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Criminal Procedure (Scotland) Act 1995 (c. 46)

(The document as of February, 2008)

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Criminal Procedure (Scotland) Act 1995 (c. 46)

1995 CHAPTER 46

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Criminal Courts

    1. Jurisdiction and Powers

      1. The High Court

        1. 1. Judges in the High Court.

        2. 2. Fixing of High Court sittings.

      2. Solemn courts: general

        1. 3. Jurisdiction and powers of solemn courts.

      3. The sheriff

        1. 4. Territorial jurisdiction of sheriff.

        2. 5. The sheriff: summary jurisdiction and powers.

      4. District courts

        1. 6. District courts: area, constitution and prosecutor.

        2. 7. District court: jurisdiction and powers.

      5. Sittings of sheriff and district courts

        1. 8. Sittings of sheriff and district courts.

      6. Territorial jurisdiction: general

        1. 9. Boundaries of jurisdiction.

        2. 10. Crimes committed in different districts.

        3. 11. Certain offences committed outside Scotland.

  2. Part II

    Police Functions

    1. Lord Advocate's instructions

      1. 12. Instructions by Lord Advocate as to reporting of offences.

    2. Detention and questioning

      1. 13. Powers relating to suspects and potential witnesses.

      2. 14. Detention and questioning at police station.

      3. 15. Rights of person arrested or detained.

      4. 16. Drunken persons: power to take to designated place.

    3. Arrest: access to solicitor

      1. 17. Right of accused to have access to solicitor.

    4. Prints and samples

      1. 18. Prints, samples etc. in criminal investigations.

      2. 19. Prints, samples etc. in criminal investigations: supplementary provisions.

      3. 20. Use of prints, samples etc.

    5. Schedule 1 offences

      1. 21. Schedule 1 offences: power of constable to take offender into custody.

    6. Police liberation

      1. 22. Liberation by police.

  3. Part III

    Bail

    1. 23. Bail applications.

    2. 24. Bail and bail conditions.

    3. 25. Bail conditions: supplementary.

    4. 26. Bail: circumstances where not available.

    5. 27. Breach of bail conditions: offences.

    6. 28. Breach of bail conditions: arrest of offender, etc.

    7. 29. Bail: monetary conditions.

    8. 30. Bail review.

    9. 31. Bail review on prosecutor's application.

    10. 32. Bail appeal.

    11. 33. Bail: no fees exigible.

  4. Part IV

    Petition Procedure

    1. Warrants

      1. 34. Petition for warrant.

    2. Judicial examination

      1. 35. Judicial examination.

      2. 36. Judicial examination: questioning by prosecutor.

      3. 37. Judicial examination: record of proceedings.

      4. 38. Judicial examination: rectification of record of proceedings.

      5. 39. Judicial examination: charges arising in different districts.

    3. Committal

      1. 40. Committal until liberated in due course of law.

  5. Part V

    Children and Young Persons

    1. 41. Age of criminal responsibility.

    2. 42. Prosecution of children.

    3. 43. Arrangements where children arrested.

    4. 44. Detention of children.

    5. 45. Security for child's good behaviour.

    6. 46. Presumption and determination of age of child.

    7. 47. Restriction on report of proceedings involving children.

    8. 48. Power to refer certain children to reporter.

    9. 49. Reference or remit to children's hearing.

    10. 50. Children and certain proceedings.

    11. 51. Remand and committal of children and young persons.

  6. Part VI

    Mental Disorder

    1. Committal of mentally disordered persons

      1. 52. Power of court to commit to hospital an accused suffering from mental disorder.

    2. Interim hospital orders

      1. 53. Interim hospital orders.

    3. Insanity in bar of trial

      1. 54. Insanity in bar of trial.

    4. Examination of facts

      1. 55. Examination of facts.

      2. 56. Examination of facts: supplementary provisions.

    5. Disposal in case of insanity

      1. 57. Disposal of case where accused found to be insane.

    6. Hospital orders and guardianship

      1. 58. Order for hospital admission or guardianship.

      2. 59. Hospital orders: restrictions on discharge.

      3. 60. Appeals against hospital orders.

    7. Medical evidence

      1. 61. Requirements as to medical evidence.

    8. Appeals under Part VI

      1. 62. Appeal by accused in case involving insanity.

      2. 63. Appeal by prosecutor in case involving insanity.

  7. Part VII

    Solemn Proceedings

    1. The indictment

      1. 64. Prosecution on indictment.

      2. 65. Prevention of delay in trials.

      3. 66. Service and lodging of indictment, etc.

      4. 67. Witnesses.

      5. 68. Productions.

      6. 69. Notice of previous convictions.

      7. 70. Proceedings against bodies corporate.

    2. Pre-trial proceedings

      1. 71. First diet.

      2. 72. Preliminary diet: notice.

      3. 73. Preliminary diet: procedure.

