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

271G Saving provision

Nothing in sections 271A to 271F of this Act affects any power or duty which a court has otherwise than by virtue of those sections to make or authorise any special arrangements for taking the evidence of any person.

Propose a change

271H The special measures

(1) The special measures which may be authorised to be used under section 271A, 271C or 271D of this Act for the purpose of taking the evidence of a vulnerable witness are— (a) taking of evidence by a commissioner in accordance with section 271I of this Act, (b) use of a live television link in accordance with section 271J of this Act, (c) use of a screen in accordance with section 271K of this Act, (d) use of a supporter in accordance with section 271L of this Act, (e) giving evidence in chief in the form of a prior statement in accordance with section 271M of this Act, and (ea) excluding the public during the taking of the evidence in accordance with section 271HB of this Act, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) The Scottish Ministers may, by order subject to the affirmative procedure— (a) modify subsection (1), (b) in consequence of any modification made under paragraph (a)— (i) prescribe the procedure to be followed when special measures are used, and (ii) so far as is necessary, modify sections 271A to 271M of this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Provision may be made by Act of Adjournal regulating, so far as not regulated by sections 271I to 271M of this Act, the use in any proceedings of any special measure authorised to be used by virtue of section 271A, 271C or 271D of this Act.

Propose a change

271HA Temporary additional special measures

(1) The Scottish Ministers may, by order subject to the affirmative procedure, specify additional measures which for the time being are to be treated as special measures listed in section 271H(1). (2) An order under subsection (1) (3) An order under subsection (1) must specify— (a) the area in which the additional measures may be used, (b) the period during which the additional measures may be used, and (c) the procedure to be followed when the additional measures are used.

Propose a change

271HB Excluding the public while taking evidence

(1) This section applies where the special measure to be used in respect of a vulnerable witness is excluding the public during the taking of the evidence of the vulnerable witness. (2) The court may direct that all or any persons other than those mentioned in subsection (3) are excluded from the court during the taking of the evidence. (3) The persons are— (a) members or officers of the court, (b) parties to the case before the court, their counsel or solicitors or persons otherwise directly concerned in the case, (c) bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings, (d) such other persons as the court may specially authorise to be present.

Propose a change

271I Taking of evidence by a commissioner

(1) Where the special measure to be used is taking of evidence by a commissioner, the court shall appoint a commissioner to take the evidence of the vulnerable witness in respect of whom the special measure is to be used. (1ZA) A court which appoints a commissioner under subsection (1) must— (a) fix a date for the proceedings before the commissioner, and (b) fix a date for a hearing (to be known as a “ground rules hearing”) for the purpose of preparing for the proceedings. (1ZB) The ground rules hearing is to be presided over by— (a) a judge of the court which appointed the commissioner if— (i) the court directs that the ground rules hearing be conjoined with another hearing or diet that is to be held before the date of the proceedings to which the ground rules hearing relates and that hearing or diet is presided over by a judge, or (ii) it is not reasonably practicable for the ground rules hearing to be presided over by the commissioner appointed to preside over the proceedings to which the ground rules hearing relates, or (b) in any other case, the commissioner appointed to preside over the proceedings to which the ground rules hearing relates. (1ZC) In cases where a judge presides over a ground rules hearing in accordance with subsection (1ZB)(a), references to the commissioner in subsection (1ZD) are to be read as references to the judge. (1ZD) The commissioner presiding over a ground rules hearing must— (a) ascertain the length of time the parties expect to take for examination-in-chief and cross-examination, including any breaks that may be required, (b) to the extent that the commissioner considers it appropriate to do so, decide on the form and wording of the questions that are to be asked of the vulnerable witness, (c) if the commissioner considers it appropriate to do so, authorise the use of a supporter at the proceedings, in accordance with section 271L, (d) if the commissioner considers that there are steps that could reasonably be taken to enable the vulnerable witness to participate more effectively in the proceedings, direct that those steps be taken, (e) subject to section 72(8) which applies in relation to the commissioner as it applies in relation to the court, dispose of any application that— (i) has been made under section 275(1) or 288F(2), and (ii) has not yet been disposed of by the court, (f) consider whether the proceedings should take place on the date fixed by the court and postpone the proceedings if the commissioner considers that it is in the interests of justice to do so having regard to all the circumstances, including— (i) whether the parties are likely to be ready for the proceedings to take place on the date fixed by the court and if not, the reasons for that, (ii) any views expressed by the parties on whether the proceedings should be postponed, and (iii) whether postponement is in the interests of the vulnerable witness, and (g) consider and, if appropriate, make a decision on, any other matter that the commissioner considers could be usefully dealt with before the proceedings take place. (1A) Proceedings before a commissioner appointed under subsection (1) above shall, if the court so directed when authorising such proceedings or it was so directed at the ground rules hearing, take place by means of a live television link between the place where the commissioner is taking, and the place from which the witness is giving, evidence. (2) Proceedings before a commissioner appointed under subsection (1) above shall be recorded by video recorder. (3) An accused— (a) shall not, except by leave of the court on special cause shown, be present— (i) in the room where such proceedings are taking place; or (ii) if such proceedings are taking place by means of a live television link, in the same room as the witness, but (b) is entitled by such means as seem suitable to the court to watch and hear the proceedings. (4) The recording of the proceedings made in pursuance of subsection (2) above shall be received in evidence without being sworn to by witnesses. (4A) It is not necessary (in solemn cases) for an indictment to have been served before— (a) a party may lodge a vulnerable witness notice which specifies the special measure of taking evidence by commissioner as the special measure or one of the special measures which the party considers to be the most appropriate for the purpose of taking the witness's evidence, (b) a court may make an order authorising the use of the special measure of taking evidence by commissioner, whether on its own or in combination with any other special measure specified in the same vulnerable witness notice, (c) a court may appoint a commissioner under subsection (1), or (d) proceedings may take place before a commissioner appointed under subsection (1). (5) Sections— (a) 274; (b) 275; (c) 275B except subsection (2)(b); (d) 275C; (e) 288C; (f) 288E; and (g) 288F, of this Act apply in relation to proceedings before a commissioner appointed under subsection (1) above as they apply in relation to a trial. (6) In the application of those sections in relation to such proceedings— (a) the commissioner acting in the proceedings is to perform the functions of the court as provided for in those sections; (b) references— (i) in those sections, except section 275(3)(c) and (7)(c), to a trial or a trial diet; (ii) in those sections, except sections 275(3)(e) and 288F(2), (3) and (4), to the court, shall be read accordingly; (c) the reference in section 275B(1) to 14 days shall be read as a reference to 7 days. (7) In a case where it falls to the court to appoint a commissioner under subsection (1) above, the commissioner shall be a person described in subsection (8) below. (8) The persons are— (a) where the proceedings before the commissioner are for the purposes of a trial which the court (when it appoints the commissioner) expects will be in the High Court, a judge of the High Court; or (b) in any other case, a sheriff.

