Law

Criminal Procedure (Scotland) Act 1995

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

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.

sha256 4e5bb30cc547b660f652d94426826959075e0fa37be4af8637ff0e8bb5394b6c

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

191 Appeal by suspension or advocation on ground of miscarriage of justice.

(1) Notwithstanding section 184(2) of this Act, a party to a summary prosecution may, where an appeal under section 175 of this Act would be incompetent or would in the circumstances be inappropriate, appeal to the Sheriff Appeal Court, by bill of suspension against a conviction or, as the case may be, by advocation against an acquittal on the ground of an alleged miscarriage of justice in the proceedings. (2) Where the alleged miscarriage of justice is referred to in an application under section 176(1) of this Act, for a stated case as regards the proceedings (or in a duly made amendment or addition to that application), an appeal under subsection (1) above shall not proceed without the leave of the Sheriff Appeal Court until the appeal to which the application relates has been finally disposed of or abandoned. (3) Sections 182(5)(a) to (e), 183(1)(d) and (4) and 185 of this Act shall apply to appeals under this section as they apply to appeals such as are mentioned in section 176(1) of this Act. (4) This section is without prejudice to any rule of law relating to bills of suspension or advocation in so far as such rule of law is not inconsistent with this section.

Propose a change

191A Time limit for lodging bills of advocation and bills of suspension

(1) This section applies where a party wishes— (a) to appeal to the Sheriff Appeal Court under section 191(1) of this Act by bill of suspension against a conviction or by advocation against an acquittal, or (b) to appeal to the Sheriff Appeal Court against, or to bring under review of the Sheriff Appeal Court, any other decision in a summary prosecution by bill of suspension or by advocation. (2) The party must lodge the bill of suspension or bill of advocation within 3 weeks of the date of the conviction, acquittal or, as the case may be, other decision to which the bill relates. (3) The Sheriff Appeal Court may, on the application of the party, extend the time limit in subsection (2). (4) An application under subsection (3) must— (a) state— (i) the reasons why the applicant failed to comply with the time limit in subsection (2), and (ii) the proposed grounds of appeal or review, and (b) be intimated in writing by the applicant to the other party to the prosecution. (5) If the other party so requests within 7 days of receipt of intimation of the application under subsection (4)(b), the other party must be given an opportunity to make representations before the application is determined. (6) Any representations may be made in writing or, if the other party so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.

Propose a change

191B Bill of advocation not competent in respect of certain decisions

It is not competent to bring under review of the Sheriff Appeal Court by way of bill of advocation a decision of the court of first instance that relates to such objection or denial as is mentioned in section 144(4).

Propose a change

192 Appeals: miscellaneous provisions.

(1) Where an appellant has been granted bail, whether his appeal is under this Part of this Act or otherwise, he shall appear personally in court at the diet appointed for the hearing of the appeal. (2) Where an appellant who has been granted bail does not appear at such a diet, the Sheriff Appeal Court shall either— (a) dispose of the appeal as if it had been abandoned (in which case subsection (5) of section 177 of this Act shall apply accordingly); or (b) on cause shown permit the appeal to be heard in his absence. (3) No conviction, sentence, judgement, order of court or other proceeding whatsoever in or for the purposes of summary 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 complaint, or to 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. (4) The provisions regulating appeals shall, subject to the provisions of this Part of this Act, be without prejudice to any other mode of appeal competent. (5) Any officer of law may serve any bill of suspension or other writ relating to an appeal.