      4. 74. Appeals in connection with preliminary diets.

      5. 75. Computation of certain periods.

    3. Plea of guilty

      1. 76. Procedure where accused desires to plead guilty.

      2. 77. Plea of guilty.

    4. Notice by accused

      1. 78. Special defences, incrimination and notice of witnesses, etc.

      2. 79. Preliminary pleas.

    5. Alteration, etc, of diet

      1. 80. Alteration and postponement of trial diet.

      2. 81. Procedure where trial does not take place.

      3. 82. Desertion or postponement where accused in custody.

      4. 83. Transfer of sheriff court solemn proceedings.

    6. Jurors for sittings

      1. 84. Juries: returns of jurors and preparation of lists.

      2. 85. Juries: citation and attendance of jurors.

      3. 86. Jurors: excusal and objections.

    7. Non-availability of judge

      1. 87. Non-availability of judge.

    8. Jury for trial

      1. 88. Plea of not guilty, balloting and swearing of jury, etc.

      2. 89. Jury to be informed of special defence.

      3. 90. Death or illness of jurors.

    9. Trial

      1. 91. Trial to be continuous.

      2. 92. Trial in presence of accused.

      3. 93. Record of trial.

      4. 94. Transcripts of record and documentary productions.

      5. 95. Verdict by judge alone.

      6. 96. Amendment of indictment.

      7. 97. No case to answer.

      8. 98. Defence to speak last.

      9. Part VIII

        Appeals from Solemn Proceedings

        1. 103. Appeal sittings.

        2. 104. Power of High Court in appeals.

        3. 105. Appeal against refusal of application.

        4. 106. Right of appeal.

        5. 107. Leave to appeal.

        6. 108. Lord Advocate's appeal against sentence.

        7. 109. Intimation of intention to appeal.

        8. 110. Note of appeal.

        9. 111. Provisions supplementary to sections 109 and 110.

        10. 112. Admission of appellant to bail.

        11. 113. Judge's report.

        12. 114. Applications made orally or in writing.

        13. 115. Presentation of appeal in writing.

        14. 116. Abandonment of appeal.

        15. 117. Presence of appellant or applicant at hearing.

        16. 118. Disposal of appeals.

        17. 119. Provision where High Court authorises new prosecution.

        18. 120. Appeals: supplementary provisions.

        19. 121. Suspension of disqualification, forfeiture, etc.

        20. 122. Fines and caution.

        21. 123. Lord Advocate's reference.

        22. 124. Finality of proceedings and Secretary of State's reference.

        23. 125. Reckoning of time spent pending appeal.

        24. 126. Extract convictions.

        25. 127. Forms in relation to appeals.

        26. 128. Fees and expenses.

        27. 129. Non-compliance with certain provisions may be waived.

        28. 130. Bill of suspension not competent.

        29. 131. Prosecution appeal by bill of advocation.

        30. 132. Interpretation of Part VIII.

      10. Part IX

        Summary Proceedings

        1. General

          1. 133. Application of Part IX of Act.

          2. 134. Incidental applications.

          3. 135. Warrants of apprehension and search.

          4. 136. Time limit for certain offences.

          5. 137. Alteration of diets.

        2. Complaints

          1. 138. Complaints.

          2. 139. Complaints: orders and warrants.

        3. Citation

          1. 140. Citation.

          2. 141. Manner of citation.

        4. Children

          1. 142. Summary proceedings against children.

        5. Companies

          1. 143. Prosecution of companies, etc.

        6. First diet

          1. 144. Procedure at first diet.

          2. 145. Adjournment for inquiry at first calling.

          3. 146. Plea of not guilty.

        7. Pre-trial procedure

          1. 147. Prevention of delay in trials.

          2. 148. Intermediate diet.

          3. 149. Alibi.

        8. Failure of accused to appear

          1. 150. Failure of accused to appear.

        9. Non-availability of judge

          1. 151. Death, illness or absence of judge.

        10. Trial diet

          1. 152. Desertion of diet.

          2. 153. Trial in presence of accused.

          3. 154. Proof of official documents.

          4. 155. Punishment of witness for contempt.

          5. 156. Apprehension of witness.

          6. 157. Record of proceedings.

          7. 158. Interruption of summary proceedings for verdict in earlier trial.

          8. 159. Amendment of complaint.

          9. 160. No case to answer.

          10. 161. Defence to speak last.

        11. Verdict and conviction

          1. 162. Judges equally divided.

          2. 163. Conviction: miscellaneous provisions.

          3. 164. Conviction of part of charge.

          4. 165. "Conviction" and "sentence" not to be used for children.

          5. 166. Previous convictions: summary proceedings

          6. 167. Forms of finding and sentence.

          7. 168. Caution.

          8. 169. Detention in precincts of court.

        12. Miscellaneous

          1. Part X

            Appeals from Summary Proceedings

            1. General

              1. 173. Quorum of High Court in relation to appeals.

