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Criminal Procedure (Scotland) Act 1995 1995 c. 46 An Act to consolidate certain enactments relating to criminal procedure in Scotland. [8th November 1995] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) The Lord President of the Court of Session shall be the Lord Justice General and shall perform his duties as the presiding judge of the High Court. (2) Every person who is appointed to the office of one of the Senators of the College of Justice in Scotland shall, by virtue of such appointment, be a Lord Commissioner of Justiciary in Scotland. (3) If any difference arises as to the rotation of judges in the High Court, it shall be determined by the Lord Justice General, whom failing by the Lord Justice Clerk. (4) Any Lord Commissioner of Justiciary may preside alone at the trial of an accused before the High Court. (5) Without prejudice to subsection (4) above, in any trial of difficulty or importance it shall be competent for two or more judges in the High Court to preside for the whole or any part of the trial.
Propose a change(1) The High Court shall sit at such times and places as the Lord Justice General, whom failing the Lord Justice Clerk, may, after consultation with the Lord Advocate, determine. (2) Without prejudice to subsection (1) above, the High Court shall hold such additional sittings as the Lord Advocate may require. (3) Where an accused has been cited to , or otherwise required to attend, a diet to be held at any sitting of the High Court, the prosecutor may, at any time before the commencement of the diet or, in the case of a trial diet, the trial , apply to the Court to transfer the case to a diet to be held at a sitting of the Court in another place ; and a single judge of the High Court may— (a) after giving the accused or his counsel an opportunity to be heard; or (b) on the joint application of all parties, make an order for the transfer of the case. (3C) The judge may proceed under subsection (3) above on a joint application of the parties without hearing the parties and, accordingly, he may dispense with any hearing previously appointed for the purpose of considering the application. (4) Where no diets have been appointed to be held at a sitting of the High Court or if it is no longer expedient that a sitting should take place, it shall not be necessary for the sitting to take place. (5) If in any case a diet remains appointed to be held at a sitting which does not take place in pursuance of subsection (4) above, subsection (3) above shall apply in relation to the transfer of any other such case to another sitting. (6) For the purposes of subsection (3) above— (a) a diet shall be taken to commence when it is called; and (b) a trial shall be taken to commence when the oath is administered to the jury.
Propose a change(1) The jurisdiction and powers of all courts of solemn jurisdiction, except so far as altered or modified by any enactment passed after the commencement of this Act, shall remain as at the commencement of this Act. (2) Any crime or offence which is triable on indictment may be tried by the High Court sitting at any place in Scotland. (3) The sheriff shall, without prejudice to any other or wider power conferred by statute, not be entitled, on the conviction on indictment of an accused, to pass a sentence of imprisonment for a term exceeding five years. (4) Subject to subsection (5) below, where under any enactment passed or made before 1st January 1988 (the date of commencement of section 58 of the Criminal Justice (Scotland) Act 1987) an offence is punishable on conviction on indictment by imprisonment for a term exceeding two years but the enactment either expressly or impliedly restricts the power of the sheriff to impose a sentence of imprisonment for a term exceeding two years, it shall be competent for the sheriff to impose a sentence of imprisonment for a term exceeding two but not exceeding five years. (4A) Subject to subsection (5) below, where under any enactment passed or made after 1st January 1988 but before the commencement of section 13 of the Crime and Punishment (Scotland) Act 1997 (increase in sentencing powers of sheriff courts) an offence is punishable on conviction on indictment for a term exceeding three years but the enactment either expressly or impliedly restricts the power of the sheriff to impose a sentence of imprisonment for a term exceeding three years, it shall be competent for the sheriff to impose a sentence of imprisonment for a term exceeding three but not exceeding five years. (5) Nothing in subsection (4) above shall authorise the imposition by the sheriff of a sentence in excess of the sentence specified by the enactment as the maximum sentence which may be imposed on conviction of the offence. (6) Subject to any express exclusion contained in any enactment, it shall be lawful to indict in the sheriff court all crimes except murder, treason, rape (whether at common law or under section 1(1) of the Sexual Offences (Scotland) Act 2009 (asp 9)), rape of a young child (under section 18 of that Act) and breach of duty by magistrates.
Propose a change(1) Subject to the provisions of this section, the jurisdiction of the sheriffs, within their respective sheriffdoms shall extend to and include all navigable rivers, ports, harbours, creeks, shores and anchoring grounds in or adjoining such sheriffdoms and includes all criminal maritime causes and proceedings (including those applying to persons furth of Scotland) provided that the accused is, by virtue of any enactment or rule of law, subject to the jurisdiction of the sheriff before whom the case or proceeding is raised. (2) Where an offence is alleged to have been committed in one district in a sheriffdom, it shall be competent to try that offence in a sheriff court in any other district in that sheriffdom. (3) It shall not be competent for the sheriff to try any crime committed on the seas which it would not be competent for him to try if the crime had been committed on land. (4) The sheriff shall have a concurrent jurisdiction with every other court of summary jurisdiction in relation to all offences competent for trial in such courts.
Propose a change(1) The sheriff, sitting as a court of summary jurisdiction, shall continue to have all the jurisdiction and powers exercisable by him at the commencement of this Act. (2) The sheriff shall, without prejudice to any other or wider powers conferred by statute, have power on convicting any person of a common law offence— (a) to impose a fine not exceeding the prescribed sum; (b) to ordain the accused to find caution for good behaviour for any period not exceeding 12 months to an amount not exceeding the prescribed sum either in lieu of or in addition to a fine or in addition to imprisonment; (c) failing payment of such fine, or on failure to find such caution, to award imprisonment in accordance with section 219 of this Act; (d) to impose imprisonment, for any period not exceeding 12 months. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) It shall be competent to prosecute summarily in the sheriff court the following offences— (a) uttering a forged document; (b) wilful fire-raising; (c) robbery; and (d) assault with intent to rob.