Propose a change

193 Suspension of disqualification, forfeiture etc.

(1) Where upon conviction of any person— (a) any disqualification, forfeiture or disability attaches to him by reason of such conviction; or (b) any property, matters or things which are the subject of the prosecution or connected therewith are to be or may be ordered to be destroyed or forfeited, if the court before which he was convicted thinks fit, the disqualification, forfeiture or disability or, as the case may be, destruction or forfeiture or order for destruction or forfeiture shall be suspended pending the determination of any appeal against conviction or sentence (or disposal or order). (2) Subsection (1) above does not apply in respect of any disqualification, forfeiture or, as the case may be, destruction or forfeiture or order for destruction or forfeiture under or by virtue of any enactment which contains express provision for the suspension of such disqualification, forfeiture or, as the case may be, destruction or forfeiture or order for destruction or forfeiture pending the determination of any appeal against conviction or sentence (or disposal or order). (3) Where, upon conviction, a fine has been imposed upon a person or a compensation order has been made against him under section 249 of this Act— (a) the fine or compensation order shall not be enforced against him and he shall not be liable to make any payment in respect of the fine or compensation order; and (b) any money paid under the compensation order shall not be paid by the clerk of court to the entitled person under subsection (9) of that section, pending the determination of any appeal against conviction or sentence (or disposal or order).

Propose a change

193A Suspension of certain sentences pending determination of appeal.

(1) Where a convicted person or the prosecutor appeals to the Sheriff Appeal Court under section 175 of this Act ..., 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 Sheriff Appeal 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. (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

194 Computation of time.

(1) If any period of time specified in any provision of this Part of this Act relating to appeals expires on a Saturday, Sunday or court holiday prescribed for the relevant court, the period shall be extended to expire on the next day which is not a Saturday, Sunday or such court holiday. (2) The sheriff principal of the sheriffdom in which the judgment was pronounced may, on cause shown, extend any period specified in sections 178(1) and 179(4) and (7) of this Act for such period as he considers reasonable. (3) For the purposes of sections 176(1)(a) and 178(1) of this Act, summary proceedings shall be deemed to be finally determined on the day on which sentence is passed in open court; except that, where in relation to an appeal— (a) under section 175(2)(a) or (3)(a); or (b) in so far as it is against conviction, under section 175(2)(d), of this Act sentence is deferred under section 202 of this Act, they shall be deemed finally determined on the day on which sentence is first so deferred in open court.

Propose a change

194ZB Appeal from the Sheriff Appeal Court

(1) An appeal on a point of law may be taken to the High Court against any decision of the Sheriff Appeal Court in criminal proceedings, but only with the permission of the High Court. (2) An appeal under subsection (1) may be taken by any party to the appeal in the Sheriff Appeal Court. (3) The High Court may give permission for an appeal under subsection (1) only if the Court considers that— (a) the appeal would raise an important point of principle or practice, or (b) there is some other compelling reason for the Court to hear the appeal. (4) An application for permission for an appeal under subsection (1) must be made before the end of the period of 14 days beginning with the day on which the decision of the Sheriff Appeal Court that would be the subject of the appeal was made. (5) The High Court may extend the period of 14 days mentioned in subsection (4) if satisfied that doing so is justified by exceptional circumstances.

Propose a change

194ZC Appeals: applications and procedure

(1) An appeal under section 194ZB(1) is to be made by way of note of appeal. (2) A note of appeal must specify the point of law on which the appeal is being made. (3) For the purposes of considering and deciding an appeal under section 194ZB(1)— (a) three of the judges of the High Court are to constitute a quorum of the Court, (b) decisions are to be taken by a majority vote of the members of the Court sitting (including the presiding judge), (c) each judge sitting may pronounce a separate opinion.

Propose a change

194ZD Application for permission for appeal: determination by single judge

(1) An application to the High Court for permission for an appeal under section 194ZB(1) is to be determined by a single judge of the High Court. (2) If the judge gives permission for the appeal, the judge may make comments in writing in relation to the appeal. (3) If the judge refuses permission for the appeal— (a) the judge must give reasons in writing for the refusal, and (b) where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the judge must grant a warrant to apprehend and imprison the appellant. (4) A warrant under subsection (3)(b) does not take effect until the expiry of the period of 14 days mentioned in section 194ZE(1) (or, where that period is extended under section 194ZE(2) before the period being extended expires, until the expiry of the period as so extended) without an application for permission having been lodged by the appellant under section 194ZE(1).