Propose a change

271J Live television link

(1) Where the special measure to be used is a live television link, the court shall make such arrangements as seem to it appropriate for the vulnerable witness in respect of whom the special measure is to be used to give evidence from a place outside the court-room where the hearing is to take place by means of a live television link between that place and the court-room. (2) The place from which the vulnerable witness gives evidence by means of the link— (a) may be another part of the court building in which the court-room is located or any other suitable place outwith that building, and (b) shall be treated, for the purposes of the proceedings at the hearing, as part of the court-room whilst the witness is giving evidence. (3) Any proceedings conducted by means of a live television link by virtue of this section shall be treated as taking place in the presence of the accused. (4) Where— (a) the live television link is to be used in proceedings in a sheriff court, but (b) that court lacks accommodation or equipment necessary for the purpose of receiving such a link, the sheriff may by order transfer the proceedings to any other sheriff court in the same sheriffdom which has such accommodation or equipment available. (5) An order may be made under subsection (4) above— (a) at any stage in the proceedings (whether before or after the commencement of the hearing), or (b) in relation to any part of the proceedings.

Propose a change

271K Screens

(1) Where the special measure to be used is a screen, the screen shall be used to conceal the accused from the sight of the vulnerable witness in respect of whom the special measure is to be used. (2) However, the court shall make arrangements to ensure that the accused is able to watch and hear the vulnerable witness giving evidence. (3) Subsections (4) and (5) of section 271J of this Act apply for the purpose of the use of a screen under this section as they apply for the purpose of the use of a live television link under that section but as if— (a) references to the live television link were references to the screen, and (b) the reference to receiving such a link were a reference to the use of a screen.

Propose a change

271L Supporters

(1) Where the special measure to be used is a supporter, another person (“the supporter”) nominated by or on behalf of the vulnerable witness in respect of whom the special measure is to be used may be present alongside the witness to support the witness while the witness is giving evidence. (2) Where the person nominated as the supporter is to give evidence at that or any other hearing in the proceedings, that person may not act as the supporter at any time before giving evidence. (3) The supporter shall not prompt or otherwise seek to influence the witness in the course of giving evidence.

Propose a change

271M Giving evidence in chief in the form of a prior statement

(1) This section applies where the special measure to be used in respect of a vulnerable witness is giving evidence in chief in the form of a prior statement. (2) A statement made by the vulnerable witness which is lodged in evidence for the purposes of this section by or on behalf of the party citing the vulnerable witness shall, subject to subsection (3) below, be admissible as the witness’s evidence in chief, or as part of the witness’s evidence in chief, without the witness being required to adopt or otherwise speak to the statement in giving evidence in court. (3) Section 260 of this Act shall apply to a statement lodged for the purposes of this section as it applies to a prior statement referred to in that section but as if— (a) references to a prior statement were references to the statement lodged for the purposes of this section, (b) in subsection (1), the words “where a witness gives evidence in criminal proceedings” were omitted, and (c) in subsection (2), paragraph (b) were omitted. (4) This section does not affect the admissibility of any statement made by any person which is admissible otherwise than by virtue of this section. (5) In this section, “statement” has the meaning given in section 262(1) of this Act.

Propose a change

271N Witness anonymity orders

(1) A court may make an order requiring such specified measures to be taken in relation to a witness in criminal proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings. (2) The court may make such an order only on an application made in accordance with sections 271P and 271Q, if satisfied of the conditions set out in section 271R having considered the matters set out in section 271S. (3) The kinds of measures that may be required to be taken in relation to a witness include in particular measures for securing one or more of the matters mentioned in subsection (4). (4) Those matters are— (a) that the witness's name and other identifying details may be— (i) withheld, (ii) removed from materials disclosed to any party to the proceedings, (b) that the witness may use a pseudonym, (c) that the witness is not asked questions of any specified description that might lead to the identification of the witness, (d) that the witness is screened to any specified extent, (e) that the witness's voice is subjected to modulation to any specified extent. (5) Nothing in this section authorises the court to require— (a) the witness to be screened to such an extent that the witness cannot be seen by the judge or the jury, (b) the witness's voice to be modulated to such an extent that the witness's natural voice cannot be heard by the judge or the jury. (6) An order made under this section is referred to in this Act as a “witness anonymity order”. (7) In this section “specified” means specified in the order concerned.

