periods of imprisonment.
  422. 207 Detention of young offenders.
  423. 208 Detention of children convicted on indictment.
  424. 208A Detention of children under sections 205(2) and 208(1)
  425. 209 Supervised release orders.
  426. 210 Consideration of time spent in custody.
  427. 210ZA Consideration of time spent on electronically monitored bail
  428. 210A Extended sentences for sex, violent and terrorist offenders.
  429. 210AA Extended sentences for certain other offenders
  430. 210AB Particular factor as to victim safety
  431. 210B Risk assessment order
  432. 210C Risk assessment report
  433. 210D Interim hospital order and assessment of risk
  434. 210E The risk criteria
  435. 210EA Application of certain sections of this Act to proceedings under section 210C(7)
  436. 210F Order for lifelong restriction or compulsion order
  437. 210G Disposal of case where certain orders not made
  438. 210H Report of judge
  439. 211 Fines.
  440. 212 Fines in summary proceedings.
  441. 213 Remission of fines.
  442. 214 Fines: time for payment and payment by instalments.
  443. 215 Application for further time to pay fine.
  444. 216 Fines: restriction on imprisonment for default.
  445. 217 Fines: supervision pending payment.
  446. 218 Fines: supplementary provisions as to payment.
  447. 219 Fines: periods of imprisonment for non-payment.
  448. 220 Fines: part payment by prisoners.
  449. 221 Fines: recovery by civil diligence.
  450. 222 Transfer of fine orders.
  451. 223 Transfer of fines: procedure for clerk of court.
  452. 223A Recognition of financial penalties: requests to other member States
  453. 223B Requests to other member States: procedure on issue of certificate
  454. 223C Requests to other member States: application of provisions relating to fines
  455. 223D Requests to other member States: application of provisions relating to compensation orders
  456. 223E Requests to other member States: application of provisions relating to fixed penalties
  457. 223F Recognition of financial penalties: requests from other member States
  458. 223FA Requests from other member States: procedure where no certificate
  459. 223G Requests from other member States: return of certificate
  460. 223H Requests from other member States: procedure on receipt of certificate
  461. 223I Requests from other member States: action undertaken under certificate
  462. 223J Requests from other member States: application of provisions in relation to fines
  463. 223K Requests from other member States: supplementary provisions in relation to fines
  464. 223L Requests from other member States: action for enforcement where financial penalty not recovered
  465. 223M Requests from other member States: application of provisions relating to orders for compensation
  466. 223N Requests from other member States: supplementary provisions in relation to orders for compensation
  467. 223O Requests from other member States: application of provisions relating to fixed penalties
  468. 223P Transfer of certificates to central authority for England and Wales, or to central authority for Northern Ireland
  469. 223Q The competent authority for Scotland
  470. 223R Accrual of monies obtained from the enforcement of financial penalties
  471. 223S Treatment of compensation monies
  472. 223T Interpretation of sections 223A to 223S
  473. 224 Discharge from imprisonment to be specified.
  474. 225 Penalties: standard scale, prescribed sum and uprating.
  475. 226 Penalties: exceptionally high maximum fines.
  476. 226A Fines enforcement officers
  477. 226B Enforcement orders
  478. 226C Variation for further time to pay
  479. 226D Seizure of vehicles
  480. 226E Deduction from benefits
  481. 226F Powers of diligence
  482. 226G Reference of case to court
  483. 226H Review of actions of FEO
  484. 226HA Judicial co-operation in criminal matters: mutual recognition of financial penalties: requests to other member States
  485. 226I Enforcement of fines etc.: interpretation
  486. 227 Caution.
  487. 227A Community payback orders
  488. 227B Community payback order: procedure prior to imposition
  489. 227C Community payback order: responsible officer
  490. 227D Community payback order: further provision
  491. 227E Requirement to avoid conflict with religious beliefs, work etc.
  492. 227F Payment of offenders' travelling and other expenses
  493. 227G Offender supervision requirement
  494. 227H Compensation requirement
  495. 227I Unpaid work or other activity requirement
  496. 227J Unpaid work or other activity requirement: further provision
  497. 227K Allocation of hours between unpaid work and other activity
  498. 227L Time limit for completion of unpaid work or other activity
  499. 227M Fine defaulters
  500. 227N Offenders subject to more than one unpaid work or other activity requirement
  501. 227O Rules about unpaid work and other activity
  502. 227P Programme requirement
  503. 227Q Residence requirement
  504. 227R Mental health treatment requirement
  505. 227S Mental health treatment requirements: medical evidence
  506. 227T Power to change treatment
  507. 227U Drug treatment requirement
  508. 227V Alcohol treatment requirement
  509. 227W Conduct requirement
  510. 227X Periodic review of community payback orders
  511. 227Y Applications to vary, revoke and discharge community payback orders
  512. 227Z Variation, revocation and discharge: court's powers
  513. 227ZA Variation of community payback orders: further provision
  514. 227ZB Change of offender's residence to new local authority area
  515. 227ZC Breach of community payback order
  516. 227ZD Breach of community payback order: further provision
  517. 227ZE Restricted movement requirement : rules
  518. 227ZF Restricted movement requirement: effect
  519. 227ZG Restricted movement requirements: further provision
  520. 227ZH Variation of restricted movement requirement
  521. 227ZI Remote monitoring
  522. 227ZJ Restricted movement requirements: Scottish Ministers' functions
  523. 227ZK Documentary evidence in proceedings for breach of restricted movement requirement
  524. 227ZL Local authorities: annual consultations about unpaid work
  525. 227ZM Annual reports on community payback orders
  526. 227ZN Meaning of “the appropriate court”
  527. 227ZO Community payback orders: persons residing in England and Wales or Northern Ireland
  528. 228 Probation orders.
  529. 229 Probation orders: additional requirements.
  530. 229A Probation progress review
  531. 230 Probation orders: requirement of treatment for mental condition.
  532. 230A Requirement for remote monitoring in probation order
  533. 231 Probation orders: amendment and discharge.
  534. 232 Probation orders: failure to comply with requirement.
  535. 233 Probation orders: commission of further offence.
  536. 234 Probation orders: persons residing in England and Wales.
  537. 234A Non-harassment orders.
  538. 234AZA Non-harassment orders: consideration by court in certain cases
  539. 234AA Antisocial behaviour orders
  540. 234AB Antisocial behaviour orders: notification
  541. 234B Drug treatment and testing order.
  542. 234C Requirements and provisions of drug treatment and testing orders.
  543. 234CA Requirement for ... monitoring in drug treatment and testing order
  544. 234D Procedural matters relating to drug treatment and testing orders.
  545. 234E Amendment of drug treatment and testing order.
  546. 234F Periodic review of drug treatment and testing order.
  547. 234G Breach of drug treatment testing order.
  548. 234H Disposal on revocation of drugs treatment and testing order.
  549. 234J Concurrent drug treatment and testing and probation orders.
  550. 234K Drug treatment and testing orders: interpretation.
  551. 235 Supervised attendance orders.
  552. 236 Supervised attendance orders in place of fines for 16 and 17 year olds.
  553. 237 Supervised attendance orders where court allows further time to pay fine.
  554. 238 Community service orders.
  555. 239 Community service orders: requirements.
  556. 240 Community service orders: amendment and revocation etc.
  557. 241 Community service order: commission of offence while order in force.
  558. 242 Community service orders: persons residing in England and Wales.
  559. 243 Community service orders: persons residing in Northern Ireland.
  560. 244 Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.
  561. 245 Community service orders: rules, annual report and interpretation.
  562. 245A Restriction of liberty orders.
  563. 245B Monitoring of restriction of liberty orders.
  564. 245C Remote monitoring.
  565. 245D Combination of restriction of liberty order with other orders.
  566. 245DA Further provision about multiple orders
  567. 245E Variation of restriction of liberty order.
  568. 245F Breach of restriction of liberty order.
  569. 245G Disposal on revocation of restriction of liberty order.
  570. 245H Documentary evidence in proceedings under section 245F.
  571. 245I Procedure on variation or revocation of restriction of liberty order.
  572. 245J Breach of certain orders: adjourning hearing and remanding in custody etc.
  573. 245K Community reparation orders
  574. 245L Community reparation order: notification
  575. 245M Failure to comply with community reparation order: extension of 12 month period
  576. 245N Failure to comply with community reparation order: powers of court
  577. 245P Extension, variation and revocation of order
  578. 245Q Sections 245L, 245N and 245P: meaning of “appropriate court”
  579. 246 Admonition and absolute discharge.
  580. 247 Effect of probation and absolute discharge.
  581. 248 Disqualification where vehicle used to commit offence.
  582. 248A General power to disqualify offenders.
  583. 248B Power to disqualify fine defaulters.
  584. 248C Application of sections 248A and 248B.
  585. 248D Extension of disqualification where sentence of imprisonment also imposed
  586. 248E Effect of sentence of imprisonment in other cases
  587. 249 Compensation order against convicted person.
  588. 250 Compensation orders: supplementary provisions.