Propose a change(1) A calling of criminal proceedings in the sheriff court to which subsection (2) or (3) applies may be dealt with— (a) in any sheriff court in Scotland, and (b) by a sheriff of any sheriffdom. (2) This subsection applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody— (a) having been arrested by a constable in connection with the matter to which the proceedings relate, and (b) without having subsequently— (i) been released from custody, or (ii) had a court authorise the person’s continued remand in custody. (3) This subsection applies to a calling of proceedings on petition in which— (a) the person who is the subject of the proceedings is appearing from custody after a court authorised the person’s remand, and (b) the hearing is not able to be held in that court due to the closure of the court building by reason of emergency or other special circumstances. (4) If more than one person is the subject of the proceedings, the reference in subsection (2) or, as the case may be, (3) to the person who is the subject of the proceedings is to be read as referring to any of them. (5) It is for the Lord Advocate or the procurator fiscal to determine in which sheriff court a calling to which subsection (2) or (3) applies is to be taken. (6) Where proceedings have come before a sheriff court by virtue of subsection (1), and are proceedings to which subsection (2) applies, the proceedings may continue to be dealt with— (a) in the same sheriff court, and (b) by a sheriff of any sheriffdom. (7) The ability for proceedings to be dealt with by virtue of subsection (6) comes to an end as follows— (a) in the case of summary proceedings, insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, the proceedings cannot continue to be dealt with by virtue of subsection (6) after the end of the diet at which that plea was tendered, (b) in the case of proceedings on petition or indictment— (i) insofar as the proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the prosecutor, the proceedings cannot continue to be dealt with by virtue of subsection (6) after the end of the diet at which that plea was tendered, (ii) the proceedings cannot continue to be dealt with by virtue of subsection (6) after the committal of the accused person until liberation in due course of law, (iii) the first diet, and any proceedings which follow on from it, cannot be dealt with by virtue of subsection (6). (8) Insofar as the ability to deal with proceedings by virtue of subsection (6) is not brought to an end by subsection (7), proceedings may continue to be dealt with by virtue of subsection (6) until their conclusion. (9) For the purposes of subsection (6), proceedings on petition and any subsequent proceedings on indictment are to be treated as the same proceedings.
Propose a change(1) This section applies where— (a) a calling of criminal proceedings has come before a sheriff court by virtue of section 5B(1), and (b) the proceedings are in respect of an accused person’s failure to attend a diet in summary proceedings or proceedings on indictment (“the principal proceedings”). (2) If the principal proceedings are proceedings on indictment, the court may deal with them until the end of the diet in which the calling mentioned in subsection (1)(a) takes place. (3) If the principal proceedings are summary proceedings, they may be dealt with— (a) in the same sheriff court, and (b) by a sheriff of any sheriffdom, unless, and until the end of the diet at which, a plea of not guilty is rejected. (4) Despite subsections (2) and (3), the court may pass a sentence or otherwise dispose of the principal proceedings only where— (a) evidence has not been led in the principal proceedings, or (b) the court considers that for it to pass a sentence or otherwise dispose of the case would be in the interests of justice. (5) For the purposes of subsection (3), a plea of not guilty is rejected where— (a) the accused person— (i) tenders a plea of not guilty, or (ii) confirms that the person is adhering to a previously tendered plea of not guilty, and (b) that plea is not accepted by the prosecutor.
Propose a change(1) A sheriff has jurisdiction for all cases which come before the sheriff by virtue of section 5B or 5C. (2) A procurator fiscal for a sheriff court district has— (a) power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the sheriff court of that district by virtue of section 5B or 5C, (b) the like powers in relation to such cases as the prosecutor has for the purposes of other cases that come before the sheriff when exercising criminal jurisdiction. (3) For the purposes of sections 5B and 5C— (a) a sheriff may, in every sheriffdom, without the need for further commission, exercise the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings, (b) paragraph (a) applies accordingly to any other member of the judiciary, so far as that member has the jurisdiction and powers that attach to the office of sheriff in relation to criminal proceedings. (4) This section, and sections 5B and 5C, are without prejudice to— (a) any other provision in this Part, and (b) sections 34A and 137C.