              2. 174. Appeals relating to preliminary pleas.

              3. 175. Right of appeal.

            2. Stated case

              1. 176. Stated case: manner and time of appeal.

              2. 177. Procedure where appellant in custody.

              3. 178. Stated case: preparation of draft.

              4. 179. Stated case: adjustment and signature.

              5. 180. Leave to appeal against conviction etc.

              6. 181. Stated case: directions by High Court.

              7. 182. Stated case: hearing of appeal.

              8. 183. Stated case: disposal of appeal.

              9. 184. Abandonment of appeal.

            3. New prosecution

              1. 185. Authorisation of new prosecution.

            4. Appeals against sentence

              1. 186. Appeals against sentence only.

              2. 187. Leave to appeal against sentence.

            5. Disposal of appeals

              1. 188. Setting aside conviction or sentence: prosecutor's consent or application.

              2. 189. Disposal of appeal against sentence.

              3. 190. Disposal of appeal where appellant insane.

            6. Miscellaneous

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

              2. 192. Appeals: miscellaneous provisions.

              3. 193. Suspension of disqualification, forfeiture etc.

              4. 194. Computation of time.

          2. Part XI

            Sentencing

            1. General

              1. 195. Remit to High Court for sentence.

              2. 196. Sentence following guilty plea.

              3. 197. Sentencing guidelines.

              4. 198. Form of sentence.

              5. 199. Power to mitigate penalties.

            2. Pre-sentencing procedure

              1. 200. Remand for inquiry into physical or mental condition.

              2. 201. Power of court to adjourn case before sentence.

              3. 202. Deferred sentence.

              4. 203. Reports.

            3. Imprisonment, etc.

              1. 204. Restrictions on passing sentence of imprisonment or detention.

              2. 205. Punishment for murder.

              3. 206. Minimum periods of imprisonment.

              4. 207. Detention of young offenders.

              5. 208. Detention of children convicted on indictment.

              6. 209. Supervised release orders.

              7. 210. Consideration of time spent in custody.

            4. Fines

              1. 211. Fines.

              2. 212. Fines in summary proceedings.

              3. 213. Remission of fines.

              4. 214. Fines: time for payment and payment by instalments.

              5. 215. Application for further time to pay fine.

              6. 216. Fines: restriction on imprisonment for default.

              7. 217. Fines: supervision pending payment.

              8. 218. Fines: supplementary provisions as to payment.

              9. 219. Fines: periods of imprisonment for non-payment.

              10. 220. Fines: part payment by prisoners.

              11. 221. Fines: recovery by civil diligence.

              12. 222. Transfer of fine orders.

              13. 223. Transfer of fines: procedure for clerk of court.

              14. 224. Discharge from imprisonment to be specified.

              15. 225. Penalties: standard scale, prescribed sum and uprating.

              16. 226. Penalties: exceptionally high maximum fines.

            5. Caution

              1. 227. Caution.

            6. Probation

              1. 228. Probation orders.

              2. 229. Probation orders: additional requirements.

              3. 230. Pro time to pay fine.

            7. Community service by offenders

              1. 238. Community service orders.

              2. 239. Community service orders: requirements.

              3. 240. Community service orders: amendment and revocation etc.

              4. 241. Community service order: commission of offence while order in force.

              5. 242. Community service orders: persons residing in England and Wales.

              6. 243. Community service orders: persons residing in Northern Ireland.

              7. 244. Community service orders: general provisions relating to persons living in England and Wales or Northern Ireland.

              8. 245. Community service orders: rules, annual report and interpretation.

            8. Admonition and absolute discharge

              1. 246. Admonition and absolute discharge.

              2. 247. Effect of probation and absolute discharge.

            9. Disqualification

              1. 248. Disqualification where vehicle used to commit offence.

            10. Compensation

              1. 249. Compensation order against convicted person.

              2. 250. Compensation orders: supplementary provisions.

              3. 251. Review of compensation order.

              4. 252. Enforcement of compensation orders: application of provisions relating to fines.

              5. 253. Effect of compensation order on subsequent award of damages in civil proceedings.

            11. Forfeiture

              1. 254. Search warrant for forfeited articles.

          3. Part XII

            Evidence

            1. Special capacity

              1. 255. Special capacity.

            2. Agreed evidence

              1. 256. Agreements and admissions as to evidence.

              2. 257. Duty to seek agreement of evidence.

              3. 258. Uncontroversial evidence.

            3. Hearsay

              1. 259. Exceptions to the rule that hearsay evidence is inadmissible.

              2. 260. Admissibility of prior statements of witnesses.

              3. 261. Statements by accused.

              4. 262. Construction of sections 259 to 261.

            4. Witnesses

              1. 263. Examination of witnesses.

              2. 264. Spouse of accused a competent witness.

              3. 265. Witnesses not excluded for conviction, interest, relationship, etc.