Propose a change

194ZE Further application for permission where single judge refuses permission

(1) Where the judge refuses permission for the appeal under section 194ZD, the appellant may, within the period of 14 days beginning with the day on which intimation of the decision is given under section 194ZF(2), apply again to the High Court for permission for the appeal. (2) The High Court may extend the period of 14 days mentioned in subsection (1), or that period as extended under this subsection, whether or not the period to be extended has expired. (3) The High Court may extend a period under subsection (2) only if satisfied that doing so is justified by exceptional circumstances. (4) Three of the judges of the High Court are to constitute a quorum for the purposes of considering an application under subsection (1). (5) If the High Court gives permission for the appeal, the Court may make comments in writing in relation to the appeal. (6) If the High Court refuses permission for the appeal— (a) the Court must give reasons in writing for the refusal, and (b) where the appellant is on bail and the sentence imposed on the appellant on conviction is one of imprisonment, the Court must grant a warrant to apprehend and imprison the appellant.

Propose a change

194ZF Applications for permission: further provision

(1) An application for permission for an appeal under section 194ZB(1) is to be considered and determined (whether under section 194ZD or 194ZE)— (a) in chambers without the parties being present, (b) by reference to section 194ZB(3), and (c) on the basis of consideration of— (i) the note of appeal under section 194ZC(1), and (ii) such other document or information (if any) as may be specified by act of adjournal. (2) The Clerk of Justiciary must, as soon as possible, intimate to the appellant or the appellant's solicitor and to the Crown Agent— (a) a decision under section 194ZD or 194ZE determining the application for permission for an appeal, and (b) in the case of a refusal of permission for the appeal, the reasons for the decision.

Propose a change

194ZG Restriction of grounds of appeal

(1) Comments in writing made under section 194ZD(2) or 194ZE(5) may specify the arguable grounds of appeal (whether or not they were stated in the note of appeal) on the basis of which permission for the appeal was given. (2) Where the arguable grounds of appeal are specified under subsection (1), the appellant may not, except with the permission of the High Court on cause shown, found any aspect of the appeal on a ground of appeal stated in the application for permission but not specified under subsection (1). (3) An application by the appellant for permission under subsection (2) must— (a) be made before the end of the period of 14 days beginning with the date of intimation under section 194ZF(2), and (b) be intimated by the appellant to the Crown Agent before the end of that period. (4) The High Court may extend the period of 14 days mentioned in subsection (3) if satisfied that doing so is justified by exceptional circumstances. (5) The appellant may not, except with the permission of the High Court on cause shown, found any aspect of the appeal on a matter not stated in the note of appeal (or in a duly made amendment or addition to the note of appeal). (6) Subsection (5) does not apply in relation to a matter specified as an arguable ground of appeal under subsection (1).

Propose a change

194ZH Disposal of appeals

(1) In disposing of an appeal under section 194ZB(1), the High Court may— (a) remit the case back to the Sheriff Appeal Court with its opinion and any direction as to further procedure in, or disposal of, the case, or (b) exercise any power that the Sheriff Appeal Court could have exercised in relation to disposal of the appeal proceedings before that Court. (2) So far as necessary for the purposes or in consequence of the exercise of a power by the High Court by virtue of subsection (1)(b)— (a) references in Part X to the Sheriff Appeal Court are to be read as including references to the High Court, and (b) references in Part X to a verdict of or sentence passed by the inferior court are to be read as incuding references to a verdict of or sentence passed by the Sheriff Appeal Court in disposing of the appeal before it. (3) Subsections (1)(b) and (2) do not affect any power in relation to the consideration or disposal of appeals that the High Court has apart from those subsections.

Propose a change

194ZI Procedure where appellant in custody

(1) Section 177 (procedure where appellant in custody) applies in the case where a party making an appeal (other than an excepted appeal) under section 194ZB(1) is in custody as it applies in the case where an appellant making an application under section 176 is in custody. (2) In subsection (1), “excepted appeal” means an appeal against a decision of the Sheriff Appeal Court in— (a) an appeal under section 32, or (b) an appeal under section 177(3).