Propose a changeIn sections 5B to 5D of this Act, “criminal proceedings” means any proceedings in which a sheriff court is exercising criminal jurisdiction including in particular— (a) proceedings on petition, (b) proceedings on indictment, (c) summary proceedings, (d) ancillary proceedings, such as proceedings in respect of— (i) breach of bail, (ii) non-payment of a fine or other monetary penalty, (iii) breach of an order of a court, or (iv) failure of an accused person or a witness to attend a diet.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The jurisdiction and powers of the JP court shall be exercisable by a summary sheriff or by one or more justices, and no decision of the court shall be questioned on the ground that it was not constituted as required by this subsection unless objection was taken on that ground by or on behalf of a party to the proceedings not later than the time when the proceedings or the alleged irregularity began. (3) All prosecutions in a JP court shall proceed at the instance of the procurator fiscal. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The authority of the procurator fiscal to prosecute in JP courts is without prejudice to the authority of any other person to take proceedings there in pursuance of section 43 (prosecutions and penalties) of the Education (Scotland) Act 1980 (c. 44). (6) In this section, “justice” means a justice of the peace.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Except in so far as any enactment (including this Act or an enactment passed after this Act) otherwise provides, it shall be competent for a JP court to— (a) try any common law or statutory offence which is triable summarily; (b) make such orders and grant such warrants as are appropriate to a court of summary jurisdiction; (c) do anything else (by way of procedure or otherwise) as is appropriate to such a court (4) It shall be competent, whether or not the accused has been previously convicted of an offence inferring dishonest appropriation of property, for any of the following offences to be tried in the JP court— (a) theft or reset of theft; (b) falsehood, fraud or wilful imposition; (c) breach of trust or embezzlement, where (in any such case) the amount concerned does not exceed level 4 on the standard scale. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The JP court shall, without prejudice to any other or wider powers conferred by statute, be entitled on convicting of a common law offence— (a) to impose imprisonment for any period not exceeding 60 days; (b) to impose a fine not exceeding level 4 on the standard scale; (c) to ordain the accused (in lieu of or in addition to such imprisonment or fine) to find caution for good behaviour for any period not exceeding six months and to an amount not exceeding level 4 on the standard scale; (d) failing payment of such fine or on failure to find such caution, to award imprisonment in accordance with section 219 of this Act, but in no case shall the total period of imprisonment imposed in pursuance of this subsection exceed 60 days. (7) Without prejudice to any other or wider power conferred by any enactment, it shall not be competent for a JP court, as respects any statutory offence— (a) to impose a sentence of imprisonment for a period exceeding 60 days; (b) to impose a fine of an amount exceeding level 4 on the standard scale; or (c) to ordain an accused person to find caution for any period exceeding six months or to an amount exceeding level 4 on the standard scale. (8) The JP court shall not have jurisdiction to try or to pronounce sentence in the case of any person— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) brought before it accused or suspected of having committed within its jurisdiction any of the following offences— (i) murder, culpable homicide, robbery, rape (whether at common law or under section 1(1) of the Sexual Offences (Scotland) Act 2009 (asp 9)), rape of a young child (under section 18 of that Act), wilful fire-raising, or attempted wilful fire-raising; (ii) theft by housebreaking, or housebreaking with intent to steal; (iii) theft or reset, falsehood fraud or wilful imposition, breach of trust or embezzlement, where the value of the property is an amount exceeding level 4 on the standard scale; (iv) assault causing the fracture of a limb, assault with intent to ravish, assault to the danger of life, or assault by stabbing; (v) uttering forged documents or uttering forged bank or banker’s notes, or offences under the Acts relating to coinage. (9) Without prejudice to subsection (8) above, where either in the preliminary investigation or in the course of the trial of any offence it appears that the offence is one which— (a) cannot competently be tried in the court before which an accused is brought; or (b) in the opinion of the court in view of the circumstances of the case, should be dealt with by a higher court, the court may take cognizance of the offence and commit the accused to prison for examination for any period not exceeding four days. (10) Where an accused is committed as mentioned in subsection (9) above, the prosecutor in the court which commits the accused shall forthwith give notice of the committal to the procurator fiscal of the area within which the offence was committed or to such other official as is entitled to take cognizance of the offence in order that the accused may be dealt with according to law.
Propose a change(1) A calling of criminal proceedings in a JP court to which subsection (2) applies may be dealt with— (a) in any JP court in Scotland, and (b) by a justice of the peace, summary sheriff or sheriff of any sheriffdom. (2) This subsection applies to a calling of criminal proceedings in which the person who is the subject of the proceedings is appearing from custody— (a) having been arrested by a constable in connection with the matter to which the proceedings relate, and (b) without having subsequently— (i) been released from custody, or (ii) had a court authorise the person’s continued remand in custody. (3) If more than one person is the subject of the proceedings, the reference in subsection (2) to the person who is the subject of the proceedings is to be read as referring to any of them. (4) It is for the procurator fiscal to determine in which JP court a calling to which subsection (2) applies is to be taken. (5) Where proceedings have come before a JP court by virtue of subsection (1), the proceedings may continue to be dealt with— (a) in the same JP court, and (b) by a justice of the peace, summary sheriff or sheriff of any sheriffdom. (6) Insofar as proceedings relate to a charge in respect of which the accused person has tendered a plea of not guilty which has not been accepted by the procurator fiscal, they cannot continue to be dealt with by virtue of subsection (5) after the end of the diet at which that plea was tendered. (7) Insofar as the ability to deal with proceedings by virtue of subsection (5) is not brought to an end by subsection (6), proceedings may continue to be dealt with by virtue of subsection (5) until their conclusion. (8) For the purposes of this section and section 7B, the jurisdiction and powers of the JP court are exercisable by a sheriff.
Propose a change(1) This section applies where— (a) a calling of proceedings has come before a JP court by virtue of section 7A(1), and (b) the proceedings are in respect of an accused person’s failure to attend a diet in criminal proceedings (“the principal proceedings”). (2) The principal proceedings may be dealt with— (a) in the same JP court, and (b) by a justice of the peace, summary sheriff or sheriff of any sheriffdom, unless, and until the end of the diet at which, a plea of not guilty is rejected. (3) Despite subsection (2), the court may pass a sentence or otherwise dispose of the principal proceedings only where— (a) evidence has not been led in the principal proceedings, or (b) the court considers that for it to pass a sentence or otherwise dispose of the case would be in the interests of justice. (4) For the purposes of subsection (2), a plea of not guilty is rejected where— (a) the accused person— (i) tenders a plea of not guilty, or (ii) confirms that the person is adhering to a previously tendered plea of not guilty, and (b) that plea is not accepted by the procurator fiscal.
Propose a change(1) A JP court has jurisdiction for all cases which come before it by virtue of section 7A or 7B. (2) A procurator fiscal for the area of a JP court has— (a) power to prosecute or, as the case may be, represent the interests of the prosecutor in any case that comes before the JP court of that area by virtue of section 7A or 7B, (b) the like powers in relation to such cases as the procurator fiscal has for the purposes of other cases that come before the JP court. (3) For the purposes of sections 7A and 7B, a justice of the peace, summary sheriff or sheriff may, in every sheriffdom, without the need for further commission, exercise the jurisdiction and powers that attach to the office of justice of the peace. (4) This section, and sections 7A and 7B, are without prejudice to— (a) any other provision in this Part, (b) section 137CC, and (c) section 62 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.