              4. 266. Accused as witness.

              5. 267. Witnesses in court during trial.

            5. Additional evidence, etc.

              1. 268. Additional evidence.

              2. 269. Evidence in replication.

              3. 270. Evidence of criminal record and character of accused.

            6. Evidence of children

              1. 271. Evidence of children: special provisions.

            7. Evidence on commission and from abroad

              1. 272. Evidence by letter of request or on commission.

              2. 273. Television link evidence from abroad.

            8. Evidence relating to sexual offences

              1. 274. Restrictions on evidence relating to sexual offences.

              2. 275. Exceptions to restrictions under section 274.

            9. Biological material

              1. 276. Evidence of biological material.

            10. Transcripts and records

              1. 277. Transcript of police interview sufficient evidence.

              2. 278. Record of proceedings at examination as evidence.

            11. Documentary evidence

              1. 279. Evidence from documents.

            12. Routine evidence

              1. 280. Routine evidence.

              2. 281. Routine evidence: autopsy and forensic science reports.

            13. Sufficient evidence

              1. 282. Evidence as to controlled drugs and medicinal products.

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

              3. 284. Evidence i

          4. Part XIII

            Miscellaneous

            1. Lord Advocate

              1. 287. Demission of office by Lord Advocate.

              2. 288. Intimation of proceedings in High Court to Lord Advocate.

            2. Treason trials

              1. 289. Procedure and evidence in trials for treason.

            3. Certain rights of accused

              1. 290. Accused's right to request identification parade.

              2. 291. Precognition on oath of defence witnesses.

            4. Mode of trial

              1. 292. Mode of trial of certain offences.

            5. Art and part and attempt

              1. 293. Statutory offences: art and part and aiding and abetting.

              2. 294. Attempt at crime.

            6. Legal custody

              1. 295. Legal custody.

            7. Warrants

              1. 296. Warrants for search and apprehension to be signed by judge.

              2. 297. Execution of warrants and service of complaints, etc.

            8. Trial judge's report

              1. 298. Trial judge's report.

            9. Correction of entries

              1. 299. Correction of entries.

              2. 300. Amendment of records of conviction and sentence in summary proceedings.

            10. Rights of audience

              1. 301. Rights of audience.

            11. Fixed penalties

              1. 302. Fixed penalty: conditional offer by procurator fiscal.

              2. 303. Fixed penalty: enforcement.

          5. Part XIV

            General

            1. 304. Criminal Courts Rules Council.

            2. 305. Acts of Adjournal.

            3. 306. Information for financial and other purposes.

            4. 307. Interpretation.

            5. 308. Construction of enactments referring to detention etc.

            6. 309. Short title, commencement and extent.

          6. SCHEDULES:

            1. Schedule 1

              Offences Against Children Under the Age of 17 Years to which Special Provisions Apply.

            2. Schedule 2

              Examples of Indictments.

            3. Schedule 3

              Indictments and Complaints.

            4. Schedule 4

              Supervision and Treatment Orders.

              1. Part I

                Preliminary.

              2. Part II

                Making and Effect of Orders.

              3. Part III

                Revocation and Amendment of Orders.

            5. Schedule 5

              Forms of Complaint and Charges.

            6. Schedule 6

              Discharge of and Amendment to Probation Orders.

            7. Schedule 7

              Supervised Attendance Orders: Further Provisions.

            8. Schedule 8

              Documentary Evidence in Criminal Proceedings.

            9. Schedule 9

              Certificates as to Proof of Certain Routine Matters.

            10. Schedule 10

              Certain Offences Triable only Summarily.

An Act to consolidate certain enactments relating to criminal procedure in Scotland.

[8th November 1995]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Criminal Courts

Jurisdiction and Powers

The High Court

1 Judges in the High Court

(1) The Lord President of the Court of Session shall be the Lord Justice General and shall perform his duties as the presiding judge of the High Court.

(2) Every person who is appointed to the office of one of the Senators of the College of Justice in Scotland shall, by virtue of such appointment, be a Lord Commissioner of Justiciary in Scotland.

(3) If any difference arises as to the rotation of judges in the High Court, it shall be determined by the Lord Justice General, whom failing by the Lord Justice Clerk.

(4) Any Lord Commissioner of Justiciary may preside alone at the trial of an accused before the High Court.

(5) Without prejudice to subsection (4) above, in any trial of difficulty or importance it shall be competent for two or more judges in the High Court to preside for the whole or any part of the trial.

2 Fixing of High Court sittings

(1) The High Court shall sit at such times and places as the Lord Justice General, whom failing the Lord Justice Clerk, may, after consultation with the Lord Advocate, determine.

(2) Without prejudice to subsection (1) above, the High Court shall hold such additional sittings as the Lord Advocate may require.