Propose a change

194ZJ Abandonment of appeal

An appellant in an appeal under section 194ZB(1) may at any time abandon the appeal by minute to that effect— (a) signed by the appellant or the appellant's solicitor, (b) lodged with the Clerk of Justiciary, and (c) intimated to the respondent or the respondent's solicitor.

Propose a change

194ZK Finality of proceedings

(1) Every interlocutor and sentence (including disposal or order) pronounced by the High Court in disposing of an appeal relating to summary proceedings is final and conclusive and not subject to review by any court whatsoever. (2) Subsection (1) is subject to— (a) Part XA and section 288AA, and (b) paragraph 13(a) of Schedule 6 to the Scotland Act 1998. (3) It is incompetent to stay or suspend any execution or diligence issuing from the High Court under this Part, except for the purposes of an appeal under— (a) section 288AA, or (b) paragraph 13(a) of Schedule 6 to the Scotland Act 1998.

Propose a change

194ZL Computation of time

If any period of time specified in this Part expires on a Saturday, Sunday or court holiday prescribed for the relevant court, the period is extended to expire on the next day which is not a Saturday, Sunday or such a court holiday.

Propose a change

194A Scottish Criminal Cases Review Commission.

(1) There shall be established a body corporate to be known as the Scottish Criminal Cases Review Commission (in this Act referred to as “the Commission”). (2) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown. (3) The Commission shall consist of not fewer than three members. (4) The members of the Commission shall be appointed by Her Majesty on the recommendation of the Secretary of State. (5) At least one third of the members of the Commission shall be persons who are legally qualified; and for this purpose a person is legally qualified if he is an advocate or solicitor of at least ten years’ standing. (6) At least two thirds of the members of the Commission shall be persons who appear to the Secretary of State to have knowledge or experience of any aspect of the criminal justice system; and for the purposes of this subsection the criminal justice system includes, in particular, the investigation of offences and the treatment of offenders. (7) Schedule 9A to this Act, which makes further provision as to the Commission, shall have effect.

Propose a change

194B References by the Commission

(1) The Commission on the consideration of any conviction of a person or of the sentence (other than sentence of death) passed on a person who has been convicted on indictment or complaint may, if they think fit, at any time, and whether or not an appeal against such conviction or sentence has previously been heard and determined by the High Court or the Sheriff Appeal Court, refer the whole case to the High Court and ... the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under Part VIII or, as the case may be, Part X of this Act. (2) The power of the Commission under this section to refer to the High Court the case of a person convicted shall be exercisable whether or not that person has petitioned for the exercise of Her Majesty’s prerogative of mercy. (3) This section shall apply in relation to a finding under section 55(2) and an order under section 57(2) of this Act as it applies, respectively, in relation to a conviction and a sentence. (3A) For the purposes of an appeal under Part X of this Act in a case referred to the High Court under subsection (1)— (a) the High Court may exercise in the case all the powers and jurisdiction that the Sheriff Appeal Court would, had the case been an appeal to that Court, have had in relation to the case by virtue of section 118 of the Courts Reform (Scotland) Act 2014, and (b) accordingly, Part X of this Act has effect in relation to the case subject to the following modifications— (i) references to the Sheriff Appeal Court are to be read as references to the High Court, (ii) references to an Appeal Sheriff are to be read as references to a judge of the High Court, (iii) references to the Clerk of the Sheriff Appeal Court are to be read as reference to the Clerk of Justiciary. (4) For the purposes of this section “person” includes a person who is deceased.

Propose a change

194C Grounds for reference.

(1) The grounds upon which the Commission may refer a case to the High Court are that they believe— (a) that a miscarriage of justice may have occurred; and (b) that it is in the interests of justice that a reference should be made. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

194D Further provision as to references.