Propose a change(1) In sections 7A to 7C of this Act, “criminal proceedings” means any proceedings in which a JP court is exercising jurisdiction including in particular ancillary proceedings, such as proceedings in respect of— (a) breach of bail, (b) non-payment of a fine or other monetary penalty, (c) breach of an order of a court, or (d) failure of an accused person or a witness to attend a diet. (2) For the purposes of sections 7A to 7C, sections 61 and 63 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 apply in respect of a sheriff as they apply in respect of a summary sheriff.
Propose a change(1) Notwithstanding any enactment or rule of law, a sheriff court or a JP court— (a) shall not be required to sit on any Saturday or Sunday or on a day which by virtue of subsection (2) or (3) below is a court holiday; but (b) may sit on any day for the disposal of criminal business. (2) A sheriff principal may in an order made under section 28(1) of the Courts Reform (Scotland) Act 2014 prescribe in respect of criminal business not more than 11 days, other than Saturdays and Sundays, in a calendar year as court holidays in the sheriff courts within his jurisdiction; and may in the like manner prescribe as an additional court holiday any day which has been proclaimed, under section 1(3) of the Banking and Financial Dealings Act 1971, to be a bank holiday either throughout the United Kingdom or in a place or locality in the United Kingdom within his jurisdiction. (3) A sheriff principal may prescribe not more than 11 days, other than Saturdays and Sundays, in a calendar year as court holidays in the JP courts within his jurisdiction; and he may . . . prescribe as an additional holiday any day which has been proclaimed, under section 1(3) of the said Banking and Financial Dealings Act 1971, to be a bank holiday either throughout the United Kingdom or in a place or locality in the United Kingdom within his jurisdiction. (4) A sheriff principal may in pursuance of subsection (2) or (3) above prescribe different days as court holidays in relation to different sheriff or JP courts .
Propose a change(1) Where an offence is committed in any harbour, river, arm of the sea or other water (tidal or otherwise) which runs between or forms the boundary of the jurisdiction of two or more courts, the offence may be tried by any one of such courts. (2) Where an offence is committed on the boundary of the jurisdiction of two or more courts, or within the distance of 500 metres of any such boundary, or partly within the jurisdiction of one court and partly within the jurisdiction of another court or courts, the offence may be tried by any one of such courts. (3) Where an offence is committed against any person or in respect of any property in or on any carriage, cart or vehicle employed in a journey by road or railway, or on board any vessel employed in a river, loch, canal or inland navigation, the offence may be tried by any court through whose jurisdiction the carriage, cart, vehicle or vessel passed in the course of the journey or voyage during which the offence was committed. (4) Where several offences, which if committed in one sheriff court district could be tried together , are alleged to have been committed by any person in different sheriff court districts, the accused may be tried for all or any of those offences— (a) under one indictment or complaint before the sheriff of any one of the districts; or (b) under one complaint in the JP court for any one of the districts. (5) Where an offence is authorised by this section to be tried by any court, it may be dealt with, heard, tried, determined, adjudged and punished as if the offence had been committed wholly within the jurisdiction of such court.
Propose a changeIt is competent for a justice, even if not present within his jurisdiction, to sign any warrant, judgment, interlocutor or other document relating to proceedings within that jurisdiction provided that when he does so he is present within Scotland.
Propose a change(1) Where a person is alleged to have committed in more than one sheriff court district a crime or crimes to which subsection (2) below applies, he may be prosecuted in the sheriff court or JP court of such one of those districts as the Lord Advocate determines. (2) This subsection applies to— (a) a crime committed partly in one sheriff court district and partly in another; (b) crimes connected with each other but committed in different sheriff court districts; (c) crimes committed in different sheriff court districts in succession which, if they had been committed in one such district, could have been tried together . (3) Where, in pursuance of subsection (1) above, a case is tried in the sheriff court or JP court of any sheriff court district, the procurator fiscal of that district shall have power to prosecute in that case even if the crime was in whole or in part committed in a different district, and the procurator fiscal shall have the like powers in relation to such case, whether before, during or after the trial, as he has in relation to a case arising out of a crime or crimes committed wholly within his own district.
Propose a change(1) A sheriff has jurisdiction for any cases which come before the sheriff by virtue of— (a) section 34A or 83 of this Act; or (b) section 137A, 137B, 137C or 137D of this Act. (1A) The jurisdiction of a JP court includes jurisdiction for any cases which come before it by virtue of section 137CA, 137CB or 137CC of this Act. (2) A procurator fiscal for a sheriff court district shall have— (a) power to prosecute in any cases which come before a sheriff of that district by virtue of a provision mentioned in subsection (1) above; ... (aa) power to prosecute in any cases which come before a JP court of that district by virtue of a provision mentioned in subsection (1A) above; (b) the like powers in relation to such cases as he has for the purposes of the other cases which come before that sheriff when exercising criminal jurisdiction or (as the case may be) before that JP court. (3) This section is without prejudice to sections 4 to 10 of this Act.