Propose a change

271P Applications

(1) An application for a witness anonymity order to be made in relation to a witness in criminal proceedings may be made to the court by the prosecutor or the accused. (2) Where an application is made by the prosecutor, the prosecutor— (a) must (unless the court directs otherwise) inform the court of the identity of the witness, but (b) is not required to disclose in connection with the application— (i) the identity of the witness, or (ii) any information that might enable the witness to be identified, to any other party to the proceedings (or to the legal representatives of any other party to the proceedings). (3) Where an application is made by the accused, the accused— (a) must inform the court and the prosecutor of the identity of the witness, but (b) if there is more than one accused, is not required to disclose in connection with the application— (i) the identity of the witness, or (ii) any information that might enable the witness to be identified, to any other accused (or to the legal representatives of any other accused). (4) Subsections (5) and (6) apply where the prosecutor or the accused proposes to make an application under this section in respect of a witness. (5) Any relevant information which is disclosed by or on behalf of that party before the determination of the application must be disclosed in such a way as to prevent— (a) the identity of the witness, or (b) any information that might enable the witness to be identified, from being disclosed except as required by subsection (2)(a) or (3)(a). (6) Despite any provision in this Act to the contrary, any relevant list, application or notice lodged, made or given by that party before the determination of the application must not— (a) disclose the identity of the witness, or (b) contain any other information that might enable the witness to be identified, but the list, application or notice must, instead, refer to the witness by a pseudonym. (7) “Relevant information” means any document or other material which falls to be disclosed, or is sought to be relied on, by or on behalf of the party concerned in connection with the proceedings or proceedings preliminary to them. (8) “Relevant list, application or notice” means— (a) a list of witnesses, (b) a list of productions, (c) a notice under section 67(5) or 78(4) relating to the witness, (d) a motion or application under section 268, 269 or 270 relating to the witness, (e) any other motion, application or notice relating to the witness. (9) The court must give every party to the proceedings the opportunity to be heard on an application under this section. (10) Subsection (9) does not prevent the court from hearing one or more of the parties to the proceedings in the absence of an accused and the accused's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case. (11) Nothing in this section is to be taken as restricting any power to make rules of court.

Propose a change

271Q Making and determination of applications

(1) In proceedings on indictment, an application under section 271P is a preliminary issue (and sections 79 and 87A and other provisions relating to preliminary issues apply accordingly). (2) No application under section 271P may be made in summary proceedings by any party unless notice of the party's intention to do so has been given— (a) if an intermediate diet has been fixed, before that diet, (b) if no intermediate diet has been fixed, before the commencement of the trial. (3) Subsection (2) is subject to subsections (4) and (8). (4) In summary proceedings in which an intermediate diet has been fixed, the court may, on cause shown, grant leave for an application under section 271P to be made without notice having been given in accordance with subsection (2)(a). (5) Subsection (6) applies where— (a) the court grants leave for a party to make an application under section 271P without notice having been given in accordance with subsection (2)(a), or (b) notice of a party's intention to make such an application is given in accordance with subsection (2)(b). (6) The application must be disposed of before the commencement of the trial. (7) Subsection (8) applies where a motion or application is made under section 268, 269 or 270 to lead the evidence of a witness. (8) Despite section 79(1) and subsection (2) above, an application under section 271P may be made in respect of the witness at the same time as the motion or application under section 268, 269 or 270 is made. (9) The application must be determined by the court before continuing with the trial. (10) Where an application is made under section 271P, the court may postpone or adjourn (or further adjourn) the trial diet. (11) In this section, “ commencement of the trial ” means the time when the first witness for the prosecution is sworn.

Propose a change

271R Conditions for making orders

(1) This section applies where an application is made for a witness anonymity order to be made in relation to a witness in criminal proceedings. (2) The court may make the order only if it is satisfied that Conditions A to D below are met. (3) Condition A is that the proposed order is necessary— (a) in order to protect the safety of the witness or another person or to prevent any serious damage to property, or (b) in order to prevent real harm to the public interest (whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activities or otherwise). (4) Condition B is that, having regard to all the circumstances, the effect of the proposed order would be consistent with the accused's receiving a fair trial. (5) Condition C is that the importance of the witness's testimony is such that in the interests of justice the witness ought to testify. (6) Condition D is that— (a) the witness would not testify if the proposed order were not made, or (b) there would be real harm to the public interest if the witness were to testify without the proposed order being made. (7) In determining whether the measures to be specified in the order are necessary for the purpose mentioned in subsection (3)(a), the court must have regard in particular to any reasonable fear on the part of the witness— (a) that the witness or another person would suffer death or injury, or (b) that there would be serious damage to property, if the witness were to be identified.

Propose a change

271S Relevant considerations

(1) When deciding whether Conditions A to D in section 271R are met in the case of an application for a witness anonymity order, the court must have regard to— (a) the considerations mentioned in subsection (2), and (b) such other matters as the court considers relevant. (2) The considerations are— (a) the general right of an accused in criminal proceedings to know the identity of a witness in the proceedings, (b) the extent to which the credibility of the witness concerned would be a relevant factor when the witness's evidence comes to be assessed, (c) whether evidence given by the witness might be material in implicating the accused, (d) whether the witness's evidence could be properly tested (whether on grounds of credibility or otherwise) without the witness's identity being disclosed, (e) whether there is any reason to believe that the witness— (i) has a tendency to be dishonest, or (ii) has any motive to be dishonest in the circumstances of the case, having regard in particular to any previous convictions of the witness , including any convictions by a court in any part of the United Kingdom or in any member State of the European Union, and to any relationship between the witness and the accused or any associates of the accused, (f) whether it would be reasonably practicable to protect the witness's identity by any means other than by making a witness anonymity order specifying the measures that are under consideration by the court.

Propose a change

271T Direction to jury

(1) Subsection (2) applies where, in a trial on indictment, any evidence has been given by a witness at a time when a witness anonymity order applied to the witness. (2) The judge must give the jury such direction as the judge considers appropriate to ensure that the fact that the order was made in relation to the witness does not prejudice the accused.

Propose a change

271U Discharge and variation of order

(1) This section applies where a court has made a witness anonymity order in relation to any criminal proceedings. (2) The court may discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of the provisions of sections 271R and 271S that applied to the making of the order. (3) The court may do so— (a) on an application made by a party to the proceedings if there has been a material change of circumstances since the relevant time, or (b) on its own initiative. (4) The court must give every party to the proceedings the opportunity to be heard— (a) before determining an application made to it under subsection (3)(a), and (b) before discharging or varying the order on its own initiative. (5) Subsection (4) does not prevent the court from hearing one or more of the parties to the proceedings in the absence of an accused and the accused's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case. (6) In subsection (3)(a) “the relevant time” means— (a) the time when the order was made, or (b) if a previous application has been made under that subsection, the time when the application (or the last application) was made.