(1) A reference of a conviction, sentence or finding may be made under section 194B of this Act whether or not an application has been made by or on behalf of the person to whom it relates. (2) In considering whether to make a reference the Commission shall have regard to— (a) any application or representations made to the Commission by or on behalf of the person to whom it relates; (b) any other representations made to the Commission in relation to it: and (c) any other matters which appear to the Commission to be relevant. (3) In considering whether to make a reference the Commission may at any time refer to the High Court for the Court’s opinion any point on which they desire the Court’s assistance; and on a reference under this subsection the High Court shall consider the point referred and furnish the Commission with their opinion on the point. (4) Where the Commission make a reference to the High Court under section 194B of this Act they shall— (a) give to the Court a statement of their reasons for making the reference; and (b) send a copy of the statement to every person who appears to them to be likely to be a party to any proceedings on the appeal arising from the reference. (4A) The grounds for an appeal arising from a reference to the High Court under section 194B of this Act must relate to one or more of the reasons for making the reference contained in the Commission's statement of reasons. (4B) Despite subsection (4A), the High Court may, if it considers it is in the interests of justice to do so, grant leave for the appellant to found the appeal on additional grounds. (4C) An application by the appellant for leave under subsection (4B) must be made and intimated to the Crown Agent within 21 days after the date on which a copy of the Commission's statement of reasons is sent under subsection (4)(b). (4D) The High Court may, on cause shown, extend the period of 21 days mentioned in subsection (4C). (4E) The Clerk of Justiciary must intimate to the persons mentioned in subsection (4F)— (a) a decision under subsection (4B), and (b) in the case of a refusal to grant leave for the appeal to be founded on additional grounds, the reasons for the decision. (4F) Those persons are— (a) the appellant or the appellant's solicitor, and (b) the Crown Agent. (5) In every case in which— (a) an application has been made to the Commission by or on behalf of any person for the reference by them of any conviction, sentence or finding; but (b) the Commission decide not to make a reference of the conviction, sentence or finding, they shall give a statement of the reasons for their decision to the person who made the application.

Propose a change

194DA High Court's power to reject a reference made by the Commission

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

Propose a change

194E Extension of Commission’s remit to summary cases.

(1) The Secretary of State may by order provide for this Part of this Act to apply in relation to convictions, sentences and findings made in summary proceedings as they apply in relation to convictions, sentences and findings made in solemn proceedings, and may for that purpose make in such an order such amendments to the provisions of this Part as appear to him to be necessary or expedient. (2) An order under this section shall be made by statutory instrument, and shall not have effect unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Propose a change

194F Further powers.

The Commission may take any steps which they consider appropriate for assisting them in the exercise of any of their functions and may, in particular— (a) themselves undertake inquiries and obtain statements, opinions or reports; or (b) request the Lord Advocate or any other person to undertake such inquiries or obtain such statements, opinions and reports.

Propose a change

194G Supplementary provision.

(1) The Secretary of State may by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient for the purpose of bringing this Part of this Act into operation, and, without prejudice to the generality of the foregoing, of dealing with any cases being considered by him under section 124 of this Act at the time when this Part comes into force, and an order under this section may make different provision in relation to different cases or classes of case. (2) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Propose a change

194H Power to request precognition on oath.

(1) Where it appears to the Commission that a person may have information which they require for the purposes of carrying out their functions, and the person refuses to make any statement to them, they may apply to the sheriff under this section. (2) On an application made by the Commission under this section, the sheriff may, if he is satisfied that it is reasonable in the circumstances, grant warrant to cite the person concerned to appear before the sheriff in chambers at such time or place as shall be specified in the citation, for precognition on oath by a member of the Commission or a person appointed by them to act in that regard. (3) Any person who, having been duly cited to attend for precognition under subsection (2) above and having been given at least 48 hours notice, fails without reasonable excuse to attend shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 21 days; and the court may issue a warrant for the apprehension of the person concerned ordering him to be brought before a sheriff for precognition on oath. (4) Any person who, having been duly cited to attend for precognition under subsection (2) above, attends but— (a) refuses to give information within his knowledge or to produce evidence in his possession; or (b) prevaricates in his evidence, shall be guilty of an offence and shall be liable to be summarily subjected to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 21 days.