Propose a change(1) Any relevant person who in a country outside the United Kingdom does any act or makes any omission which if done or made in Scotland would constitute the crime of murder or of culpable homicide shall be guilty of the same crime and subject to the same punishment as if the act or omission had been done or made in Scotland. (2) Any relevant person employed in the service of the Crown who, in a foreign country, when acting or purporting to act in the course of his employment, does any act or makes any omission which if done or made in Scotland would constitute an offence punishable on indictment shall be guilty of the same offence and subject to the same punishment, as if the act or omission had been done or made in Scotland. (2A) Any relevant person who in a country outside the United Kingdom does any act which— (a) constitutes an offence under the law in force in that country, and (b) if done in Scotland would constitute the crime of assault, is guilty of the same crime and subject to the same punishment as if the act had been done in Scotland. (2B) For the purposes of subsection (2A)(a), an act punishable under the law in force in the country is an offence under that law however it is described in that law. (2C) The condition specified in subsection (2A)(a) is to be taken as satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice— (a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the accused's opinion satisfied, (b) setting out the grounds for the accused's opinion, and (c) requiring the prosecutor to prove that the condition is satisfied. (2D) But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under subsection (2C). (2E) In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone. (2F) For the purposes of subsections (1) to (2B)— “country” includes territory; “relevant person” means a person who is a United Kingdom national or is habitually resident in Scotland; “United Kingdom national” means an individual who is— a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, a person who under the British Nationality Act 1981 is a British subject, or a British protected person within the meaning of that Act. (3) A person may be prosecuted, tried and punished for an offence to which this section applies— (a) in any sheriff court district in Scotland in which he is apprehended or is in custody; or (b) in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed in that district, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that district. (4) Any person who— (a) has in his possession in Scotland property which he has stolen in any other part of the United Kingdom; or (b) in Scotland receives property stolen in any other part of the United Kingdom, may be prosecuted, tried and punished in Scotland in like manner as if he had stolen it in Scotland. (5) Where a person in any part of the United Kingdom outside Scotland— (a) steals or attempts to steal any mail-bag or postal packet in the course of its transmission by post, or any of the contents of such a mail-bag or postal packet; or (b) in stealing or with intent to steal any such mail-bag or postal packet or any of its contents commits any robbery, attempted robbery or assault with intent to rob, he is guilty of the offence mentioned in paragraph (a) or (b) as if he had committed it in Scotland and shall be liable to be prosecuted, tried and punished there without proof that the offence was committed there. (6) Any expression used in subsection (5) and in the Postal Services Act 2000 has the same meaning in that subsection as it has in that Act.
Propose a change(1) This section applies to any act done by a person in Scotland which would amount to conspiracy to commit an offence but for the fact that the criminal purpose is intended to occur outwith Scotland. (2) Where a person does an act to which this section applies, the criminal purpose shall be treated as the offence mentioned in subsection (1) above and he shall, accordingly, be guilty of conspiracy to commit the offence. (3) A person is guilty of an offence by virtue of this section only if the criminal purpose would involve at some stage— (a) an act by him or another party to the conspiracy; or (b) the happening of some other event, constituting an offence under the relevant law; and conduct punishable under that law is an offence under that law for the purposes of this section however it is described in that law. (3A) In subsection (3) above, “the relevant law” is— (a) if the act or event was intended to take place in another part of the United Kingdom, the law in force in that part, (b) if the act or event was intended to take place in a country or territory outwith the United Kingdom, the law in force in that country or territory. (4) Subject to subsection (6) below, a condition specified in subsection (3) above shall be taken to be satisfied unless, not later than such time as High Court may, by Act of Adjournal, prescribe, the accused serves on the prosecutor a notice— (a) stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in his opinion satisfied; (b) setting out the grounds for his opinion; and (c) requiring the prosecutor to prove that the condition is satisfied. (5) In subsection (4) above “ the relevant conduct ” means the agreement to effect the criminal purpose. (6) The court may permit the accused to require the prosecutor to prove that the condition mentioned in subsection (4) above is satisfied without the prior service of a notice under that subsection. (7) In proceedings on indictment, the question whether a condition is satisfied shall be determined by the judge alone. (8) Nothing in this section— (a) applies to an act done before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed, or (b) imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
Propose a changeThe Lord Advocate may, from time to time, issue instructions to the chief constable with regard to the reporting, for consideration of the question of prosecution, of offences alleged to have been committed ....
Propose a change(1) Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence at any place, he may require— (a) that person, if the constable finds him at that place or at any place where the constable is entitled to be, to give the information mentioned in subsection (1A) below and may ask him for an explanation of the circumstances which have given rise to the constable’s suspicion; (b) any other person whom the constable finds at that place or at any place where the constable is entitled to be and who the constable believes has information relating to the offence, to give the information mentioned in subsection (1A) below. (1A) That information is— (a) the person's name; (b) the person's address; (c) the person's date of birth; (d) the person's place of birth (in such detail as the constable considers necessary or expedient for the purpose of establishing the person's identity); and (e) the person's nationality. (2) The constable may require the person mentioned in paragraph (a) of subsection (1) above to remain with him while he (either or both)— (a) subject to subsection (3) below, verifies any information mentioned in subsection (1A) above given by the person; (b) notes any explanation proffered by the person. (3) The constable shall exercise his power under paragraph (a) of subsection (2) above only where it appears to him that such verification can be obtained quickly. (4) A constable may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with him. (5) A constable shall inform a person, when making a requirement of that person under— (a) paragraph (a) of subsection (1) above, of his suspicion and of the general nature of the offence which he suspects that the person has committed or is committing; (b) paragraph (b) of subsection (1) above, of his suspicion, of the general nature of the offence which he suspects has been or is being committed and that the reason for the requirement is that he believes the person has information relating to the offence; (c) subsection (2) above, why the person is being required to remain with him; (d) either of the said subsections, that failure to comply with the requirement may constitute an offence. (6) A person mentioned in— (a) paragraph (a) of subsection (1) above who having been required— (i) under that subsection to give the information mentioned in subsection (1A) above; or (ii) under