Propose a change

271V Appeals

(1) The prosecutor or the accused may appeal to the appropriate Appeal Court against— (a) the making of a witness anonymity order under section 271N, (b) the kinds of measures that are required to be taken in relation to a witness under a witness anonymity order made under that section, (c) the refusal to make a witness anonymity order under that section, (d) the discharge of a witness anonymity order under section 271U, (e) the variation of a witness anonymity order under that section, or (f) the refusal to discharge or vary a witness anonymity order under that section. (2) The appeal may be brought only with the leave of the court of first instance, granted— (a) on the motion of the party making the appeal, or (b) on its own initiative. (3) The procedure in relation to the appeal is to be prescribed by Act of Adjournal. (4) If an appeal is brought under this section— (a) the period between the lodging of the appeal and its determination does not count towards any time limit applying in respect of the case, (b) the court of first instance or the appropriate Appeal Court may do either or both of the following— (i) postpone or adjourn (or further adjourn) the trial diet, (ii) extend any time limit applying in respect of the case. (5) An appeal under this section does not affect any right of appeal in relation to any other decision of any court in the criminal proceedings. (6) In this section, “appropriate Appeal Court” means— (a) in the case of an appeal under this section against a decision made in proceedings on indictment, the High Court; (b) in the case of an appeal under this section against a decision made in summary proceedings, the Sheriff Appeal Court.

Propose a change

271W Appeal against the making of a witness anonymity order

(1) This section applies where— (a) an appeal is brought under section 271V(1)(a) against the making of a witness anonymity order, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must discharge the order and the trial is to proceed as if the order had not been made.

Propose a change

271X Appeal against the refusal to make a witness anonymity order

(1) This section applies where— (a) an appeal is brought under section 271V(1)(c) against the refusal to make a witness anonymity order in relation to a witness in criminal proceedings, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must make an order requiring such specified measures to be taken in relation to the witness in the proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings.

Propose a change

271Y Appeal against a variation of a witness anonymity order

(1) This section applies where— (a) an appeal is brought under section 271V(1)(e) against a variation of a witness anonymity order, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must discharge the variation. (3) If the court hearing the appeal determines that it is appropriate to make an additional variation in view of the provisions of sections 271R and 271S, the court may do so.

Propose a change

271Z Appeal against a refusal to vary or discharge a witness anonymity order

(1) This section applies where— (a) an appeal is brought under section 271V(1)(f) against a refusal to discharge or vary a witness anonymity order, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must discharge the order, or make the variation, as the case requires. (3) If, in the case of a variation, the court hearing the appeal determines that it is appropriate to make an additional variation in view of the provisions of sections 271R and 271S, the court may do so.

Propose a change

272 Evidence by letter of request or on commission.

(1) In any criminal proceedings in the High Court or the sheriff court the prosecutor or the defence may, at an appropriate time, apply to a judge of the court in which the trial is to take place (or, if that is not yet known, to a judge of the High Court) for— (a) the issue of a letter of request to a court, or tribunal, exercising jurisdiction in a country or territory outside the United Kingdom, Channel Islands and Isle of Man for the examination of a witness resident in that country or territory; or (b) the appointment of a commissioner to examine, at any place in the United Kingdom, Channel Islands, or Isle of Man, a witness who— (i) by reason of being ill or infirm is unable to attend the trial diet; or (ii) is not ordinarily resident in, and is, at the time of the trial diet, unlikely to be present in, the United Kingdom, Channel Islands or the Isle of Man. (2) A hearing, as regards any application under subsection (1) above by a party, shall be conducted in chambers but may be dispensed with if the application is not opposed. (3) An application under subsection (1) above may be granted only if the judge is satisfied that— (a) the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial; and (b) there would be no unfairness to the other party were such evidence to be received in the form of the record of an examination conducted by virtue of that subsection. (4) Any such record as is mentioned in paragraph (b) of subsection (3) above shall, without being sworn to by witnesses, be received in evidence in so far as it either accords with the averment mentioned in paragraph (a) of that subsection or can be so received without unfairness to either party. (5) Where any such record as is mentioned in paragraph (b) of subsection (3) above, or any part of such record, is not a document in writing, that record or part shall not be received in evidence under subsection (4) above unless it is accompanied by a transcript of its contents. (6) The procedure as regards the foregoing provisions of this section shall be prescribed by Act of Adjournal; and without prejudice to the generality of the power to make it, such an Act of Adjournal may provide for the appointment of a person before whom evidence may be taken for the purposes of this section. (7) In subsection (1) above, “appropriate time” means as regards— (a) solemn proceedings, any time before the oath is administered to the jury; (b) summary proceedings, any time before the first witness is sworn, or (but only in relation to an application under paragraph (b) of that subsection) any time during the course of the trial if the circumstances on which the application is based had not arisen, or would not have merited such application, within the period mentioned in paragraph (a) or, as the case may be, (b) of this subsection. (8) In subsection (3) and (4) above, “record” includes, in addition to a document in writing— (a) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (b) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom. (9) This section is without prejudice to any existing power at common law to adjourn a trial diet to the place where a witness is. (10) Sections— (a) 274; (b) 275; (c) 275B except subsection (2)(b); (d) 275C; and (e) 288C, of this Act apply in relation to proceedings in which a commissioner examines a witness under subsection (1)(b) above as they apply in relation to a trial. (11) In the application of those sections in relation to such proceedings— (a) the commissioner acting in the proceedings is to perform the functions of the court as provided for in those sections; (b) references— (i) in those sections, except section 275(3)(c) and (7)(c), to a trial or a trial diet; (ii) in those sections, except section 275(3)(e), to the court, shall be read accordingly; (c) the reference in section 275B(1) to 14 days shall be read as a reference to 7 days. (12) In a case where it falls to the court to appoint a commissioner for the purposes of subsection (1)(b) above, the commissioner shall be a person described in subsection (13) below. (13) The persons are— (a) where the proceedings before the commissioner are for the purposes of a trial in the High Court, a judge of the High Court; or (b) in any other case, a sheriff. (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