  589. 251 Review of compensation order.
  590. 252 Enforcement of compensation orders: application of provisions relating to fines.
  591. 253 Effect of compensation order on subsequent award of damages in civil proceedings.
  592. 253A Restitution order where conviction of police assault etc.
  593. 253B The Restitution Fund
  594. 253C Restitution order, fine and compensation order: order of preference
  595. 253D Application of receipts
  596. 253E Enforcement: application of certain provisions relating to fines
  597. 253F Victim surcharge
  598. 253G The Victim Surcharge Fund
  599. 253H Application of receipts
  600. 253J Enforcement: application of certain provisions relating to fines
  601. 254 Search warrant for forfeited articles.
  602. 254A European Protection Orders: interpretation
  603. 254B Issuing of a European Protection Order
  604. 254C Recognition of a European Protection Order
  605. 254D Implementation of a recognised European Protection Order
  606. 254E Modification and revocation of non-harassment orders made under section 254D
  607. 255 Special capacity.
  608. 255A Proof of age.
  609. 256 Agreements and admissions as to evidence.
  610. 257 Duty to seek agreement of evidence.
  611. 258 Uncontroversial evidence.
  612. 259 Exceptions to the rule that hearsay evidence is inadmissible.
  613. 260 Admissibility of prior statements of witnesses.
  614. 261 Statements by co-accused
  615. 261ZA Statements by accused
  616. 261ZB Exception to rule on inadmissiblity
  617. 261A Witness statements: use during trial
  618. 262 Construction of sections 259 to 261A.
  619. 263 Examination of witnesses.
  620. 264 Spouse or civil partner of accused a compellable witness
  621. 265 Witnesses not excluded for conviction, interest, relationship, etc.
  622. 266 Accused as witness.
  623. 267 Witnesses in court during trial.
  624. 267A Citation of witnesses for precognition
  625. 267B Order requiring accused to participate in identification procedure
  626. 268 Additional evidence.
  627. 269 Evidence in replication.
  628. 270 Evidence of criminal record and character of accused.
  629. 271 Vulnerable witnesses: main definitions
  630. 271A Child and deemed vulnerable witnesses
  631. 271AA Using only standard special measures
  632. 271B Further special provision for child witnesses under the age of 12
  633. 271BZA Child witnesses in certain solemn cases: special measures
  634. 271BZB Child witnesses in certain solemn cases: modifications of section 271A
  635. 271BZC Child witnesses in certain solemn cases: modifications of section 271D
  636. 271BA Assessment of witnesses
  637. 271C Vulnerable witness application
  638. 271D Review of arrangements for vulnerable witnesses
  639. 271E Vulnerable witnesses: supplementary provision
  640. 271F The accused
  641. 271G Saving provision
  642. 271H The special measures
  643. 271HA Temporary additional special measures
  644. 271HB Excluding the public while taking evidence
  645. 271I Taking of evidence by a commissioner
  646. 271J Live television link
  647. 271K Screens
  648. 271L Supporters
  649. 271M Giving evidence in chief in the form of a prior statement
  650. 271N Witness anonymity orders
  651. 271P Applications
  652. 271Q Making and determination of applications
  653. 271R Conditions for making orders
  654. 271S Relevant considerations
  655. 271T Direction to jury
  656. 271U Discharge and variation of order
  657. 271V Appeals
  658. 271W Appeal against the making of a witness anonymity order
  659. 271X Appeal against the refusal to make a witness anonymity order
  660. 271Y Appeal against a variation of a witness anonymity order
  661. 271Z Appeal against a refusal to vary or discharge a witness anonymity order
  662. 272 Evidence by letter of request or on commission.
  663. 273 Television link evidence from abroad.
  664. 273A Television link evidence from other parts of the United Kingdom
  665. 274 Restrictions on evidence relating to sexual offences.
  666. 275 Exceptions to restrictions under section 274.
  667. 275A Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275
  668. 275B Provisions supplementary to sections 275 and 275A
  669. 275C Expert evidence as to subsequent behaviour of complainer in certain cases
  670. 276 Evidence of biological material.
  671. 277 Transcript of police interview sufficient evidence.
  672. 278 Record of proceedings at examination as evidence.
  673. 279 Evidence from documents.
  674. 279A Evidence from certain official documents.
  675. 280 Routine evidence.
  676. 281 Routine evidence: autopsy and forensic science reports.
  677. 281A Routine evidence: reports of identification prior to trial
  678. 282 Evidence as to controlled drugs and medicinal products.
  679. 283 Evidence as to time and place of video surveillance recordings.
  680. 284 Evidence in relation to fingerprints.
  681. 285 Previous convictions: proof, general.
  682. 286 Previous convictions: proof in support of substantive charge.
  683. 286A Proof of previous conviction by court in other member State
  684. 287 Demission from office of Lord Advocate and Solicitor General for Scotland.
  685. 288 Intimation of proceedings in High Court to Lord Advocate.
  686. 288ZA Right of Advocate General to take part in proceedings
  687. 288ZB References of compatibility issues to the High Court or Supreme Court
  688. 288A Rights of appeal for Advocate General: compatibility issues and devolution issues.
  689. 288AA Appeals to the Supreme Court: compatibility issues
  690. 288AB References of UNCRC compatibility issues to the High Court or Supreme Court
  691. 288AC Appeals to the Supreme Court: UNCRC compatibility issues
  692. 288B Appeals to the Supreme Court: general.
  693. 288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies
  694. 288BA Dockets for charges of sexual offences
  695. 288BB Mixed charges for sexual offences
  696. 288BC Aggravation by intent to rape
  697. 288C Prohibition of personal conduct of defence in cases of certain sexual offences
  698. 288D Appointment of solicitor by court in such cases
  699. 288DA Jury direction relating to lack of communication about offence
  700. 288DB Jury direction relating to absence of physical resistance or physical force
  701. 288DC Prohibition of personal conduct of defence in domestic abuse cases
  702. 288E Prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12
  703. 288F Power to prohibit personal conduct of defence in other cases involving vulnerable witnesses
  704. 288G Application of vulnerable witnesses provisions to proceedings in the district court
  705. 288H Participation through live television link
  706. 288I Evidence and personal appearance
  707. 288J Effect of postponement
  708. 288K Specified hearings
  709. 288L Defined terms
  710. 289 Procedure and evidence in trials for treason.
  711. 290 Accused’s right to request identification parade.
  712. 291 Precognition on oath of defence witnesses.
  713. 292 Mode of trial of certain offences.
  714. 293 Statutory offences: art and part and aiding and abetting.
  715. 294 Attempt at crime.
  716. 295 Legal custody.
  717. 296 Warrants for search and apprehension to be signed by judge.
  718. 297 Execution of warrants and service of complaints, etc.
  719. 297A Re-execution of apprehension warrants
  720. 298 Trial judge’s report.
  721. 298A Intimation of bills and of petitions to the nobile officium
  722. 299 Correction of entries.
  723. 300 Amendment of records of conviction and sentence in summary proceedings.
  724. 300A Power of court to excuse procedural irregularities
  725. 301 Rights of audience.
  726. 301A Recovery of documents
  727. 302 Fixed penalty: conditional offer by procurator fiscal.
  728. 302A Compensation offer by procurator fiscal
  729. 302B Combined fixed penalty and compensation offer
  730. 302C Recall of fixed penalty or compensation offer
  731. 303 Fixed penalty: enforcement.
  732. 303ZA Work orders
  733. 303ZB Setting aside of offers and orders
  734. 303A Transfer of rights of appeal of deceased person.
  735. 303B Electronic summary proceedings
  736. 303C Electronic signatures
  737. 303D Sending documents electronically and to a solicitor
  738. 303E Documents to which sections 303C and 303D apply
  739. 303F Interpretation of sections 303C to 303E
  740. 303G Suspension of requirement for physical attendance in criminal trials
  741. 303H Suspension of requirement for physical attendance in criminal proceedings where only party is a public official
  742. 303I Directions under sections 303G and 303H
  743. 303J Suspension of requirement for physical attendance in other criminal hearings or proceedings
  744. 303K Attending by electronic means
  745. 303L General directions under section 303K
  746. 303M Publication of guidance
  747. 303N Transitional provisions
  748. 303O Interpretation of sections 303C to 303N
  749. 304 Criminal Courts Rules Council.
  750. 305 Acts of Adjournal.
  751. 306 Information for financial and other purposes.
  752. 307 Interpretation.
  753. 308 Construction of enactments referring to detention etc.
  754. 308A Expressions relating to electronic proceedings
  755. 309 Short title, commencement and extent.
  756. SCHEDULE 1 Offences Against Children Under the Age of 17 Years to which Special Provisions Apply
  757. SCHEDULE 2 Examples of Indictments
  758. SCHEDULE 3 Indictments and Complaints
  759. SCHEDULE 4 Supervision and Treatment Orders
  760. SCHEDULE 5 Forms of Complaint and Charges
  761. SCHEDULE 5ZA Serious terrorism offences
  762. SCHEDULE 5ZB Offences specified for the purpose of section 205ZC (sentence with fixed licence period)
  763. SCHEDULE 5ZC Terrorism offences
  764. SCHEDULE 8 Documentary Evidence in Criminal Proceedings
  765. SCHEDULE 9 Certificates as to Proof of Certain Routine Matters
  766. SCHEDULE 9A The Commission: Further Provisions
  767. SCHEDULE 10 Certain Offences Triable only Summarily
  768. SCHEDULE13 TRANSFER OF COMMUNITY PAYBACK ORDERS TO ENGLAND AND WALES OR NORTHERN IRELAND
  769. TABLE OF DERIVATIONS