subsection (2) above to remain with a constable, fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; (b) paragraph (b) of the said subsection (1) who having been required under that subsection to give the information mentioned in subsection (1A) above fails, without reasonable excuse, to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Propose a change(1) This section applies where a person has been arrested and is in custody .... (2) A constable may take from the person , or require the person to provide him with, such relevant physical data as the constable may, having regard to the circumstances of the suspected offence or the relevant offence (within the meaning of section 164(3) of the Extradition Act 2003) in respect of which the person has been arrested ..., reasonably consider it appropriate to take from him or require him to provide, and the person so required shall comply with that requirement. (3) Subject to subsections (3A) and (4) below and sections 18A to 18G of this Act, all record of any relevant physical data taken from or provided by a person under subsection (2) above, all samples taken under subsection (6) or (6A) below and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 246(3) of this Act. (3A) (3A) Subsection (3) does not apply to— (a) relevant physical data taken under subsection (2) from, or provided under that subsection by, a person arrested under an extradition arrest power (within the meaning of section 174(2) of the Extradition Act 2003), and (b) any sample, or any information derived from a sample, taken under subsection (6) or (6A) from a person arrested under such a power (but see section 18H). (4) The duty under subsection (3) above to destroy samples taken under subsection (6) or (6A) below and information derived from such samples shall not apply— (a) where the destruction of the sample or the information could have the effect of destroying any sample, or any information derived therefrom, lawfully held in relation to a person other than the person from whom the sample was taken; or (b) where the record, sample or information in question is of the same kind as a record, a sample or, as the case may be, information lawfully held by or on behalf of the Police Service of Scotland in relation to the person. (5) No sample, or information derived from a sample, retained by virtue of subsection (4) above shall be used— (a) in evidence against the person from whom the sample was taken; or (b) for the purposes of the investigation of any offence. (6) A constable may, with the authority of an officer of a rank no lower than inspector, take from the person— (a) from the hair of an external part of the body other than pubic hair, by means of cutting, combing or plucking, a sample of hair or other material; (b) from a fingernail or toenail or from under any such nail, a sample of nail or other material; (c) from an external part of the body, by means of swabbing or rubbing, a sample of blood or other body fluid, of body tissue or of other material; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6A) A constable, or at a constable’s direction a police custody and security officer, may take from the inside of the person’s mouth, by means of swabbing, a sample of saliva or other material. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7A) For the purposes of this section and , subject to the modification in subsection (7AA), sections 18A to 19C of this Act “relevant physical data” means any— (a) fingerprint; (b) palm print; (c) print or impression other than those mentioned in paragraph (a) and (b) above, of an external part of the body; (d) record of a person’s skin on an external part of the body created by a device approved by the Secretary of State. (7AA) The modification is that for the purposes of section 19C as it applies in relation to relevant physical data taken from or provided by a person outwith Scotland, subsection (7A) is to be read as if in paragraph (d) the words from “created” to the end were omitted. (7B) The Secretary of State by order made by statutory instrument may approve a device for the purpose of creating such records as are mentioned in paragraph (d) of subsection (7A) above. (8) Nothing in this section shall prejudice— (a) any power of search; (b) any power to take possession of evidence where there is imminent danger of its being lost or destroyed; or (c) any power to take relevant physical data or samples under the authority of a warrant.
Propose a change(1) This section applies to— (a) relevant physical data taken or provided under section 18(2), and (b) any sample, or any information derived from a sample, taken under section 18(6) or (6A), where the condition in subsection (2) is satisfied. (2) That condition is that criminal proceedings in respect of a relevant sexual offence or a relevant violent offence were instituted against the person from whom the relevant physical data was taken or by whom it was provided or, as the case may be, from whom the sample was taken but those proceedings concluded otherwise than with a conviction or an order under section 246(3) of this Act. (3) Subject to subsections (9) and (10) below, the relevant physical data, sample or information derived from a sample shall be destroyed no later than the destruction date. (4) The destruction date is— (a) the date of expiry of the period of 3 years following the conclusion of the proceedings; or (b) such later date as an order under subsection (5) below may specify. (5) On a summary application made by the chief constable of the Police Service of Scotland within the period of 3 months before the destruction date the sheriff may, if satisfied that there are reasonable grounds for doing so, make an order amending, or further amending, the destruction date. (6) An application under subsection (5) above may be made to any sheriff— (a) in whose sheriffdom the person referred to in subsection (2) above resides; (b) in whose sheriffdom that person is believed by the applicant to be; or (c) to whose sheriffdom the person is believed by the applicant to be intending to come. (7) An order under subsection (5) above shall not specify a destruction date more than 2 years later than the previous destruction date. (8) The decision of the sheriff on an application under subsection (5) above may be appealed to the sheriff principal within 21 days of the decision; and the sheriff principal's decision on any such appeal is final. (8A) If the sheriff principal allows an appeal against the refusal of an application under subsection (5), the sheriff principal may make an order amending, or further amending, the destruction date. (8B) An order under subsection (8A) must not specify a destruction date more than 2 years later than the previous destruction date. (9) Subsection (3) above does not apply where— (a) an application under subsection (5) above has been made but has not been determined; (b) the period within which an appeal may be brought under subsection (8) above against a decision to refuse an application has not elapsed; or (c) such an appeal has been brought but has not been withdrawn or finally determined. (10) Where— (a) the period within which an appeal referred to in subsection (9)(b) above may be brought has elapsed without such an appeal being brought; (b) such an appeal is brought and is withdrawn or finally determined against the appellant; or (c) an appeal brought under subsection (8) above against a decision to grant an application is determined in favour of the appellant, the relevant physical data, sample or information derived from a sample shall be destroyed as soon as possible thereafter. (11) In this section— ... “relevant sexual offence” and “relevant violent offence” have , subject to the modification in subsection (12), the same meanings as in section 19A(6) of this Act and include any attempt, conspiracy or incitement to commit such an offence. (12) The modification is that the definition of “relevant sexual offence” in section 19A(6) is to be read as if for paragraph (g) there were substituted— (g) public indecency if it is apparent from the offence as charged in the indictment or complaint that there was a sexual aspect to the behaviour of the person charged;