273 Television link evidence from abroad.

(1) In any criminal proceedings in the High Court or the sheriff court a person other than the accused may give evidence through a live television link if— (a) the witness is outside the United Kingdom; (b) an application under subsection (2) below for the issue of a letter of request has been granted; and (c) the court is satisfied as to the arrangements for the giving of evidence in that manner by that witness. (2) The prosecutor or the defence in any proceedings referred to in subsection (1) above may apply to a judge of the court in which the trial is to take place (or, if that court is not yet known, to a judge of the High Court) for the issue of a letter of request to— (a) a court or tribunal exercising jurisdiction in a country or territory outside the United Kingdom where a witness is ordinarily resident; or (b) any authority which the judge is satisfied is recognised by the government of that country or territory as the appropriate authority for receiving requests for assistance in facilitating the giving of evidence through a live television link, requesting assistance in facilitating the giving of evidence by that witness through a live television link. (3) An application under subsection (2) above shall be granted only if the judge is satisfied that— (a) the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial; and (b) the granting of the application — (i) is in the interests of justice; and (ii) in the case of an application by the prosecutor, is not unfair to the accused. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

273A Television link evidence from other parts of the United Kingdom

(1) In any criminal proceedings in the High Court or the sheriff court a person other than the accused may give evidence through a live television link if— (a) the witness is within the United Kingdom but outside Scotland, (b) an application under this section for the issue of a letter of request has been granted, and (c) the court is satisfied as to the arrangements for the giving of evidence in that manner by that witness. (2) The prosecutor or the defence in any proceedings referred to in subsection (1) may apply for the issue of a letter of request. (3) The application must be made to a judge of the court in which the trial is to take place or, if that court is not yet known, to a judge of the High Court. (4) The judge may, on an application under this section, issue a letter to a court or tribunal exercising jurisdiction in the place where the witness is ordinarily resident requesting assistance in facilitating the giving of evidence by that witness through a live television link, if the judge is satisfied of the matters set out in subsection (5). (5) Those matters are— (a) that the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial, (b) that the granting of the application— (i) is in the interests of justice, and (ii) in the case of an application by the prosecutor, is not unfair to the accused.

Propose a change

274 Restrictions on evidence relating to sexual offences.

(1) In the trial of a person charged with an offence to which section 288C of this Act applies, the court shall not admit, or allow questioning designed to elicit, evidence which shows or tends to show that the complainer— (a) is not of good character (whether in relation to sexual matters or otherwise); (b) has, at any time, engaged in sexual behaviour not forming part of the subject matter of the charge; (c) has, at any time (other than shortly before, at the same time as or shortly after the acts which form part of the subject matter of the charge), engaged in such behaviour, not being sexual behaviour, as might found the inference that the complainer— (i) is likely to have consented to those acts; or (ii) is not a credible or reliable witness; or (d) has, at any time, been subject to any such condition or predisposition as might found the inference referred to in sub-paragraph (c) above. (2) In subsection (1) above— “complainer” means the person against whom the offence referred to in that subsection is alleged to have been committed; and the reference to engaging in sexual behaviour includes a reference to undergoing or being made subject to any experience of a sexual nature.

Propose a change

275 Exceptions to restrictions under section 274.

(1) The court may, on application made to it, admit such evidence or allow such questioning as is referred to in subsection (1) of section 274 of this Act if satisfied that— (a) the evidence or questioning will relate only to a specific occurrence or occurrences of sexual or other behaviour or to specific facts demonstrating— (i) the complainer’s character; or (ii) any condition or predisposition to which the complainer is or has been subject; (b) that occurrence or those occurrences of behaviour or facts are relevant to establishing whether the accused is guilty of the offence with which he is charged; and (c) the probative value of the evidence sought to be admitted or elicited is significant and is likely to outweigh any risk of prejudice to the proper administration of justice arising from its being admitted or elicited. (2) In subsection (1) above— (a) the reference to an occurrence or occurrences of sexual behaviour includes a reference to undergoing or being made subject to any experience of a sexual nature; (b) “the proper administration of justice” includes— (i) appropriate protection of a complainer’s dignity and privacy; and (ii) ensuring that the facts and circumstances of which a jury is made aware are, in cases of offences to which section 288C of this Act applies, relevant to an issue which is to be put before the jury and commensurate to the importance of that issue to the jury’s verdict, and, in that subsection and in sub-paragraph (i) of paragraph (b) above, “complainer” has the same meaning as in section 274 of this Act. (3) An application for the purposes of subsection (1) above shall be in writing and shall set out— (a) the evidence sought to be admitted or elicited; (b) the nature of any questioning proposed; (c) the issues at the trial to which that evidence is considered to be relevant; (d) the reasons why that evidence is considered relevant to those issues; (e) the inferences which the applicant proposes to submit to the court that it should draw from that evidence; and (f) such other information as is of a kind specified for the purposes of this paragraph in Act of Adjournal. (4) The party making such an application shall, when making it, send a copy of it— (a) when that party is the prosecutor, to the accused; and (b) when that party is the accused, to the prosecutor and any co-accused. (5) The court may reach a decision under subsection (1) above without considering any evidence; but, where it takes evidence for the purposes of reaching that decision, it shall do so as if determining the admissibility of evidence. (6) The court shall state its reasons for its decision under subsection (1) above, and may make that decision subject to conditions which may include compliance with directions issued by it. (7) Where a court admits evidence or allows questioning under subsection (1) above, its decision to do so shall include a statement— (a) of what items of evidence it is admitting or lines of questioning it is allowing; (b) of the reasons for its conclusion that the evidence to be admitted or to be elicited by the questioning is admissible; (c) of the issues at the trial to which it considers that that evidence is relevant. (8) A condition under subsection (6) above may consist of a limitation on the extent to which evidence— (a) to be admitted; or (b) to be elicited by questioning to be allowed, may be argued to support a particular inference specified in the condition. (9) Where evidence is admitted or questioning allowed under this section, the court at any time may— (a) as it thinks fit; and (b) notwithstanding the terms of its decision under subsection (1) above or any condition under subsection (6) above, limit the extent of evidence to be admitted or questioning to be allowed.