Propose a change

194I Power to obtain documents etc.

(1) Where the Commission believe that a person or a public body has possession or control of a document or other material which may assist them in the exercise of any of their functions, they may apply to the High Court for an order requiring that person or body— (a) to produce the document or other material to the Commission or to give the Commission access to it; and (b) to allow the Commission to take away the document or other material or to make and take away a copy of it in such form as they think appropriate, and such an order may direct that the document or other material must not be destroyed, damaged or altered before the direction is withdrawn by the Court. (2) The duty to comply with an order under this section is not affected by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by or by virtue of any enactment) which would otherwise prevent the production of the document or other material to the Commission or the giving of access to it to the Commission. (3) The documents and other material covered by this section include, in particular, any document or other material obtained or created during any investigation or proceedings relating to— (a) the case in relation to which the Commission’s function is being or may be exercised; or (b) any other case which may be in any way connected with that case (whether or not any function of the Commission could be exercised in relation to that other case). (4) In this section— “Minister” means a Minister of the Crown as defined by section 8 of the Ministers of the Crown Act 1975; ... “public body” means the Police Service of Scotland; any government department, local authority or other body constituted for the purposes of the public service, local government or the administration of justice; or any other body whose members are appointed by Her Majesty, any Minister , the Scottish Ministers or any government department or whose revenues consist wholly or mainly of money provided by Parliament.

Propose a change

194IA Power to request assistance in obtaining information abroad

(1) Where it appears to the Commission that there may be information which they require for the purposes of carrying out their functions, and the information is outside the United Kingdom, they may apply to the High Court to request assistance. (2) On an application made by the Commission under subsection (1), the High Court may request assistance if satisfied that it is reasonable in the circumstances. (3) In this section, “request assistance” means request assistance in obtaining outside the United Kingdom any information specified in the request for use by the Commission for the purposes of carrying out their functions. (4) Section 8 of the Crime (International Co-operation) Act 2003 (c.32) (sending requests for assistance) applies to requests for assistance under this section as it applies to requests for assistance under section 7 of that Act. (5) Subsections (2), (3) and (6) of section 9 of that Act (use of evidence obtained) apply to information obtained pursuant to a request for assistance under this section as they apply under subsection (1) of that section to evidence obtained pursuant to a request for assistance under section 7 of that Act.

Propose a change

194J Offence of disclosure.

(1) A person who is or has been a member or employee of the Commission shall not disclose any information obtained by the Commission in the exercise of any of their functions unless the disclosure of the information is excepted from this section by section 194K or 194M of this Act. (2) A member of the Commission shall not authorise the disclosure by an employee of the Commission of any information obtained by the Commission in the exercise of any of their functions unless the authorisation of the disclosure of the information is excepted from this section by section 194K or 194M of this Act. (3) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Propose a change

194K Exceptions from obligations of non-disclosure.

(1) The disclosure of information, or the authorisation of the disclosure of information, is excepted from section 194J of this Act by this section if the information is disclosed, or is authorised to be disclosed— (a) for the purposes of any criminal, disciplinary or civil proceedings; (b) in order to assist in dealing with an application made to the Secretary of State for compensation for a miscarriage of justice; (c) by a person who is a member or an employee of the Commission to another person who is a member or an employee of the Commission; (d) in any statement or report required by this Act; (e) in or in connection with the exercise of any function under this Act; or (f) in any circumstances in which the disclosure of information is permitted by an order made by the Secretary of State. (2) The disclosure of information is also excepted from section 194J of this Act by this section if the information is disclosed by an employee of the Commission who is authorised to disclose the information by a member of the Commission. (3) The disclosure of information, or the authorisation of the disclosure of information, is also excepted from section 194J of this Act by this section if the information is disclosed, or is authorised to be disclosed, for the purposes of— (a) the investigation of an offence; or (b) deciding whether to prosecute a person for an offence, unless the disclosure is or would be prevented by an obligation or other limitation on disclosure (including any such obligation or limitation imposed by, under or by virtue of any enactment) arising otherwise than under that section. (4) Where the disclosure of information is excepted from section 194J of this Act by subsection (1) or (2) above, the disclosure of the information is not prevented by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by, under or by virtue of any enactment) arising otherwise than under that section. (5) The power to make an order under subsection (1)(f) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Propose a change

194L Consent to disclosure.