(3) Where an accused has been cited to attend a sitting of the High Court, the prosecutor may, at any time before the commencement of his trial, apply to the Court to transfer the case to another sitting of the High Court; and a single judge of the High Court may--

(a) after giving the accused or his counsel an opportunity to be heard; or

(b) on the joint application of all parties,

make an order for the transfer of the case.

(4) Where no cases have been indicted for a sitting of the High Court or if it is no longer expedient that a sitting should take place, it shall not be necessary for the sitting to take place.

(5) If any case remains indicted for a sitting which does not take place in pursuance of subsection (4) above, subsection (3) above shall apply in relation to the transfer of any other such case to another sitting.



Solemn courts: general

3 Jurisdiction and powers of solemn courts

(1) The jurisdiction and powers of all courts of solemn jurisdiction, except so far as altered or modified by any enactment passed after the commencement of this Act, shall remain as at the commencement of this Act.

(2) Any crime or offence which is triable on indictment may be tried by the High Court sitting at any place in Scotland.

(3) The sheriff shall, without prejudice to any other or wider power conferred by statute, not be entitled, on the conviction on indictment of an accused, to pass a sentence of imprisonment for a term exceeding three years.

(4) Subject to subsection (5) below, where under any enactment passed or made before 1st January 1988 (the date of commencement of section 58 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987) an offence is punishable on conviction on indictment by imprisonment for a term exceeding two years but the enactment either expressly or impliedly restricts the power of the sheriff to impose a sentence of imprisonment for a term exceeding two years, it shall be competent for the sheriff to impose a sentence of imprisonment for a term exceeding two but not exceeding three years.

(5) Nothing in subsection (4) above shall authorise the imposition by the sheriff of a sentence in excess of the sentence specified by the enactment as the maximum sentence which may be imposed on conviction of the offence.

(6) Subject to any express exclusion contained in any enactment, it shall be lawful to indict in the sheriff court all crimes except murder, treason, rape and breach of duty by magistrates.



The sheriff

4 Territorial jurisdiction of sheriff

(1) Subject to the provisions of this section, the jurisdiction of the sheriffs, within their respective sheriffdoms shall extend to and include all navigable rivers, ports, harbours, creeks, shores and anchoring grounds in or adjoining such sheriffdoms and includes all criminal maritime causes and proceedings (including those applying to persons furth of Scotland) provided that the accused is, by virtue of any enactment or rule of law, subject to the jurisdiction of the sheriff before whom the case or proceeding is raised.

(2) Where an offence is alleged to have been committed in one district in a sheriffdom, it shall be competent to try that offence in a sheriff court in any other district in that sheriffdom.

(3) It shall not be competent for the sheriff to try any crime committed on the seas which it would not be competent for him to try if the crime had been committed on land.

(4) The sheriff shall have a concurrent jurisdiction with every other court of summary jurisdiction in relation to all offences competent for trial in such courts.

5 The sheriff: summary jurisdiction and powers

(1) The sheriff, sitting as a court of summary jurisdiction, shall continue to have all the jurisdiction and powers exercisable by him at the commencement of this Act.

(2) The sheriff shall, without prejudice to any other or wider powers conferred by statute, have power on convicting any person of a common law offence--

(a) to impose a fine not exceeding the prescribed sum;

(b) to ordain the accused to find caution for good behaviour for any period not exceeding 12 months to an amount not exceeding the prescribed sum either in lieu of or in addition to a fine or in addition to imprisonment;

(c) failing payment of such fine, or on failure to find such caution, to award imprisonment in accordance with section 219 of this Act;

(d) to impose imprisonment, for any period not exceeding three months.

(3) Where a person is convicted by the sheriff of--

(a) a second or subsequent offence inferring dishonest appropriation of property, or attempt thereat; or

(b) a second or subsequent offence inferring personal violence,

he may, without prejudice to any wider powers conferred by statute, be sentenced to imprisonment for any period not exceeding six months.

(4) It shall be competent to prosecute summarily in the sheriff court the following offences--

(a) uttering a forged document;

(b) wilful fire-raising;

(c) robbery; and

(d) assault with intent to rob.



District courts

6 District courts: area, constitution and prosecutor

(1) Each commission area shall be the district of a district court, and the places at which a district court sits and, subject to section 8 of this Act, the days and times when it sits at any given place, shall be determined by the local authority; and in determining where and when a district court should sit, the local authority shall have regard to the desirability of minimising the expense and inconvenience occasioned to those directly involved, whether as parties or witnesses, in the proceedings before the court.

(2) The jurisdiction and powers of the district court shall be exercisable by a stipendiary magistrate or by one or more justices, and no decision of the court shall be questioned on the ground that it was not constituted as required by this subsection unless objection was taken on that ground by or on behalf of a party to the proceedings not later than the time when the proceedings or the alleged irregularity began.

(3) All prosecutions in a commission area shall proceed at the instance of the procurator fiscal.