Proposed changes to this act

No one has proposed a change to this act yet.

769 provisions

107F Other appeals under section 107A or 107B: appeal against directions etc.

(1) This section applies where— (a) an appeal brought under section 107A or 107B is not an expedited appeal, and (b) the appeal is not against an acquittal. (2) The court of first instance must desert the diet pro loco et tempore in relation to any offence to which the appeal relates. (3) The trial is to proceed only if another offence of which the accused has not been acquitted and to which the appeal does not relate is libelled in the indictment. (4) However, if the prosecutor moves for the diet to be deserted pro loco et tempore in relation to such other offence, the court must grant the motion. (5) If the prosecutor seeks leave to bring a new prosecution charging the accused with the same offence as that libelled in the indictment, or a similar offence arising out of the same facts as the offence libelled in the indictment, the High Court must grant the prosecutor authority to do so in accordance with section 119, unless the court considers that it would be contrary to the interests of justice to do so.

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108 Lord Advocate’s right of appeal against disposal.

(1) Where a person has been convicted on indictment, the Lord Advocate may, in accordance with subsection (2) below, appeal against any of the following disposals, namely— (a) a sentence passed on conviction; (b) a decision under section 209(1)(b) of this Act not to make a supervised release order; (c) a decision under section 234A(2) of this Act not to make a non-harassment order; (ca) a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;. (cb) a decision under section 22A of the Serious Crime Act 2007 not to make a serious crime prevention order; (cb) a decision under section 36(2) of the Regulatory Reform (Scotland) Act 2014 not to make a publicity order; (cc) a decision under section 41(2) of that Act not to make a remediation order; (cd) a decision under section 97B(2) of the Proceeds of Crime Act 2002 to make or not to make a compliance order; (ce) a decision under section 30(2) of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 not to make a remedial order, (cf) a decision under section 30(2) of that Act not to make a publicity order, (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (dd) a drug treatment and testing order; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) a decision to remit to the Principal Reporter made under section 49(1)(a) of this Act; (g) an order deferring sentence; (h) an admonition; or (i) an absolute discharge. (2) An appeal under subsection (1) above may be made— (a) on a point of law; (b) where it appears to the Lord Advocate, in relation to an appeal under— (i) paragraph (a), (h) or (i) of that subsection, that the disposal was unduly lenient; (ii) paragraph (b) , (c) , (ca), (cb) , (cc) , (cd), (ce) or (cf) of that subsection, that the decision not to make the order in question was inappropriate; (iii) paragraph (cd) or (dd) of that subsection, that the making of the order concerned was unduly lenient or was on unduly lenient terms; (iv) under paragraph (f) of that subsection, that the decision to remit was inappropriate; (v) under paragraph (g) of that subsection, that the deferment of sentence was inappropriate or was on unduly lenient conditions. (2A) In deciding whether to appeal under subsection (1) in any case, the Lord Advocate must have regard to any sentencing guidelines which are applicable in relation to the case. (3) For the purposes of subsection (2)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.

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108A Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases.

Where the court has exercised the power conferred by section or or 205B(3) of this Act, the Lord Advocate may appeal against that decision.

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109 Intimation of intention to appeal.

(1) Subject to section 111(2) of this Act and to section 99 of the Proceeds of Crime Act 2002 (postponement) , where a person desires to appeal under section 106(1)(a) or (f) of this Act, he shall within two weeks of the final determination of the proceedings, lodge with the Clerk of Justiciary written intimation of intention to appeal which shall identify the proceedings and be in as nearly as may be the form prescribed by Act of Adjournal. (1A) Where a person desires to appeal under section 106(1)(a) of this Act by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16), subsection (1) applies with the following modifications— (a) for the words “two weeks of the final determination of the proceedings” substitute “ two weeks of the date on which the person is acquitted of an offence mentioned in section 11(2) of the Double Jeopardy (Scotland) Act 2011 (asp 16) ”; and (b) the reference to identifying the proceedings is to be construed as a reference to identifying— (i) the proceedings which resulted in the conviction desired to be appealed; and (ii) the proceedings which resulted in the person's acquittal as mentioned in section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16). (1B) Subsections (5) to (9) of section 106 of this Act do not apply where the modifications specified in subsection (1A) apply. (2) A copy of intimation given under subsection (1) above shall be sent to the Crown Agent. (3) On intimation under subsection (1) above being lodged by a person in custody, the Clerk of Justiciary shall give notice of the intimation to the Secretary of State. (4) Subject to subsection (5) below, for the purposes of subsection (1) above and section 106(5) to (7) of this Act, proceedings shall be deemed finally determined on the day on which sentence is passed in open court. (5) Where in relation to an appeal under section 106(1)(a) of this Act sentence is deferred under section 202 of this Act, the proceedings shall be deemed finally determined on the day on which sentence is first so deferred in open court. (6) Without prejudice to section 10 of the said Act of 1995, the reference in subsection (4) above to “the day on which sentence is passed in open court” shall, in relation to any case in which, under subsection (1) of that section, a decision has been postponed for a period, be construed as a reference to the day on which that decision is made, whether or not a confiscation order is then made or any other sentence is then passed.