(1) Where a person or body is required by an order under section 194I of this Act to produce or allow access to a document or other material to the Commission and notifies them that any information contained in the document or other material to which the order relates is not to be disclosed by the Commission without his or its prior consent, the Commission shall not disclose the information without such consent. (2) Such consent may not be withheld unless— (a) (apart from section 194I of this Act) the person would have been prevented by any obligation of secrecy or other limitation on disclosure from disclosing the information without such consent; and (b) it is reasonable for the person to withhold his consent to disclosure of the information by the Commission. (3) An obligation of secrecy or other limitation on disclosure which applies to a person only where disclosure is not authorised by another person shall not be taken for the purposes of subsection (2)(a) above to prevent the disclosure by the person of information to the Commission unless— (a) reasonable steps have been taken to obtain the authorisation of the other person; or (b) such authorisation could not reasonably be expected to be obtained.

Propose a change

194M Further exception to section 194J

(1) The disclosure of information, or the authorisation of disclosure of information, is excepted from section 194J by this section if— (a) the conditions specified in subsection (2) are met, and (b) the Commission have determined that it is appropriate in the whole circumstances for the information to be disclosed. (2) The conditions are that— (a) the information relates to a case that has been referred to the High Court under section 194B(1), (b) the reference concerns— (i) a conviction, or (ii) a finding under section 55(2), and (c) the case has fallen, or has been abandoned, under the provisions or other rules applying by virtue of section 194B(1).

Propose a change

194N Effect of the exception

(1) Where the disclosure of information is excepted from section 194J by section 194M, the disclosure of the information is not prevented by any obligation of confidentiality or other limitation on disclosure arising otherwise than under section 194J. (2) For the purpose of subsection (1), such an obligation or limitation does not include one imposed— (a) by, under or by virtue of any enactment, or (b) by any interdict or other court order applying in connection with this section.

Propose a change

194O Notification and representations etc.

(1) When considering for the purpose of section 194M(1) the question of whether it is appropriate for the information to be disclosed, the Commission have the following duties. (2) The Commission must— (a) so far as practicable, take reasonable measures to— (i) notify each of the affected persons of the possibility that the information may be disclosed, and (ii) seek the views of each of them on the question, and (b) to such extent (and in such manner) as they think fit, consult the other interested persons. (3) The Commission must— (a) allow the prescribed period for each of the affected and other interested persons involved to take steps (including legal action) in their own favour in relation to the question, and (b) have regard to any material representations made to them on the question by any of those affected and other interested persons within the prescribed period. (4) The Commission must have regard to any other factors that they believe to be significant in relation to the question. (5) In subsections (2) and (3)— (a) the references to the affected persons are to the persons— (i) to whom the information directly relates, or (ii) from whom the information was obtained, whether directly or indirectly, (b) the references to the other interested persons are to (so far as not among the affected persons)— (i) the Lord Advocate, and (ii) such additional persons (if any) as appear to the Commission to have a substantial interest in the question. (6) In subsection (3), the references to the prescribed period in relation to a particular person are to— (a) the period of 6 weeks, or (b) such longer period as the Commission may set, starting with the date on which the notification was sent to, or (as the case may be) consultation was initiated with respect to, the person. (7) Subsections (3) and (6) are inapplicable in relation to a particular person if the Commission cannot reasonably ascertain the person's whereabouts.