Propose a change

275A Disclosure of accused’s previous convictions where court allows questioning or evidence under section 275

(1) Where, under section 275 of this Act, a court (or, in proceedings before a commissioner appointed under section 271I(1) or by virtue of section 272(1)(b) of this Act, a commissioner) on the application of the accused allows such questioning or admits such evidence as is referred to in section 274(1) of this Act, the prosecutor shall forthwith place before the presiding judge any previous relevant conviction of the accused. (2) Subject to subsection (2A) any conviction placed before the judge under subsection (1) above shall, unless the accused objects, be— (a) in proceedings on indictment, laid before the jury; (b) in summary proceedings, taken into consideration by the judge. (2A) Where the conviction is a relevant conviction by virtue of subsection (10)(aa)(ii), subsection (2) applies only if the judge considers it appropriate. (3) An extract of a conviction referred to in subsection (2) may not be laid before the jury or taken into consideration by the judge unless such an extract was appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) of this Act, which specified that conviction. (4) An objection under subsection (2) above may be made only on one or more of the following grounds— (a) where the conviction bears to be a relevant conviction by virtue only of paragraph (b) of subsection (10) below, that there was not a substantial sexual element present in the commission of the offence for which the accused has been convicted; (b) that the disclosure or, as the case may be, the taking into consideration of the conviction would be contrary to the interests of justice; (c) in proceedings on indictment, that the conviction does not apply to the accused or is otherwise inadmissible; (d) in summary proceedings, that the accused does not admit the conviction. (5) Where— (a) an objection is made on one or more of the grounds mentioned in paragraphs (b) to (d) of subsection (4) above; and (b) an extract of the conviction in respect of which the objection is made was not appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) above, which specified that conviction, the prosecutor may, notwithstanding subsection (3) above, place such an extract conviction before the judge. (6) In summary proceedings, the judge may, notwithstanding subsection (2)(b) above, take into consideration any extract placed before him under subsection (5) above for the purposes only of considering the objection in respect of which the extract is disclosed. (7) In entertaining an objection on the ground mentioned in paragraph (b) of subsection (4) above, the court shall, unless the contrary is shown, presume that the disclosure, or, as the case may be, the taking into consideration, of a conviction is in the interests of justice. (8) An objection on the ground mentioned in paragraph (c) of subsection (4) above shall not be entertained unless the accused has, under subsection (2) of section 69 of this Act, given intimation of the objection in accordance with subsection (3) of that section. (9) In entertaining an objection on the ground mentioned in paragraph (d) of subsection (4) above, the court shall require the prosecutor to withdraw the conviction or adduce evidence in proof thereof. (10) For the purposes of this section a “relevant conviction” is, subject to subsection (11) below— (a) a conviction for an offence to which section 288C of this Act applies by virtue of subsection (2) thereof; . . . (aa) a conviction by a court in— (i) England and Wales or Northern Ireland, or (ii) a member State of the European Union, of an offence that is equivalent to one to which section 288C of this Act applies by virtue of subsection (2) thereof, or (b) where a substantial sexual element was present in the commission of any other offence in respect of which the accused has previously been convicted, a conviction for that offence, which is specified in a notice served on the accused under section 69(2) or, as the case may be, 166(2) of this Act. (10A) Any issue of equivalence arising in pursuance of subsection (10)(aa) is for the court to determine. (11) A conviction for an offence other than an offence to which section 288C of this Act applies by virtue of subsection (2) thereof is not a relevant conviction for the purposes of this section unless an extract of that conviction containing information which indicates that a sexual element was present in the commission of the offence was appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) of this Act, which specified that conviction.

Propose a change

275B Provisions supplementary to sections 275 and 275A

(1) An application for the purposes of subsection (1) of section 275 of this Act shall not, unless on special cause shown, be considered by the court unless made (a) in the case of proceedings in the High Court, not less than 7 clear days before the preliminary hearing; or (b) in any other case, not less than 14 clear days before the trial diet. (2) Where— (a) such an application is considered; or (b) any objection under subsection (2) of section 275A of this Act is entertained, during the course of the trial, the court shall consider that application or, as the case may be, entertain that objection in the absence of the jury, the complainer, any person cited as a witness and the public.

Propose a change

275C Expert evidence as to subsequent behaviour of complainer in certain cases

(1) This section applies in the case of proceedings in respect of any— (a) offence to which section 288C of this Act applies, (b) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, (c) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. (2) Expert psychological or psychiatric evidence relating to any subsequent behaviour or statement of the complainer is admissible for the purpose of rebutting any inference adverse to the complainer’s credibility or reliability as a witness which might otherwise be drawn from the behaviour or statement. (3) In subsection (2) above— “complainer” means the person against whom the offence to which the proceedings relate is alleged to have been committed, “subsequent behaviour or statement” means any behaviour or statement subsequent to, and not forming part of the acts constituting, the offence to which the proceedings relate and which is not otherwise relevant to any fact in issue at the trial. (3A) Where the offence is as referred to in subsection (1)(b) above, the reference in the last definition in subsection (3) above to any behaviour or statement subsequent to the offence includes any behaviour or statement subsequent to a particular part of the course of behaviour of which the offence consists. (4) This section does not affect the admissibility of any evidence which is admissible otherwise than by virtue of this section.