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110 Note of appeal.

(1) Subject to section 111(2) of this Act— (a) within eight weeks of lodging intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) of this Act . . . , within two weeks of the appropriate date (being, as the case may be, the date on which sentence was passed, the order disposing of the case was made, sentence was deferred ... or the previous conviction was quashed as mentioned in section 106A(1)(c) or (2)(c) of this Act) in open court, the convicted person may lodge a written note of appeal with the Clerk of Justiciary who shall send a copy to the judge who presided at the trial and to the Crown Agent; or, as the case may be, (b) within four weeks of the passing of the sentence in open court, the Lord Advocate may lodge such a note with the Clerk of Justiciary, who shall send a copy to the said judge and to the convicted person or that person’s solicitor. (c) where the prosecutor intimates intention to appeal under section 107A(1), within 7 days after the acquittal or direction appealed against, the prosecutor may, except in the case of an expedited appeal, lodge such a note with the Clerk of Justiciary, who must send a copy to the judge and to the accused or to the accused's solicitor, (d) within 7 days after leave to appeal under section 107B(1) is granted, the prosecutor may, except in the case of an expedited appeal, lodge such a note with the Clerk of Justiciary, who must send a copy to the judge and to the accused or to the accused's solicitor, (e) in the case of an expedited appeal, as soon as practicable after the decision as to hearing and determining the case is made under section 107D(2), the prosecutor may— (i) lodge such a note with the Clerk of Justiciary, and (ii) provide a copy to the judge and to the accused or to the accused's solicitor. (2) The period of eight weeks mentioned in paragraph (a) of subsection (1) above may be extended, before it expires, by the Clerk of Justiciary. (3) A note of appeal shall— (a) identify the proceedings; (b) contain a full statement of all the grounds of appeal; and (c) be in as nearly as may be the form prescribed by Act of Adjournal. (3A) In respect of a written note of appeal relating to an appeal by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16)— (a) subsection (1) applies as if the reference to the judge who presided at the trial were a reference to— (i) the judge who presided at the trial resulting in the conviction to which the written note of appeal relates; and (ii) the judge who presided at the trial for an offence mentioned in section 11(2) of that Act resulting in the convicted person's acquittal; and (b) subsection (3)(a) applies as if the reference to the proceedings were a reference to— (i) the proceedings which resulted in the conviction to which the written note of appeal relates; and (ii) the proceedings which resulted in the convicted person's acquittal. (4) Except by leave of the High Court on cause shown, it shall not be competent for an appellant to found any aspect of his appeal on a ground not contained in the note of appeal. (5) Subsection (4) above shall not apply as respects any ground of appeal specified as an arguable ground of appeal by virtue of subsection (7) of section 107 of this Act. (6) On a note of appeal under section 106(1)(b) to (e) of this Act being lodged by an appellant in custody the Clerk of Justiciary shall give notice of that fact to the Secretary of State.

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111 Provisions supplementary to sections 109 and 110.

(1) Where the last day of any period mentioned in sections 109(1) and 110(1) of this Act falls on a day on which the office of the Clerk of Justiciary is closed, such period shall extend to and include the next day on which such office is open. (2) Any period mentioned in section 109(1) or 110(1)(a) of this Act may be extended at any time by the High Court in respect of any convicted person; and an application for such extension may be made under this subsection and shall be in as nearly as may be the form prescribed by Act of Adjournal. (2ZA) Where an application under subsection (2) is received after the period to which it relates has expired, the High Court may extend the period only if it is satisfied that doing so is justified by exceptional circumstances. (2ZB) In considering whether there are exceptional circumstances for the purpose of subsection (2ZA), the High Court must have regard to— (a) the length of time that has elapsed between the expiry of the period and the making of the application, (b) the reasons stated in accordance with subsection (2A)(a)(i), (c) the proposed grounds of appeal. (2A) An application under subsection (2) ... must— (a) state— (i) the reasons why the applicant failed , or expects to fail, to comply with the time limit ..., and (ii) the proposed grounds of appeal, and (b) be intimated in writing by the applicant to the Crown Agent. (2B) If the prosecutor so requests within 7 days of receipt of intimation of the application under subsection (2A)(b), the prosecutor must be given an opportunity to make representations before the application is determined. (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) An application under subsection (2) is to be dealt with by the High Court— (a) in chambers, and (b) unless the Court directs otherwise, without the parties being present. (5) If the High Court extends a period under subsection (2), it must— (a) give reasons for the decision in writing, and (b) give the reasons in ordinary language.

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112 Admission of appellant to bail.

(1) Subject to subsections (2), (2A) and (9) below, the High Court may, if it thinks fit, on the application of a convicted person, admit him to bail pending the determination of— (a) his appeal; or (b) any relevant appeal by the Lord Advocate under section 108 or 108A of this Act. (2) The High Court shall not admit a convicted person to bail under subsection (1) above unless— (a) the application for bail— (i) states reasons why it should be granted; and (ii) where he is the appellant and has not lodged a note of appeal in accordance with section 110(1)(a) of this Act, sets out the proposed grounds of appeal; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) Where— (a) the convicted person is the appellant and has not lodged a note of appeal in accordance with section 110(1)(a) of this Act; or (b) the Lord Advocate is the appellant, the High Court shall not admit the convicted person to bail under subsection (1) above unless it considers there to be exceptional circumstances justifying admitting him to bail. (3) A person who is admitted to bail under subsection (1) above shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal. (4) Where an appellant fails to appear personally in court as mentioned in subsection (3) above, the court may— (a) if he is the appellant— (i) decline to consider the appeal; and (ii) dismiss it summarily; or (b) whether or not he is the appellant— (i) consider and determine the appeal; or (ii) without prejudice to section 27 of this Act, make such other order as the court thinks fit. (5) For the purposes of subsections (1), (3) and (4) above, “appellant” includes not only a person who has lodged a note of appeal but also one who has lodged an intimation of intention to appeal. (6) Subject to subsections (7) and (9) below, the High Court may, if it thinks fit, on the application of a convicted person, admit him to bail pending the determination of any appeal under section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998 and the disposal of the proceedings by the High Court thereafter. (7) The High Court shall not admit a convicted person to bail under subsection (6) above unless (a) the application for bail states reasons why it should be granted and the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail and (b) where the appeal relates to conviction on indictment, the prosecutor has had an opportunity to be heard on the application. (8) A person who is admitted to bail under subsection (6) above shall, unless the High Court otherwise directs, appear personally in the High Court at any subsequent hearing in the High Court in relation to the proceedings; and if he fails to do so the court may, without prejudice to section 27 of this Act, make such order as it thinks fit. (9) An application for the purposes of subsection (1) or (6) above by a person convicted on indictment shall be— (a) intimated by him immediately and in writing to the Crown Agent; and (b) heard not less than seven days after the date of that intimation.

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113 Judge’s report.