Propose a change(1) This section applies to— (a) relevant physical data taken from or provided by a person under section 18(2), and (b) any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A), where the conditions in subsection (2) are satisfied. (2) The conditions are— (a) the relevant physical data or sample was taken from or provided by the person while the person was in custody in connection with the offence or offences in relation to which a relevant offer is issued to the person, and (b) the person— (i) accepts a relevant offer, or (ii) in the case of a relevant offer other than one of the type mentioned in paragraph (d) of subsection (3), is deemed to accept a relevant offer. (3) In this section “relevant offer” means— (a) a conditional offer under section 302, (b) a compensation offer under section 302A, (c) a combined offer under section 302B, or (d) a work offer under section 303ZA. (4) Subject to subsections (6) and (7) and section 18C(9) and (10), the relevant physical data, sample or information derived from a sample must be destroyed no later than the destruction date. (5) In subsection (4), “destruction date” means— (a) in relation to a relevant offer that relates only to— (i) a relevant sexual offence, (ii) a relevant violent offence, or (iii) both a relevant sexual offence and a relevant violent offence, the date of expiry of the period of 3 years beginning with the date on which the relevant offer is issued or such later date as an order under section 18C(2) or (6) may specify, (b) in relation to a relevant offer that relates to— (i) an offence or offences falling within paragraph (a), and (ii) any other offence, the date of expiry of the period of 3 years beginning with the date on which the relevant offer is issued or such later date as an order under section 18C(2) or (6) may specify, (c) in relation to a relevant offer that does not relate to an offence falling within paragraph (a), the date of expiry of the period of 2 years beginning with the date on which the relevant offer is issued. (6) If a relevant offer is recalled by virtue of section 302C(5) or a decision to uphold it is quashed under section 302C(7)(a), all record of the relevant physical data, sample and information derived from a sample must be destroyed as soon as possible after— (a) the prosecutor decides not to issue a further relevant offer to the person, (b) the prosecutor decides not to institute criminal proceedings against the person, or (c) the prosecutor institutes criminal proceedings against the person and those proceedings conclude otherwise than with a conviction or an order under section 246(3). (7) If a relevant offer is set aside by virtue of section 303ZB, all record of the relevant physical data, sample and information derived from a sample must be destroyed as soon as possible after the setting aside. (8) In this section, “relevant sexual offence” and “relevant violent offence” have, subject to the modification in subsection (9), the same meanings as in section 19A(6) and include any attempt, conspiracy or incitement to commit such an offence. (9) The modification is that the definition of “relevant sexual offence” in section 19A(6) is to be read as if for paragraph (g) there were substituted— (g) public indecency if it is apparent from the relevant offer (as defined in section 18B(3)) relating to the offence that there was a sexual aspect to the behaviour of the person to whom the relevant offer is issued; .
Propose a change(1) This section applies where the destruction date for relevant physical data, a sample or information derived from a sample falls within section 18B(5)(a) or (b). (2) On a summary application made by the chief constable of the Police Service of Scotland within the period of 3 months before the destruction date, the sheriff may, if satisfied that there are reasonable grounds for doing so, make an order amending, or further amending, the destruction date. (3) An application under subsection (2) may be made to any sheriff— (a) in whose sheriffdom the appropriate person resides, (b) in whose sheriffdom that person is believed by the applicant to be, or (c) to whose sheriffdom the person is believed by the applicant to be intending to come. (4) An order under subsection (2) must not specify a destruction date more than 2 years later than the previous destruction date. (5) The decision of the sheriff on an application under subsection (2) may be appealed to the sheriff principal within 21 days of the decision. (6) If the sheriff principal allows an appeal against the refusal of an application under subsection (2), the sheriff principal may make an order amending, or further amending, the destruction date. (7) An order under subsection (6) must not specify a destruction date more than 2 years later than the previous destruction date. (8) The sheriff principal's decision on an appeal under subsection (5) is final. (9) Section 18B(4) does not apply where— (a) an application under subsection (2) has been made but has not been determined, (b) the period within which an appeal may be brought under subsection (5) against a decision to refuse an application has not elapsed, or (c) such an appeal has been brought but has not been withdrawn or finally determined. (10) Where— (a) the period within which an appeal referred to in subsection (9)(b) may be brought has elapsed without such an appeal being brought, (b) such an appeal is brought and is withdrawn or finally determined against the appellant, or (c) an appeal brought under subsection (5) against a decision to grant an application is determined in favour of the appellant, the relevant physical data, sample or information derived from a sample must be destroyed as soon as possible after the period has elapsed, or, as the case may be, the appeal is withdrawn or determined. (11) In this section— “appropriate person” means the person from whom the relevant physical data was taken or by whom it was provided or from whom the sample was taken, “destruction date” has the meaning given by section 18B(5), ...
Propose a change(1) This section applies to— (a) relevant physical data taken from or provided by a person under section 18(2), and (b) any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A), where the conditions in subsection (2) are satisfied. (2) The conditions are— (a) the person was arrested ... in connection with a fixed penalty offence, (b) the relevant physical data or sample was taken from or provided by the person while the person was in custody in connection with that offence, (c) after the relevant physical data or sample was taken from or provided by the person, a constable gave the person under section 129(1) of the 2004 Act— (i) a fixed penalty notice in respect of that offence (the “main FPN”), or (ii) the main FPN and one or more other fixed penalty notices in respect of fixed penalty offences arising out of the same circumstances as the offence to which the main FPN relates, and (d) the person, in relation to the main FPN and any other fixed penalty notice of the type mentioned in paragraph (c)(ii)— (i) pays the fixed penalty, or (ii) pays any sum that the person is liable to pay by virtue of section 131(5) of the 2004 Act. (3) Subject to subsections (4) and (5), the relevant physical data, sample or information derived from a sample must be destroyed before the end of the period of 2 years beginning with— (a) where subsection (2)(c)(i) applies, the day on which the main FPN is given to the person, (b) where subsection (2)(c)(ii) applies and— (i) the main FPN and any other fixed penalty notice are given to the person on the same day, that day, (ii) the main FPN and any other fixed penalty notice are given to the person on different days, the later day. (4) Where— (a) subsection (2)(c)(i) applies, and (b) the main FPN is revoked under section 133(1) of the 2004 Act, the relevant physical data, sample or information derived from a sample must be destroyed as soon as possible after the revocation. (5) Where— (a) subsection (2)(c)(ii) applies, and (b) the main FPN and any other fixed penalty notices are revoked under section 133(1) of the 2004 Act, the relevant physical data, sample or information derived from a sample must be destroyed as soon as possible after the revocations. (6) In this section— “the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), “fixed penalty notice” has the meaning given by section 129(2) of the 2004 Act, “fixed penalty offence” has the meaning given by section 128(1) of the 2004 Act.