Propose a change

276 Evidence of biological material.

(1) Evidence as to the characteristics and composition of any biological material deriving from human beings or animals shall, in any criminal proceedings, be admissible notwithstanding that neither the material nor a sample of it is lodged as a production. (2) A party wishing to lead such evidence as is referred to in subsection (1) above shall, where neither the material nor a sample of it is lodged as a production, make the material or a sample of it available for inspection by the other party unless the material constitutes a hazard to health or has been destroyed in the process of analysis.

Propose a change

277 Transcript of police interview sufficient evidence.

(1) Subject to subsection (2) below, for the purposes of any criminal proceedings, a document certified by the person who made it as an accurate transcript made for the prosecutor of the contents of a tape (identified by means of a label) purporting to be a recording of an interview between— (a) a police officer and an accused person; ... (b) a person commissioned, appointed or authorised under section 6(3) of the Customs and Excise Management Act 1979 and an accused person; or (c) a person authorised by the Scottish Environment Protection Agency under section 108 of the Environment Protection Act 1995 and an accused person. shall be received in evidence and be sufficient evidence of the making of the transcript and of its accuracy. (2) Subsection (1) above shall not apply to a transcript— (a) unless a copy of it has been served on the accused not less than 14 days before (i) in the case of proceedings in the High Court, the preliminary hearing; (ii) in any other case, his trial; or (b) if the accused, not less than (i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before his trial; or (in either case) by such later time before his trial as the court may in special circumstances allow, has served notice on the prosecutor that the accused challenges the making of the transcript or its accuracy. (3) A copy of the transcript or a notice under subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the transcript or notice, together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service. (4) Where subsection (1) above does not apply to a transcript, if the person who made the transcript is called as a witness his evidence shall be sufficient evidence of the making of the transcript and of its accuracy. (5) Subsection (1) is without prejudice to section 108(12) of the Environment Act 1995.

Propose a change

278 Record of proceedings at examination as evidence.

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

Propose a change

279 Evidence from documents.

Schedule 8 to this Act, which makes provision regarding the admissibility in criminal proceedings of copy documents and of evidence contained in business documents, shall have effect.

Propose a change

279A Evidence from certain official documents.

(1) Any letter, minute or other official document issuing from the office of or in the custody of any of the departments of state or government in the United Kingdom or any part of the Scottish Administration which— (a) is required to be produced in evidence in any prosecution; and (b) according to the rules and regulations applicable to such departments may competently be so produced, shall when so produced be prima facie evidence of the matters contained in it without being produced or sworn to by any witness. (2) A copy of any such document as is mentioned in subsection (1) above bearing to be certified by any person having authority to certify it shall be treated as equivalent to the original of that document and no proof of the signature of the person certifying the copy or of his authority to certify it shall be necessary. (3) Any order by any of the departments of state or government or the Scottish Parliament or any local authority or public body made under powers conferred by any statute or a print or a copy of such an order, shall when produced in a prosecution be received as evidence of the due making, confirmation, and existence of the order without being sworn to by any witness and without any further or other proof. (4) Subsection (3) above is without prejudice to any right competent to the accused to challenge any order such as is mentioned in that subsection as being ultra vires of the authority making it or on any other competent ground. (5) Where an order such as is mentioned in subsection (3) above is referred to in the indictment or, as the case may be, the complaint, it shall not be necessary to enter it in the record of the proceedings as a documentary production. (6) The provisions of this section are in addition to, and not in derogation of, any powers of proving documents conferred by statute or existing at common law.

Propose a change

280 Routine evidence.

(1) For the purposes of any proceedings for an offence under any of the enactments specified in column 1 of Schedule 9 to this Act, a certificate purporting to be signed by a person or persons specified in column 2 thereof, and certifying the matter specified in column 3 thereof shall, subject to subsection (6) below, be sufficient evidence of that matter and of the qualification or authority of that person or those persons. (2) The Secretary of State may by order— (a) amend or repeal the entry in Schedule 9 to this Act in respect of any enactment; or (b) insert in that Schedule an entry in respect of a further enactment. (3) An order under subsection (2) above may make such transitional, incidental or supplementary provision as the Secretary of State considers necessary or expedient in connection with the coming into force of the order. (3A) For the purposes of any criminal proceedings, a report purporting to be signed by a person authorised by the Scottish Environment Protection Agency for the purpose of this subsection is sufficient evidence of any fact or conclusion as to fact contained in the report and of the authority of the signatory. (4) For the purposes of any criminal proceedings, a report purporting to be signed by two authorised forensic scientists shall, subject to subsection (5) below, be sufficient evidence of any fact or conclusion as to fact contained in the report and of the authority of the signatories. (5) A forensic scientist is authorised for the purposes of subsection (4) above if— (a) he is authorised for those purposes by the Secretary of State; or (b) he— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) possesses such qualifications and experience as the Secretary of State may for the purposes of that subsection by order prescribe; and (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Subsections (1) , (3A) and (4) above shall not apply to a certificate or, as the case may be, report tendered on behalf of the prosecutor or the accused— (a) unless a copy has been served on the other party not less than fourteen days before (i) in the case of proceedings in the High Court, the preliminary hearing; (ii) in any other case, the trial; or (b) where the other party, not more than seven days after the date of service of the copy on him under paragraph (a) above or by such later time as the court may in special circumstances allow, has served notice on the first party that he challenges the matter, qualification or authority mentioned in subsection (1) above or as the case may be the fact, conclusion or authority mentioned in subsection (3A) or (4) above. (7) A copy of a certificate or, as the case may be, report required by subsection (6) above, to be served on the accused or the prosecutor or of a notice required by that subsection or by subsection (1) or (2) of section 281 of this Act to be served on the prosecutor shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served such certificate or notice, together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy. (8) Where, following service of a notice under subsection (6)(b) above, evidence is given in relation to a report referred to in subsection (4) above by both of the forensic scientists purporting to have signed the report, the evidence of those forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report. (9) At any trial of an offence it shall be presumed that the person who appears in answer to the complaint is the person charged by the police with the offence unless the contrary is alleged. (10) An order made under subsection (2) or (5)(b)(ii) above shall be made by statutory instrument. (11) No order shall be made under subsection (2) above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (12) A statutory instrument containing an order under subsection (5)(b)(ii) above shall be subject to annulment pursuant to a resolution of either House of Parliament.