(1) Subject to subsections (1A) to (1D), As soon as is reasonably practicable after receiving the copy note of appeal sent to him under any of paragraphs (a) to (d) of section 110(1) of this Act, the judge who presided at the trial shall furnish the Clerk of Justiciary with a written report giving the judge’s opinion on the case generally and on the grounds contained in the note of appeal. (1A) Subsections (1B) to (1D) apply where the copy note of appeal mentioned in subsection (1) relates to an appeal by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16). (1B) The reference in subsection (1) to the judge who presided at the trial is to be construed as a reference to— (a) the judge who presided at the trial for an offence mentioned in section 11(2) of that Act resulting in the appellant's acquittal; and (b) where subsection (1C) applies, the judge who presided at the trial resulting in the conviction to which the copy note of appeal relates. (1C) This subsection applies— (a) where, in connection with the appeal, the High Court calls for the report to be furnished by the judge mentioned in subsection (1B)(b); and (b) it is reasonably practicable for the judge to furnish the report. (1D) For the purposes of subsections (1) to (1C), it is irrelevant whether or not the judge mentioned in subsection (1B)(b) had previously furnished a report under subsection (1). (2) The Clerk of Justiciary shall send a copy of the judge’s report— (a) to the convicted person or his solicitor; (b) to the Crown Agent; and (c) in a case referred under Part XA of this Act, to the Commission. (3) Where the judge’s report is not furnished as mentioned in subsections (1) to (1D) above, the High Court may call for the report to be furnished within such period as it may specify or, if it thinks fit, hear and determine the appeal without the report. (4) Subject to subsection (2) above, the report of the judge shall be available only to the High Court, the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed.

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113A Judge's observations in expedited appeal

(1) On receiving a note of appeal given under section 110(1)(e), the judge who presided at the trial may give the Clerk of Justiciary any written observations that the judge thinks fit on— (a) the case generally, (b) the grounds contained in the note of appeal. (2) The High Court may hear and determine the appeal without any such written observations. (3) If written observations are given under subsection (1), the Clerk of Justiciary must give a copy of them to— (a) the accused or the accused's solicitor, and (b) the prosecutor. (4) The written observations of the judge are available only to— (a) the High Court, (b) the parties, and (c) any other person or classes of person prescribed by Act of Adjournal, in accordance with any conditions prescribed by Act of Adjournal.

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114 Applications made orally or in writing.

Subject to any provision of this Part of this Act or to rules made under section 305 of this Act to the contrary, any application to the High Court may be made by the appellant or respondent as the case may be or by counsel on his behalf, orally or in writing.

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115 Presentation of appeal in writing.

(1) Subject to rules made under section 305 of this Act, if an appellant, . . . desires to present his case and his argument in writing instead of orally he shall, at least four days before the diet fixed for the hearing of the appeal— (a) intimate this desire to the Clerk of Justiciary; (b) lodge with the Clerk of Justiciary three copies of his case and argument; and (c) send a copy of the intimation, case and argument to the Crown Agent. (2) Any case or argument presented as mentioned in subsection (1) above shall be considered by the High Court. (3) Unless the High Court otherwise directs, the respondent shall not make a written reply to a case and argument presented as mentioned in subsection (1) above, but shall reply orally at the diet fixed for the hearing of the appeal. (4) Unless the High Court otherwise allows, an appellant who has presented his case and argument in writing shall not be entitled to submit in addition an oral argument to the court in support of the appeal.

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116 Abandonment of appeal.

(1) An appellant may abandon his appeal by lodging with the Clerk of Justiciary a notice of abandonment in as nearly as may be the form prescribed by Act of Adjournal; and on such notice being lodged the appeal shall be deemed to have been dismissed by the court. (2) A person who has appealed against both conviction and sentence (or, as the case may be, against both conviction and a decision mentioned in section 106(1)(bb) or both conviction and disposal and order) may abandon the appeal in so far as it is against conviction and may proceed with it against sentence (or, as the case may be, decision, disposal or order) alone.

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117 Presence of appellant or applicant at hearing.

(1) Where an appellant or applicant is in custody the Clerk of Justiciary shall notify— (a) the appellant or applicant; (b) the Governor of the prison in which the appellant or applicant then is; and (c) the Secretary of State, of the probable day on which the appeal or application will be heard. (2) The Secretary of State shall take steps to transfer the appellant or applicant to a prison convenient for his appearance before the High Court at such reasonable time before the hearing as shall enable him to consult his legal adviser, if any. (3) A convicted appellant, notwithstanding that he is in custody, shall be entitled to be present if he desires it, at the hearing of his appeal. (4) When an appellant or applicant is to be present at any diet— (a) before the High Court or any judge of that court; or (b) for the taking of additional evidence before a person appointed for that purpose under section 104(1)(b) of this Act, or (c) for an examination or investigation by a special commissioner in terms of section 104(1)(d) of this Act, the Clerk of Justiciary shall give timeous notice to the Secretary of State, in the form prescribed by Act of Adjournal or as nearly as may be in such form. (5) A notice under subsection (4) above shall be sufficient warrant to the Secretary of State for transmitting the appellant or applicant in custody from prison to the place where the diet mentioned in that subsection or any subsequent diet is to be held and for reconveying him to prison at the conclusion of such diet. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where the Lord Advocate is the appellant, subsections (1) to (5) above shall apply in respect of the convicted person, if in custody, as they apply to an appellant or applicant in custody. (8) The Secretary of State shall, on notice under subsection (4) above from the Clerk of Justiciary, ensure that sufficient male and female prison officers attend each sitting of the court, having regard to the list of appeals for the sitting. (9) When the High Court fixes the date for the hearing of an appeal, or of an application under section 111(2) of this Act, the Clerk of Justiciary shall give notice to the Crown Agent and to the solicitor of the convicted person, or to the convicted person himself if he has no known solicitor.

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118 Disposal of appeals.

(1) The High Court may, subject to subsection (4) below, dispose of an appeal against conviction by— (a) affirming the verdict of the trial court; (b) setting aside the verdict of the trial court and either quashing the conviction or, subject to subsection (2) below, substituting therefor an amended verdict of guilty; or (c) setting aside the verdict of the trial court and quashing the conviction and granting authority to bring a new prosecution in accordance with section 119 of this Act. (1A) Where an appeal against conviction is by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16), paragraph (c) of subsection (1) does not apply. (2) An amended verdict of guilty substituted under subsection (1) above must be one which could have been returned on the indictment before the trial court. (3) In setting aside, under subsection (1) above, a verdict the High Court may quash any sentence imposed on the appellant (or, as the case may be, any disposal or order made) as respects the indictment, and— (a) in a case where it substitutes an amended verdict of guilty, whether or not the sentence (or disposal or order) related to the verdict set aside; or (b) in any other case, where the sentence (or disposal or order) did not so relate, may pass another (but not more severe) sentence or make another (but not more severe) disposal or order in substitution for the sentence, disposal or order so quashed. (4) The High Court may, subject to subsection (5) below, dispose of an appeal against sentence by— (a) affirming such sentence; or (b) if the Court thinks that, having regard to all the circumstances, including any . . . evidence such as is mentioned in section 106(3) of this Act, a different sentence should have been passed, quashing the sentence and passing another sentence whether more or less severe in substitution therefor, and, in this subsection, “appeal against sentence” shall, without prejudice to the generality of the expression, be construed as including an appeal under section 106(1)(ba), (bb), (c), (d), (da), (e) or (f), and any appeal under section 108, of this Act; and other references to sentence shall be construed accordingly. (4AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) On an appeal under section 108A of this Act, the High Court may dispose of the appeal— (a) by affirming the decision and any sentence or order passed; (b) where it is of the opinion mentioned in section 205A(3) or, as the case may be, 205B(3) of this Act but it considers that a different sentence or order should have been passed, by affirming the decision but quashing any sentence or order passed and passing another sentence or order whether more or less severe in substitution therefor; or (c) in any other case, by setting aside the decision appealed against and any sentence or order passed by the trial court and where the decision appealed against was taken under— (i) subsection (3) of section 205A of this Act, by passing the sentence mentioned in subsection (2) of that section; (ii) subsection (3) of section 205B of this Act, by passing a sentence of imprisonment of at least the length mentioned in subsection (2) of that section; or (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In relation to any appeal under section 106(1) of this Act, the High Court shall, where it appears to it that the appellant committed the act charged against him but that he was not, because of section 51A of this Act, criminally responsible for it, dispose of the appeal by— (a) setting aside the verdict of the trial court and substituting therefor a verdict of acquittal by reason of the special defence set out in section 51A of this Act; and (b) quashing any sentence imposed on the appellant (or disposal or order made) as respects the indictment and— (i) making, in respect of the appellant, any order mentioned in section 57(2)(a) to (d) of this Act; or (ii) making no order. (6) Subsections (3) to (6) of section 57 of this Act shall apply to an order made under subsection (5)(b)(i) above as they apply to an order made under subsection (2) of that section. (7) In disposing of an appeal under section 106(1)(b) to (f) or 108 of this Act the High Court may, without prejudice to any other power in that regard, pronounce an opinion on (a) the sentence or other disposal or order which is appropriate in any similar case ; ..., (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) No conviction, sentence, judgment, order of court or other proceeding whatsoever in or for the purposes of solemn proceedings under this Act— (a) shall be quashed for want of form; or (b) where the accused had legal assistance in his defence, shall be suspended or set aside in respect of any objections to— (i) the relevancy of the indictment, or the want of specification therein; or (ii) the competency or admission or rejection of evidence at the trial in the inferior court, unless such objections were timeously stated. (9) The High Court may give its reasons for the disposal of any appeal in writing without giving those reasons orally.