Propose a change

194P Consent if UK interest

(1) Unless subsection (3) is complied with, section 194M(1) is of no effect in relation to any information falling within subsection (2). (2) Information falls within this subsection if it— (a) is held by the Commission, and (b) at any time, has been supplied by the UK Government under arrangements of any kind. (3) This subsection is complied with if, at any time, the UK Government has in connection with section 194M(1) given its consent to disclosure of the information. (4) In this section, “the UK Government” means a Minister of the Crown or a department of the Government of the United Kingdom.

Propose a change

194Q Consent if foreign interest

(1) Unless subsection (3) is complied with, section 194M(1) is of no effect in relation to any information falling within subsection (2). (2) Information falls within this subsection if it— (a) is held by the Commission, and (b) at any time, has been supplied by a designated foreign authority under arrangements of any kind. (3) This subsection is complied with if the designated foreign authority has in connection with section 194M(1) given its consent to disclosure of the information, by virtue of— (a) the arrangements concerned, or (b) subsection (4). (4) Where not previously given by virtue of those arrangements, it is for the Commission to seek the designated foreign authority's consent to disclosure of the information. (5) Subsection (1) does not apply if the information also falls within section 194P(2).

Propose a change

194R Designated foreign authority

(1) The references in section 194Q to a designated foreign authority are to a current or previous authority of a prosecutorial, judicial or other character which is or was located within a country or territory outwith the United Kingdom. (2) But, if in connection with subsection (4) of that section— (a) the Commission cannot reasonably identify or find the particular authority in question, or (b) they are unsuccessful in their reasonable attempts to communicate with it, the references in subsections (3) and (4) of that section to the designated foreign authority are to be read as if they were to the relevant foreign government. (3) In the application of subsection (2), paragraph (a) of subsection (3) of that section is to be ignored. (4) In subsection (2)— (a) the references to the Commission include their acting with the Lord Advocate's help, (b) the reference to the relevant foreign government— (i) is to the government of the other country or territory, (ii) in the event of doubt as to the status or operation of a governmental system in the other country or territory, is to be regarded as being to the body described in subsection (5). (5) That is, the principal body in it (for the time being (if any)) that is recognised by the Government of the United Kingdom as having responsibility for exercising governmental control centrally.

Propose a change

194S Disapplication of sections 194O to 194R

(1) Sections 194O to 194R cease to have effect if subsection (2) prevails. (2) This subsection prevails where, on their preliminary examination of the question to which section 194O(1) relates, the Commission determine for the purpose of section 194M(1) that it is manifestly inappropriate for the information to be disclosed. (3) But— (a) if there is a material change in any significant factor on which the determination depended, it is open to the Commission to re-examine the question (and this is to be regarded as another preliminary examination of the question), (b) where they choose to re-examine the question, the effect of sections 194O to 194R is restored unless subsection (2) again prevails.

Propose a change

194T Final disclosure-related matters

(1) If the Commission decide in pursuance of section 194M(1) to disclose the information— (a) subsection (2) applies initially, and (b) subsection (3) applies subsequently. (2) Before disclosing the information, the Commission must— (a) so far as practicable, take reasonable measures to notify of the decision— (i) each of the affected persons, and (ii) to the same extent as they were consulted under section 194O(2)(b), the other interested persons, and (b) allow the prescribed period for each of the affected and other interested persons involved to take steps (including legal action) in their own favour in relation to the decision. (3) In disclosing the information, the Commission must— (a) explain the context in which the information is being disclosed by them (including by describing the background to the case), and (b) where (for any reason) other information relating to the case remains undisclosed by them, explicitly state that fact, and do so along with the material by which the disclosure is made. (4) In subsection (2), the references to the affected and other interested persons are to be construed in accordance with section 194O(5). (5) In subsection (2)(b), the reference to the prescribed period in relation to a particular person is to— (a) the period of 6 weeks, or (b) such longer period as the Commission may set, starting with the date on which the notification was sent to the person. (6) Subsections (2)(b) and (5) are inapplicable in relation to a particular person if the Commission cannot reasonably ascertain the person's whereabouts. (7) In subsection (3)(b), the reference to other information is to any other information obtained by the Commission in the exercise of their functions.

Propose a change

← Find another law