(4) The procurator fiscal for an area which includes a commission area shall have all the powers and privileges conferred on a district prosecutor by section 6 of the [1975 c. 20.] District Courts (Scotland) Act 1975.

(5) The prosecutions authorised by the said Act of 1975 under complaint by the procurator fiscal shall be without prejudice to complaints at the instance of any other person entitled to make the same.

(6) In this section--

  • "commission area" means the area of a local authority;

  • "justice" means a justice of the peace appointed or deemed to have been appointed under section 9 of the said Act of 1975; and

  • "local authority" means a council constituted under section 2 of the [1994 c. 39.] Local Government (Scotland) Act 1994.

7 District court: jurisdiction and powers

(1) A district court shall continue to have all the jurisdiction and powers exercisable by it at the commencement of this Act.

(2) Where several offences, which if committed in one commission area could be tried under one complaint, are alleged to have been committed in different commission areas, proceedings may be taken for all or any of those offences under one complaint before the district court of any one of such commission areas, and any such offence may be dealt with, heard, tried, determined, adjudged and punished as if the offence had been wholly committed within the jurisdiction of that court.

(3) Except in so far as any enactment (including this Act or an enactment passed after this Act) otherwise provides, it shall be competent for a district court to try any statutory offence which is triable summarily.

(4) It shall be competent, whether or not the accused has been previously convicted of an offence inferring dishonest appropriation of property, for any of the following offences to be tried in the district court--

(a) theft or reset of theft;

(b) falsehood, fraud or wilful imposition;

(c) breach of trust or embezzlement,

where (in any such case) the amount concerned does not exceed level 4 on the standard scale.

(5) A district court when constituted by a stipendiary magistrate shall, in addition to the jurisdiction and powers mentioned in subsection (1) above, have the summary criminal jurisdiction and powers of a sheriff.

(6) The district court shall, without prejudice to any other or wider powers conferred by statute, be entitled on convicting of a common law offence--

(a) to impose imprisonment for any period not exceeding 60 days;

(b) to impose a fine not exceeding level 4 on the standard scale;

(c) to ordain the accused (in lieu of or in addition to such imprisonment or fine) to find caution for good behaviour for any period not exceeding six months and to an amount not exceeding level 4 on the standard scale;

(d) failing payment of such fine or on failure to find such caution, to award imprisonment in accordance with section 219 of this Act,

but in no case shall the total period of imprisonment imposed in pursuance of this subsection exceed 60 days.

(7) Without prejudice to any other or wider power conferred by any enactment, it shall not be competent for a district court, as respects any statutory offence--

(a) to impose a sentence of imprisonment for a period exceeding 60 days;

(b) to impose a fine of an amount exceeding level 4 on the standard scale; or

(c) to ordain an accused person to find caution for any period exceeding six months or to an amount exceeding level 4 on the standard scale.

(8) The district court shall not have jurisdiction to try or to pronounce sentence in the case of any person--

(a) found within its jurisdiction, and brought before it accused or suspected of having committed any offence at any place beyond its jurisdiction; or

(b) brought before it accused or suspected of having committed within its jurisdiction any of the following offences--

(i) murder, culpable homicide, robbery, rape, wilful fire-raising, or attempted wilful fire-raising;

(ii) theft by housebreaking, or housebreaking with intent to steal;

(iii) theft or reset, falsehood fraud or wilful imposition, breach of trust or embezzlement, where the value of the property is an amount exceeding level 4 on the standard scale;

(iv) assault causing the fracture of a limb, assault with intent to ravish, assault to the danger of life, or assault by stabbing;

(v) uttering forged documents or uttering forged bank or banker's notes, or offences under the Acts relating to coinage.

(9) Without prejudice to subsection (8) above, where either in the preliminary investigation or in the course of the trial of any offence it appears that the offence is one which--

(a) cannot competently be tried in the court before which an accused is brought; or

(b) in the opinion of the court in view of the circumstances of the case, should be dealt with by a higher court,

the court may take cognizance of the offence and commit the accused to prison for examination for any period not exceeding four days.

(10) Where an accused is committed as mentioned in subsection (9) above, the prosecutor in the court which commits the accused shall forthwith give notice of the committal to the procurator fiscal of the district within which the offence was committed or to such other official as is entitled to take cognizance of the offence in order that the accused may be dealt with according to law.



Sittings of sheriff and district courts

8 Sittings of sheriff and district courts

(1) Notwithstanding any enactment or rule of law, a sheriff court or a district court--

(a) shall not be required to sit on any Saturday or Sunday or on a day which by virtue of subsection (2) or (3) below is a court holiday; but

(b) may sit on any day for the disposal of criminal business.

(2) A sheriff principal may in an order made under section 17(1)(b) of the [1978 c. 58.] Sheriff Courts (Scotland) Act 1971 prescribe in respect of criminal business not more than 10 days, other than Saturdays and Sundays, in a calendar year as court holidays in the sheriff courts within his jurisdiction; and may in the like manner prescribe as an additional court holiday any day which has been proclaimed, under section 1(3) of the [1971 c. 80.] Banking and Financial Dealings Act 1971, to be a bank holiday either throughout the United Kingdom or in a place or locality in the United Kingdom within his jurisdiction.