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119 Provision where High Court authorises new prosecution.

(1) Subject to subsection (2) below, where authority is granted under section 118(1)(c) or 107E(3) or 107F(5) of this Act, a new prosecution may be brought charging the accused with the same or any similar offence arising out of the same facts; and the proceedings out of which the appeal arose shall not be a bar to such new prosecution. (2) In a new prosecution under this section— (a) where authority for the prosecution is granted under section 118(1)(c), the accused must not be charged with an offence more serious than that of which the accused was convicted in the earlier proceedings, (b) where authority for the prosecution is granted under section 107E(3), the accused must not be charged with an offence more serious than that of which the accused was acquitted in the earlier proceedings, (c) where authority for the prosecution is granted under section 107F(5), the accused must not be charged with an offence more serious than that originally libelled in the indictment in the earlier proceedings. (2A) In a new prosecution under this section brought by virtue of section 107F(5), the circumstances set out in the indictment are not to be inconsistent with any direction given under section 97B(2)(b) or 97C(2) in the proceedings which gave rise to the appeal in question unless the High Court, in disposing of that appeal, determined that the direction was wrong in law. (3) No sentence may be passed on conviction under the new prosecution which could not have been passed on conviction under the earlier proceedings. (4) A new prosecution may be brought under this section, notwithstanding that any time limit, other than the time limit mentioned in subsection (5) below, for the commencement of such proceedings has elapsed. (5) Proceedings in a prosecution under this section shall be commenced within two months of the date on which authority to bring the prosecution was granted. (6) In proceedings in a new prosecution under this section it shall, subject to subsection (7) below, be competent for either party to lead any evidence which it was competent for him to lead in the earlier proceedings. (7) The indictment in a new prosecution under this section shall identify any matters as respects which the prosecutor intends to lead evidence by virtue of subsection (6) above which would not have been competent but for that subsection. (8) For the purposes of subsection (5) above, proceedings shall be deemed to be commenced— (a) in a case where a warrant to apprehend the accused is granted— (i) on the date on which the warrant is executed; or (ii) if it is executed without unreasonable delay, on the date on which it is granted; (b) in any other case, on the date on which the accused is cited. (9) Where the two months mentioned in subsection (5) above elapse and no new prosecution has been brought under this section, the order under section 118(1)(c) of this Act setting aside the verdict or under section 107E(3) or 107F(5) granting authority to bring a new prosecution shall have the effect, for all purposes, of an acquittal. (10) On granting authority under section 118(1)(c) or 107E(3) or 107F(5) of this Act to bring a new prosecution, the High Court shall, after giving the parties an opportunity of being heard, order the detention of the accused person in custody or admit him to bail. (11) Section 65(4)(aa) and (b) and (4A) to (9) of this Act (prevention of delay in trials) shall apply to an accused person who is detained under subsection (10) above as they apply to an accused person detained by virtue of being committed until liberated in due course of law.

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120 Appeals: supplementary provisions.

(1) Where— (a) intimation of the diet appointed for the hearing of the appeal has been made to the appellant; (b) no appearance is made by or on behalf of an appellant at the diet; and (c) no case or argument in writing has been timeously lodged, the High Court shall dispose of the appeal as if it had been abandoned. (2) The power of the High Court to pass any sentence under this Part of this Act may be exercised notwithstanding that the appellant (or, where the Lord Advocate is the appellant, the convicted person) is for any reason not present. (3) When the High Court has heard and dealt with any application under this Part of this Act, the Clerk of Justiciary shall (unless it appears to him unnecessary so to do) give to the applicant if he is in custody and has not been present at the hearing of such application notice of the decision of the court in relation to the said application. (4) On the final determination of any appeal under this Part of this Act or of any matter under section 103(5) of this Act, the Clerk of Justiciary shall give notice of such determination— (a) to the appellant or applicant if he is in custody and has not been present at such final determination; (b) to the clerk of the court in which the conviction took place; and (c) to the Secretary of State.

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121 Suspension of disqualification, forfeiture, etc.

(1) Any disqualification, forfeiture or disability which attaches to a person by reason of a conviction shall not attach— (a) for the period of four weeks from the date of the verdict against him; or (b) where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) , 108 or 108A of this Act, a note of appeal is lodged, until the appeal, if it is proceeded with, is determined. (2) The destruction or forfeiture or any order for the destruction or forfeiture of any property, matter or thing which is the subject of or connected with any prosecution following upon a conviction shall be suspended— (a) for the period of four weeks after the date of the verdict in the trial; or (b) where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) , 108 or 108A of this Act, a note of appeal is lodged, until the appeal, if it is proceeded with, is determined. (3) This section does not apply in the case of any disqualification, destruction or forfeiture or order for destruction or forfeiture under or by virtue of any enactment which makes express provision for the suspension of the disqualification, destruction or forfeiture or order for destruction or forfeiture pending the determination of an appeal against conviction or sentence. (4) Where, upon conviction, a fine has been imposed on a person or a compensation order has been made against him under section 249 of this Act, then, for a period of four weeks from the date of the verdict against such person or, in the event of an intimation of intention to appeal (or in the case of an appeal under section 106(1)(b) to (e) , 108 or 108A of this Act a note of appeal) being lodged under this Part of this Act, until such appeal, if it is proceeded with, is determined— (a) the fine or compensation order shall not be enforced against that person and he shall not be liable to make any payment in respect of the fine or compensation order; and (b) any money paid by that person under the compensation order shall not be paid by the clerk of court to the person entitled to it under subsection (9) of the said section 249. (5) In this section– (a) “appeal” includes an appeal under section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998; and (b) in relation to such an appeal, references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal.

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121A Suspension of certain sentences pending determination of appeal.

(1) Where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) ... , 108 or 108A of this Act, a note of appeal is lodged, the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined. (2) Where the court has directed the suspension of the whole or any remaining part of a person’s relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal. (3) Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may— (a) if he is the appellant— (i) decline to consider the appeal; and (ii) dismiss it summarily; or (b) whether or not he is the appellant— (i) consider and determine the appeal; or (ii) make such other order as the court thinks fit. (4) In this section “ relevant sentence ” means any one or more of the following— (aa) a community payback order; (d) a restriction of liberty order. (5) Subsections (1), (2) and (4) above apply to an appeal under section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998 and, in relation to such an appeal– (a) references to an appeal being determined are to be read as references to the disposal of the proceedings by the High Court following determination of the appeal; and (b) the reference in subsection (2) to the hearing of the appeal is to be read as a reference to any subsequent hearing in the High Court in relation to the proceedings. (6) Where a person fails to appear personally in court as mentioned in subsection (2) as read with subsection (5) above, the court may make such order as it thinks fit.