Propose a change

281 Routine evidence: autopsy and forensic science reports.

(1) Where in a trial an autopsy report is lodged as a production by the prosecutor it shall be presumed that the body of the person identified in that report is the body of the deceased identified in the indictment or complaint, unless the accused not less than (i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before the trial; or (in either case) by such later time before the trial as the court may in special circumstances allow, gives notice that the contrary is alleged. (2) At the time of lodging an autopsy or forensic science report as a production the prosecutor may intimate to the accused that it is intended that only one of the pathologists or forensic scientists . . . purporting to have signed the report shall be called to give evidence in respect thereof; and , where such intimation is given, the evidence of one of those pathologists or forensic scientists shall be sufficient evidence of any fact or conclusion as to fact contained in the report and of the qualifications of the signatories, unless the accused, not less than (i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before the trial; or (in either case) by such later time before the trial as the court may in special circumstances allow, serves notice on the prosecutor that he requires the attendance at the trial of the other pathologist or forensic scientist also. (3) Where, following service of a notice by the accused under subsection (2) above, evidence is given in relation to an autopsy or forensic science report by both of the pathologists or forensic scientists purporting to have signed the report, the evidence of those pathologists or forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report.

Propose a change

281A Routine evidence: reports of identification prior to trial

(1) Where in a trial the prosecutor lodges as a production a report naming— (a) a person identified in an identification parade or other identification procedure by a witness, and (b) that witness, it shall be presumed, subject to subsection (2) below, that the person named in the report as having been identified by the witness is the person of the same name who appears in answer to the indictment or complaint. (2) That presumption shall not apply— (a) unless the prosecutor has, by the required time, served on the accused a copy of the report and a notice that he intends to rely on the presumption, or (b) if the accused— (i) not more than 7 days after the date of service of the copy of the report, or (ii) by such later time as the court may in special circumstances allow, has served notice on the prosecutor that he intends to challenge the facts stated in the report. (3) In subsection (2)(a) above, “the required time” means— (a) in the case of proceedings in the High Court— (i) not less than 14 clear days before the preliminary hearing; or (ii) such later time, being not less than 14 clear days before the trial, as the court may, in special circumstances, allow; (b) in any other case, not less than 14 clear days before the trial.

Propose a change

282 Evidence as to controlled drugs and medicinal products.

(1) For the purposes of any criminal proceedings, evidence given by an authorised forensic scientist, either orally or in a report purporting to be signed by him, that a substance which satisfies either of the conditions specified in subsection (2) below is— (a) a particular controlled drug or medicinal product; or (b) a particular product which is listed in the British Pharmacopoeia as containing a particular controlled drug or medicinal product, shall, subject to subsection (3) below, be sufficient evidence of that fact notwithstanding that no analysis of the substance has been carried out. (2) Those conditions are— (a) that the substance is in a sealed container bearing a label identifying the contents of the container; or (b) that the substance has a characteristic appearance having regard to its size, shape, colour and manufacturer’s mark. (3) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the relevant diet, serve on the other party (“the second party”)— (a) a notice to that effect; and (b) where the evidence is contained in a report, a copy of the report, and if the second party serves on the first party, not more than seven days after the date of service of the notice on him, a notice that he does not accept the evidence as to the identity of the substance, subsection (1) above shall not apply in relation to that evidence. (3A) In subsection (3) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet. (4) A notice or copy report served in accordance with subsection (3) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the notice or copy together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service. (5) In this section— “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971; and “medicinal product” has the same meaning as in the Medicines Act 1968.

Propose a change

283 Evidence as to time and place of video surveillance recordings.

(1) For the purposes of any criminal proceedings, a certificate purporting to be signed by a person responsible for the operation of a video surveillance system and certifying— (a) the location of the camera; (b) the nature and extent of the person’s responsibility for the system; and (c) that visual images (and any sounds) recorded on a particular device are images (and sounds), recorded by the system, of (or relating to) events which occurred at a place specified in the certificate at a time and date so specified, shall, subject to subsection (2) below, be sufficient evidence of the matters contained in the certificate. (2) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the relevant diet, serve on the other party (“the second party”) a copy of the certificate and, if the second party serves on the first party, not more than seven days after the date of service of the copy certificate on him, a notice that he does not accept the evidence contained in the certificate, subsection (1) above shall not apply in relation to that evidence. (2A) In subsection (2) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet. (3) A copy certificate or notice served in accordance with subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy or notice together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service. (4) In this section, “video surveillance system” means apparatus consisting of a camera mounted in a fixed position and associated equipment for transmitting and recording visual images of events occurring in any place (and includes associated equipment for transmitting and recording sounds relating to such events).

Propose a change

284 Evidence in relation to fingerprints.

(1) For the purpose of any criminal proceedings, a certificate purporting to be signed by a person authorised in that behalf by a chief constable and certifying that relevant physical data (within the meaning of section 18(7A) of this Act) was taken from or provided by a person designated in the certificate at a time , date and place specified therein shall, subject to subsetion (2) below, be sufficient evidence of the facts contained in the certificate. (2) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the relevant diet, serve on any other party to the proceedings a copy of the certificate, and , if that other party serves on the first party, not more than seven days after the date of service of the copy on him, a notice that he does not accept the evidence contained in the certificate, subsection (1) above shall not apply in relation to that evidence. (2A) Where the first party does not serve a copy of the certificate on any other party as mentioned in subsection (2) above, he shall not be entitled to rely on subsection (1) above as respects that party. (2B) In subsection (2) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet. (3) A copy certificate or notice served in accordance with subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy or notice together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service.

Propose a change

← Find another law