(3) Notwithstanding section 6(1) of this Act, a sheriff principal may, after consultation with the appropriate local authority, prescribe not more than 10 days, other than Saturdays and Sundays, in a calendar year as court holidays in the district courts within his jurisdiction; and he may, after such consultation, prescribe as an additional holiday any day which has been proclaimed, under section 1(3) of the said Banking and Financial Dealings Act 1971, to be a bank holiday either throughout the United Kingdom or in a place or locality in the United Kingdom within his jurisdiction.

(4) A sheriff principal may in pursuance of subsection (2) or (3) above prescribe different days as court holidays in relation to different sheriff or district courts.



Territorial jurisdiction: general

9 Boundaries of jurisdiction

(1) Where an offence is committed in any harbour, river, arm of the sea or other water (tidal or otherwise) which runs between or forms the boundary of the jurisdiction of two or more courts, the offence may be tried by any one of such courts.

(2) Where an offence is committed on the boundary of the jurisdiction of two or more courts, or within the distance of 500 metres of any such boundary, or partly within the jurisdiction of one court and partly within the jurisdiction of another court or courts, the offence may be tried by any one of such courts.

(3) Where an offence is committed against any person or in respect of any property in or on any carriage, cart or vehicle employed in a journey by road or railway, or on board any vessel employed in a river, loch, canal or inland navigation, the offence may be tried by any court through whose jurisdiction the carriage, cart, vehicle or vessel passed in the course of the journey or voyage during which the offence was committed.

(4) Where several offences, which if committed in one sheriff court district could be tried under one indictment or complaint, are alleged to have been committed by any person in different sheriff court districts, the accused may be tried for all or any of those offences under one indictment or complaint before the sheriff of any one of such sheriff court districts.

(5) Where an offence is authorised by this section to be tried by any court, it may be dealt with, heard, tried, determined, adjudged and punished as if the offence had been committed wholly within the jurisdiction of such court.

10 Crimes committed in different districts

(1) Where a person is alleged to have committed in more than one sheriff court district a crime or crimes to which subsection (2) below applies, he may be indicted to the sheriff court of such one of those districts as the Lord Advocate determines.

(2) This subsection applies to--

(a) a crime committed partly in one sheriff court district and partly in another;

(b) crimes connected with each other but committed in different sheriff court districts;

(c) crimes committed in different sheriff court districts in succession which, if they had been committed in one such district, could have been tried under one indictment.

(3) Where, in pursuance of subsection (1) above, a case is tried in the sheriff court of any sheriff court district, the procurator fiscal of that district shall have power to prosecute in that case even if the crime was in whole or in part committed in a different district, and the procurator fiscal shall have the like powers in relation to such case, whether before, during or after the trial, as he has in relation to a case arising out of a crime or crimes committed wholly within his own district.

11 Certain offences committed outside Scotland

(1) Any British citizen or British subject who in a country outside the United Kingdom does any act or makes any omission which if done or made in Scotland would constitute the crime of murder or of culpable homicide shall be guilty of the same crime and subject to the same punishment as if the act or omission had been done or made in Scotland.

(2) Any British citizen or British subject employed in the service of the Crown who, in a foreign country, when acting or purporting to act in the course of his employment, does any act or makes any omission which if done or made in Scotland would constitute an offence punishable on indictment shall be guilty of the same offence and subject to the same punishment, as if the act or omission had been done or made in Scotland.

(3) A person may be proceeded against, indicted, tried and punished for an offence to which this section applies--

(a) in any sheriff court district in Scotland in which he is apprehended or is in custody; or

(b) in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that district.

(4) Any person who--

(a) has in his possession in Scotland property which he has stolen in any other part of the United Kingdom; or

(b) in Scotland receives property stolen in any other part of the United Kingdom,

may be dealt with, indicted, tried and punished in Scotland in like manner as if he had stolen it in Scotland.



PART II Police Functions

Lord Advocate's instructions

12 Instructions by Lord Advocate as to reporting of offences

The Lord Advocate may, from time to time, issue instructions to a chief constable with regard to the reporting, for consideration of the question of prosecution, of offences alleged to have been committed within the area of such chief constable, and it shall be the duty of a chief constable to whom any such instruction is issued to secure compliance therewith.



Detention and questioning

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13 Powers relating to suspects and potential witnesses

(1) Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence at any place, he may require--

(a) that person, if the constable finds him at that place or at any place where the constable is entitled to be, to give his name and address and may ask him for an explanation of the circumstances which have given rise to the constable's suspicion;

(b) any other person whom the constable finds at that place or at any place where the constable is entitled to be and who the constable believes has information relating to the offence, to give his name and address.