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122 Fines and caution.

(1) Where a person has on conviction been sentenced to payment of a fine and in default of payment to imprisonment, the person lawfully authorised to receive the fine shall, on receiving it, retain it until the determination of any appeal in relation to the conviction or sentence. (2) If a person sentenced to payment of a fine remains in custody in default of payment of the fine he shall be deemed, for the purposes of this Part of this Act, to be a person sentenced to imprisonment. (3) An appellant who has been sentenced to the payment of a fine, and has paid it in accordance with the sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the High Court, to the return of the sum paid or any part of it. (4) A convicted person who has been sentenced to the payment of a fine and has duly paid it shall, if an appeal against sentence by the Lord Advocate or any appeal by the Lord Advocate or the Advocate General for Scotland under section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998results in the sentence being quashed and no fine, or a lesser fine than that paid, being imposed, be entitled, subject to any order of the High Court, to the return of the sum paid or as the case may be to the return of the amount by which that sum exceeds the amount of the lesser fine. (5) In subsections (1) and (3) above, “appeal” includes an appeal under section 288AA of this Act or paragraph 13(a) of Schedule 6 to the Scotland Act 1998.

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123 Lord Advocate’s reference.

(1) Where a person tried on indictment is acquitted or convicted of a charge, the Lord Advocate may refer a point of law which has arisen in relation to that charge to the High Court for their opinion; and the Clerk of Justiciary shall send to the person and to any solicitor who acted for the person at the trial, a copy of the reference and intimation of the date fixed by the Court for a hearing. (2) The person may, not later than seven days before the date so fixed, intimate in writing to the Clerk of Justiciary and to the Lord Advocate either— (a) that he elects to appear personally at the hearing; or (b) that he elects to be represented thereat by counsel, but, except by leave of the Court on cause shown, and without prejudice to his right to attend, he shall not appear or be represented at the hearing other than by and in conformity with an election under this subsection. (3) Where there is no intimation under subsection (2)(b) above, the High Court shall appoint counsel to act at the hearing as amicus curiae . (4) The costs of representation elected under subsection (2)(b) above or of an appointment under subsection (3) above shall, after being taxed by the Auditor of the Court of Session, be paid by the Lord Advocate. (5) The opinion on the point referred under subsection (1) above shall not affect the acquittal or, as the case may be, conviction in the trial.

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124 Finality of proceedings and Secretary of State’s reference.

(1) Nothing in this Part or Part XA of this Act shall affect the prerogative of mercy. (2) Subject to Part XA and section 288AA of this Act and paragraph 13(a) of Schedule 6 to the Scotland Act 1998, every interlocutor and sentence pronounced by the High Court under this Part of this Act shall be final and conclusive and not subject to review by any court whatsoever and , except for the purposes of ... an appeal under section 288AA of this Act or paragraph 13(a) of that Schedule, it shall be incompetent to stay or suspend any execution or diligence issuing from the High Court under this Part of this Act. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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125 Reckoning of time spent pending appeal.

(1) Subject to subsection (2) below, where a convicted person is admitted to bail under section 112 of this Act, the period beginning with the date of his admission to bail and ending on the date of his readmission to prison in consequence of the determination or abandonment of— (a) his appeal; or, as the case may be, (b) any relevant appeal by the Lord Advocate under section 108 or 108A of this Act, shall not be reckoned as part of any term of imprisonment under his sentence. (2) The time, including any period consequent on the recall of bail, during which an appellant is in custody pending the determination of his appeal or, as the case may be, of any relevant appeal by the Lord Advocate under section 108 or 108A of this Act shall, subject to any direction which the High Court may give to the contrary, be reckoned as part of any term of imprisonment under his sentence. (3) Subject to any direction which the High Court may give to the contrary, imprisonment of an appellant or, where the appellant is the Lord Advocate, of a convicted person— (a) who is in custody in consequence of the conviction or sentence appealed against, shall be deemed to run as from the date on which the sentence was passed; (b) who is in custody other than in consequence of such conviction or sentence, shall be deemed to run or to be resumed as from the date on which his appeal was determined or abandoned; (c) who is not in custody, shall be deemed to run or to be resumed as from the date on which he is received into prison under the sentence. (4) In this section references to a prison and imprisonment shall include respectively references to a young offenders institution or place of safety or, as respects a child sentenced to be detained under section 208 of this Act, the place directed by the Secretary of State and to detention in such institution, centre or place of safety, or, as respects such a child, place directed by the Secretary of State and any reference to a sentence shall be construed as a reference to a sentence passed by the court imposing sentence or by the High Court on appeal as the case may require.

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126 Extract convictions.

No extract conviction shall be issued— (a) during the period of four weeks after the day on which the conviction took place, except in so far as it is required as a warrant for the detention of the person convicted under any sentence which has been pronounced against him; nor (b) where an intimation of intention to appeal or, in the case of an appeal under section 106(1)(b) to (e) , 108 or 108Aof this Act, a note of appeal is lodged, until the appeal, if it is proceeded with, is determined.

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127 Forms in relation to appeals.

(1) The Clerk of Justiciary shall furnish the necessary forms and instructions in relation to intimations of intention to appeal, notes of appeal or notices of application under this Part of this Act to— (a) any person who demands them; and (b) to officers of courts, governors of prisons, and such other officers or persons as he thinks fit. (2) The governor of a prison shall cause the forms and instructions mentioned in subsection (1) above to be placed at the disposal of prisoners desiring to appeal or to make any application under this Part of this Act. (3) The governor of a prison shall, if requested to do so by a prisoner, forwarded on the prisoner’s behalf to the Clerk of Justiciary any intimation, note or notice mentioned in subsection (1) above given by the prisoner.

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128 Fees and expenses.

Except as otherwise provided in this Part of this Act, no court fees, or other fees or expenses shall be exigible from or awarded against an appellant or applicant in respect of an appeal or application under this Part of this Act.

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129 Non-compliance with certain provisions may be waived.

(1) Non-compliance with— (a) the provisions of this Act set out in subsection (3) below; or (b) any rule of practice for the time being in force under this Part of this Act relating to appeals, shall not prevent the further prosecution of an appeal if the High Court or a judge thereof considers it just and proper that the non-compliance is waived or, in the manner directed by the High Court or judge, remedied by amendment or otherwise. (2) Where the High Court or a judge thereof directs that the non-compliance is to be remedied, and the remedy is carried out, the appeal shall proceed. (3) The provisions of this Act referred to in subsection (1) above are:— section 94 section 103(1), (4), (6) and (7) section 104(2) and (3) section 105 section 106(4) section 111 section 114 section 115 section 116 section 117 section 120(1), (3) and (4) section 121 section 122 section 126 section 128. (4) This section does not apply to any rule of practice relating to appeals under section 60 of this Act.

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130 Bill of suspension not competent.

It shall not be competent to appeal to the High Court by bill of suspension against any conviction, sentence, judgement or order pronounced in any proceedings on indictment in the sheriff court.

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130A Bill of advocation not competent in respect of certain decisions

It is not competent to bring under review of the High Court by way of bill of advocation a decision taken at a first diet or a preliminary hearing.

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131 Prosecution appeal by bill of advocation.

(1) Without prejudice to section 74 of this Act, the prosecutor’s right to bring a decision under review of the High Court by way of bill of advocation in accordance with existing law and practice shall extend to the review of a decision of any court of solemn jurisdiction. (2) Where a decision to which a bill of advocation relates is reversed on the review of the decision the prosecutor may, whether or not there has already been a trial diet at which evidence has been led, proceed against the accused by serving him with an indictment containing, subject to subsection (3) below, the charge or charges which were affected by the decision. (3) The wording of the charge or charges referred to in subsection (2) above shall be as it was immediately before the decision appealed against.