Propose a change(1) This section applies to— (a) relevant physical data taken from or provided by a child under section 18(2); and (b) any sample, or any information derived from a sample, taken from a child under section 18(6) or (6A), where subsection (3), (4) or (5) applies. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) This subsection applies where— (a) in relation to a children’s hearing arranged in relation to the child under section 69(2) of the 2011 Act, a section 67 ground is that the child has committed an offence mentioned in subsection (6) (a “relevant offence”), (b) the ground is accepted by the child and each relevant person in relation to the child under section 91(1) or 105(1) of that Act, and (c) no application to the sheriff under section 93(2)(a) or 94(2)(a) of that Act is made in relation to that ground. (4) This subsection applies where— (a) in relation to a children’s hearing arranged in relation to the child under section 69(2) of the 2011 Act, a section 67 ground is that the child has committed a relevant offence, (b) the sheriff, on an application under section 93(2)(a) or 94(2)(a) of that Act, determines under section 108 of that Act that the ground is established, and (c) no application to the sheriff under section 110(2) of that Act is made in relation to the ground. (5) This subsection applies where, on an application under section 110(2) of the 2011 Act in relation to the child— (a) the sheriff is satisfied under section 114(2) or 115(1)(b) of that Act that a section 67 ground which constitutes a relevant offence is established or accepted by the child and each relevant person in relation to the child, or (b) the sheriff determines under section 117(2)(a) of that Act that— (i) a section 67 ground which was not stated in the statement of grounds which gave rise to the grounds determination is established, and (ii) the ground constitutes a relevant offence. (6) A relevant offence is such relevant sexual offence or relevant violent offence as the Scottish Ministers may by order made by statutory instrument prescribe. (7) An order under subsection (6) may prescribe a relevant violent offence by reference to a particular degree of seriousness. (8) Subject to section 18F(8) and (9), the relevant physical data, sample or information derived from a sample must be destroyed no later than the destruction date. (9) The destruction date is— (a) the date of expiry of the period of 3 years following— (i) where subsection (3) applies, the date on which the section 67 ground was accepted as mentioned in that subsection, (ii) where subsection (4) applies, the date on which the section 67 ground was established as mentioned in that subsection, (iii) where the section 67 ground is established as mentioned in paragraph (a) of subsection (5), the date on which that ground was established under section 108 of the 2011 Act or, as the case may be, accepted under section 91(1) or 105(1) of that Act, or (iv) where the section 67 ground is established as mentioned in paragraph (b) of subsection (5), the date on which that ground was established as mentioned in that paragraph, (b) such later date as an order under section 18F(1) may specify. (10) No statutory instrument containing an order under subsection (6) may be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament. (11) In this section— “the 2011 Act” means the Children’s Hearings (Scotland) Act 2011 (asp 1), “grounds determination” has the meaning given by section 110(1) of the 2011 Act; “relevant person” has the same meaning as in section 200(1) of the 2011 Act except that it includes a person deemed to be a relevant person by virtue of section 81(3), 160(4)(b) or 164(6) of that Act; “relevant sexual offence” and “relevant violent offence” have, subject to the modification in subsection (12), the same meanings as in section 19A(6) and include any attempt, conspiracy or incitement to commit such an offence. “section 67 ground” has the meaning given by section 67(1) of the 2011 Act; “statement of grounds” has the meaning given by section 89(3) of the 2011 Act. (12) The modification is that the definition of “relevant sexual offence” in section 19A(6) is to be read as if for paragraph (g) there were substituted— “(g)public indecency if it is apparent from the section 67 ground relating to the offence that there was a sexual aspect to the behaviour of the child;” .
Propose a change(1) On a summary application made by the chief constable of the Police Service of Scotland within the period of 3 months before the destruction date the sheriff may, if satisfied that there are reasonable grounds for doing so, make an order amending, or further amending, the destruction date. (2) An application under subsection (1) may be made to any sheriff— (a) in whose sheriffdom the child mentioned in section 18E(1) resides; (b) in whose sheriffdom that child is believed by the applicant to be; or (c) to whose sheriffdom that child is believed by the applicant to be intending to come. (3) An order under subsection (1) must not specify a destruction date more than 2 years later than the previous destruction date. (4) The decision of the sheriff on an application under subsection (1) may be appealed to the sheriff principal within 21 days of the decision. (5) If the sheriff principal allows an appeal against the refusal of an application under subsection (1), the sheriff principal may make an order amending, or further amending, the destruction date. (6) An order under subsection (5) must not specify a destruction date more than 2 years later than the previous destruction date. (7) The sheriff principal's decision on an appeal under subsection (4) is final. (8) Section 18E(8) does not apply where— (a) an application under subsection (1) has been made but has not been determined; (b) the period within which an appeal may be brought under subsection (4) against a decision to refuse an application has not elapsed; or (c) such an appeal has been brought but has not been withdrawn or finally determined. (9) Where— (a) the period within which an appeal referred to in subsection (8)(b) may be brought has elapsed without such an appeal being brought; (b) such an appeal is brought and is withdrawn or finally determined against the appellant; or (c) an appeal brought under subsection (4) against a decision to grant an application is determined in favour of the appellant, the relevant physical data, sample or information derived from a sample must be destroyed as soon as possible after the period has elapsed or, as the case may be, the appeal is withdrawn or determined. (10) In this section— “destruction date” has the meaning given by section 18E(9); and ...
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