(2) The constable may require the person mentioned in paragraph (a) of subsection (1) above to remain with him while he (either or both)--

(a) subject to subsection (3) below, verifies any name and address given by the person;

(b) notes any explanation proffered by the person.

(3) The constable shall exercise his power under paragraph (a) of subsection (2) above only where it appears to him that such verification can be obtained quickly.

(4) A constable may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with him.

(5) A constable shall inform a person, when making a requirement of that person under--

(a) paragraph (a) of subsection (1) above, of his suspicion and of the general nature of the offence which he suspects that the person has committed or is committing;

(b) paragraph (b) of subsection (1) above, of his suspicion, of the general nature of the offence which he suspects has been or is being committed and that the reason for the requirement is that he believes the person has information relating to the offence;

(c) subsection (2) above, why the person is being required to remain with him;

(d) either of the said subsections, that failure to comply with the requirement may constitute an offence.

(6) A person mentioned in--

(a) paragraph (a) of subsection (1) above who having been required--

(i) under that subsection to give his name and address; or

(ii) under subsection (2) above to remain with a constable,

fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale;

(b) paragraph (b) of the said subsection (1) who having been required under that subsection to give his name and address fails, without reasonable excuse, to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) A constable may arrest without warrant any person who he has reasonable grounds for suspecting has committed an offence under subsection (6) above.

14 Detention and questioning at police station

(1) Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence punishable by imprisonment, the constable may, for the purpose of facilitating the carrying out of investigations--

(a) into the offence; and

(b) as to whether criminal proceedings should be instigated against the person,

detain that person and take him as quickly as is reasonably practicable to a police station or other premises and may thereafter for that purpose take him to any other place and, subject to the following provisions of this section, the detention may continue at the police station or, as the case may be, the other premises or place.

(2) Detention under subsection (1) above shall be terminated not more than six hours after it begins or (if earlier)--

(a) when the person is arrested;

(b) when he is detained in pursuance of any other enactment; or

(c) where there are no longer such grounds as are mentioned in the said subsection (1),

and when a person has been detained under subsection (1) above, he shall be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.

(3) Where a person has been released at the termination of a period of detention under subsection (1) above he shall not thereafter be detained, under that subsection, on the same grounds or on any grounds arising out of the same circumstances.

(4) Subject to subsection (5) below, where a person has previously been detained in pursuance of any other enactment, and is detained under subsection (1) above on the same grounds or on grounds arising from the same circumstances as those which led to his earlier detention, the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention.

(5) Subsection (4) above shall not apply in relation to detention under section 41(3) of the [1989 c. 45.] Prisons (Scotland) Act 1989 (detention in relation to introduction etc. into prison of prohibited article), but where a person was detained under section 41(3) immediately prior to his detention under subsection (1) above the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention.

(6) At the time when a constable detains a person under subsection (1) above, he shall inform the person of his suspicion, of the general nature of the offence which he suspects has been or is being committed and of the reason for the detention; and there shall be recorded--

(a) the place where detention begins and the police station or other premises to which the person is taken;

(b) any other place to which the person is, during the detention, thereafter taken;

(c) the general nature of the suspected offence;

(d) the time when detention under subsection (1) above begins and the time of the person's arrival at the police station or other premises;

(e) the time when the person is informed of his rights in terms of subsection (9) below and of subsection (1)(b) of section 15 of this Act and the identity of the constable so informing him;

(f) where the person requests such intimation to be sent as is specified in section 15(1)(b) of this Act, the time when such request is--

(i) made;

(ii) complied with; and

(g) the time of the person's release from detention or, where instead of being released he is arrested in respect of the alleged offence, the time of such arrest.

(7) Where a person is detained under subsection (1) above, a constable may--

(a) without prejudice to any relevant rule of law as regards the admissibility in evidence of any answer given, put questions to him in relation to the suspected offence;

(b) exercise the same powers of search as are available following an arrest.

(8) A constable may use reasonable force in exercising any power conferred by subsection (1), or by paragraph (b) of subsection (7), above.

(9) A person detained under subsection (1) above shall be under no obligation to answer any question other than to give his name and address, and a constable shall so inform him both on so detaining him and on arrival at the police station or other premises.

15 Rights of person arrested or detained

(1) Without prejudice to section 17 of this Act, a person who, not being a person in respect of whose custody or detention subsection (4) below applies--

(a) has been arrested and is in custody in a police station or other premises, shall be entitled to have intimation of his custody and of the place where he is being held sent to a person reasonably named by him;

(b) is being detained under section 14 of this Act and has been taken to a police station or other premises or place, shall be entitled to have intimation of his detention and of the police station or other premises or place sent to a solicitor and to one other person reasonably named by him,

without delay or, where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, with no more delay than is so necessary.

(2) A person shall be informed of his entitlement under subsection (1) above--

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