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132 Interpretation of Part VIII.

In this Part of this Act, unless the context otherwise requires— “ appellant ” includes a person who has been convicted and desires to appeal under this Part of the Act; “ sentence ” includes any order of the High Court made on conviction with reference to the person convicted or his wife or children, and any recommendation of the High Court as to the making of a deportation order in the case of a person convicted and the power of the High Court to pass a sentence includes a power to make any such order of the court or recommendation, and a recommendation so made by the High Court shall have the same effect for the purposes of Articles 20 and 21 of the Aliens Order 1953 as the certificate and recommendation of the convicting court.

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133 Application of Part IX of Act.

(1) This Part of this Act applies to summary proceedings in respect of any offence which might prior to the passing of this Act, or which may under the provisions of this or any Act, whether passed before or after the passing of this Act, be tried summarily. (2) Without prejudice to subsection (1) above, this Part of this Act also applies to procedure in all courts of summary jurisdiction in so far as they have jurisdiction in respect of— (a) any offence or the recovery of a penalty under any enactment or rule of law which does not exclude summary procedure as well as, in accordance with section 211(3) and (4) of this Act, to the enforcement of a fine imposed in solemn proceedings; and (b) any order ad factum praestandum, or other order of court or warrant competent to a court of summary jurisdiction. (3) Where any statute provides for summary proceedings to be taken under any public general or local enactment, such proceedings shall be taken under this Part of this Act. (4) Nothing in this Part of this Act shall— (a) extend to any complaint or other proceeding under or by virtue of any statutory provision for the recovery of any rate, tax, or impost whatsoever; or (b) affect any right to raise any civil proceedings. (5) Except where any enactment otherwise expressly provides, all prosecutions under this Part of this Act shall be brought at the instance of the procurator fiscal.

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134 Incidental applications.

(1) This section applies to any application to a court for any warrant or order of court— (a) as incidental to proceedings by complaint; or (b) where a court has power to grant any warrant or order of court, although no subsequent proceedings by complaint may follow thereon. (2) An application to which this section applies may be made by petition at the instance of the prosecutor in the form prescribed by Act of Adjournal. (3) Where it is necessary for the execution of a warrant or order granted under this section, warrant to break open shut and lockfast places shall be implied.

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135 Warrants of apprehension and search.

(1) A warrant of apprehension or search may be in the form prescribed by Act of Adjournal or as nearly as may be in such form, and any warrant of apprehension or search shall, where it is necessary for its execution, imply warrant to officers of law to break open shut and lockfast places. (2) A warrant of apprehension of an accused in the form mentioned in subsection (1) above shall imply warrant to officers of law to search for and to apprehend the accused, and to bring him before the court issuing the warrant, or before any other court competent to deal with the case, to answer to the charge on which such warrant is granted, and, in the meantime, until he can be so brought, to detain him in a police station, police cell, or other convenient place. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A warrant of apprehension or other warrant shall not be required for the purpose of bringing before the court an accused who has been apprehended without a written warrant or who attends without apprehension in answer to any charge made against him.

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136 Time limit for certain offences.

(1) Proceedings under this Part of this Act in respect of any offence to which this section applies shall be commenced— (a) within six months after the contravention occurred; (b) in the case of a continuous contravention, within six months after the last date of such contravention, and it shall be competent in a prosecution of a contravention mentioned in paragraph (b) above to include the entire period during which the contravention occurred. (2) This section applies to any offence triable only summarily and consisting of the contravention of any enactment, unless the enactment fixes a different time limit. (3) For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if the warrant is executed without undue delay.

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136A Time limits for transferred and related cases

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

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136B Time limits where fixed penalty offer etc. made

(1) For the purposes of section 136 of this Act, and any provision of any other enactment for a time limit within which proceedings are to be commenced, in calculating the period since a contravention occurred— (a) where a fixed penalty offer is made under section 302(1) of this Act, the period between the date of the offer and— (i) the receipt by the procurator fiscal of a notice under section 302(4) of this Act; (ii) a recall of the fixed penalty by virtue of section 302C of this Act, shall be disregarded; (b) where a compensation offer is made under section 302A(1) of this Act, the period between the date of the offer and— (i) the receipt by the procurator fiscal of a notice under section 302A(4) of this Act; (ii) a recall of the offer by virtue of section 302C of this Act, shall be disregarded; (c) where a work offer is made under section 303ZA(1) of this Act, the period between the date of the offer and— (i) if the alleged offender does not accept the offer in the manner described in section 303ZA(5) of this Act, the last date for notice of acceptance of the offer; (ii) if the alleged offender accepts the offer as so described, but fails to complete the subsequent work order, the date specified for completion of the order, shall be disregarded. (2) A certificate purporting to be signed by or on behalf of the prosecutor which states a period to be disregarded by virtue of subsection (1) above is sufficient authority for the period to be disregarded.

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137 Alteration of diets.

(1) Where a diet has been fixed in a summary prosecution, it shall be competent for the court, on a joint application in writing by the parties or their solicitors, to discharge the diet and fix an earlier diet in lieu. (2) Where the prosecutor and the accused make joint application to the court (orally or in writing) for postponement of a diet which has been fixed, the court shall discharge the diet and fix a later diet in lieu unless the court considers that it should not do so because there has been unnecessary delay on the part of one of more of the parties. (3) Where all the parties join in an application under subsection (2) above, the court may proceed under that subsection without hearing the parties. (4) Where the prosecutor has intimated to the accused that he desires to postpone or accelerate a diet which has been fixed, and the accused refuses, or any of the accused refuse, to make a joint application to the court for that purpose, the prosecutor may make an incidental application for that purpose under section 134 of this Act; and after giving the parties an opportunity to be heard, the court may discharge the diet and fix a later diet or, as the case may be, an earlier diet in lieu. (5) Where an accused had intimated to the prosecutor and to all the other accused that he desires such postponement or acceleration and the prosecutor refuses, or any of the other accused refuse, to make a joint application to the court for that purpose, the accused who has so intimated may apply to the court for that purpose; and, after giving the parties an opportunity to be heard, the court may discharge the diet and fix a later diet or, as the case may be, an earlier diet in lieu.

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137ZA Refixing diets: non-sitting days

(1) This section applies where in a summary prosecution any diet has been fixed for a non-sitting day. (2) The court may at any time before the non-sitting day— (a) discharge the diet; and (b) fix a new diet for a date earlier or later than that for which the discharged diet was fixed. (3) That is, by acting— (a) of the court's own accord; and (b) without the need for a hearing for the purpose. (4) In the case of a trial diet— (a) the prosecutor; (b) the accused, shall be entitled to an adjournment of the new diet fixed if the court is satisfied that it is not practicable for that party to proceed with the case on that date. (5) The power of the court under subsection (1) above is not exercisable for the sole purpose of ensuring compliance with a time limit applying in the proceedings. (6) In subsections (1) and (2) above, a “non-sitting day” is a day on which the court is under this Act not required to sit.

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137ZB Refixing diets: non-suitable days

(1) Where in a summary prosecution any diet has been fixed for a day which is no longer suitable to the court it may, of its own accord, at any time before that diet— (a) discharge the diet; and (b) fix a new diet for a date earlier or later than that for which the discharged diet was fixed. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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137A Transfer of sheriff court summary proceedings within sheriffdom

(1) Where this subsection applies, the prosecutor may apply to the sheriff for an order for the transfer of the proceedings to a sheriff court in any other district in that sheriffdom and for adjournment to a diet of that court. (1A) Subsection (1) above applies— (a) where the accused person has been cited in summary proceedings to attend a diet of the court; or (b) if the accused person has not been cited to such a diet, where summary proceedings against the accused have been commenced in the court. (2) On an application under subsection (1) above the sheriff may make such order as is mentioned in that subsection.

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