Criminal Justice (Scotland) Act 1980

Part I — Police Powers

Suspect or potential witness may be required by constable to identify himself

1

Detention and questioning at police station

2

Right to have someone informed when arrested or detained

3

Search for offensive weapons

4

Constable may take drunken person to designated place

5

Part II — Procedure and Evidence

Procedure

Judicial examination

6

Jurisdiction of district courts

7

Trial on indictment of summary offences

8

Citation of defence witness for precognition

9

Identification parades

10

Discharge and assignation of diets in summary procedure

11

Abolition of mandatory first diet in solemn procedure

12

Written notice of evidence incriminating co-accused in solemn procedure

13

Prevention of delay in trials

14

Intermediate diet in summary procedure

15

Procedure where accused desires to plead guilty under solemn procedure

16

Failure of accused to attend diet in summary procedure

17

Desertion of trial diet

18

No case to answer

19

Correction of entries

20

Trial may proceed in accused's absence if he misconducts himself

21

Restrictions on report of proceedings involving person under 16

22

Peremptory challenge of jurors

23

Seclusion of jury after retiral

24

Interpretation of 1975 Act

25

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Evidence

Routine evidence

26

Parties may examine each other's witnesses etc.

27

Co-accused competent witness for defence

28

Spouse to be competent witness

29

Additional evidence and evidence in replication

30

Offences in connection with lights, reflectors, obstruction, etc., to be provable by one witness

31

Evidence by letter of request or on commission

32

Appeals

Solemn appeals

33

Summary appeals

34

Prosecution appeal by bill of advocation

35

Appeals from decisions on competency and relevancy in summary proceedings

36

Lord Advocate's reference

37

Miscellaneous

Summary trial of wilful fire-raising

38

Procedure and evidence in trials for treason

39

Part III — Penalties

Previous conviction deemed to be admitted

40

Restriction on passing sentence of imprisonment or detention on person not legally represented

41

Restriction on passing sentence of imprisonment on person not previously so dealt with

42

Punishment for murder

43

Detention and release on licence of children convicted on indictment

44

Detention of young offenders

45

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In the 1975 Act, sections 204 and 414 (Borstal training) and sections 209 and 418 (detention in detention centre) shall cease to have effect.

• (4) Without prejudice to any specific amendment made by this Act, in Scotland a reference in any enactment to which this subsection applies—

• (a) to a Borstal institution, shall be construed as a reference to a young offenders institution; and

• (b) to a period of training in a Borstal institution, shall be construed as a reference to a period of detention in a young offenders institution.

• (5) The enactments to which subsection (4) above applies are—

• (a) any Act passed before, or during the same session as, this Act; and

• (b) any subordinate legislation made before the commencement of this Act;

and in this subsection

Increase of certain penalties and other sums

46

Application to solemn procedure of summary procedure provisions relating to fines

47

Enforcement of High Court fine by sheriff

48

Power to remit fines

49

Maximum period of imprisonment for non-payment of fine in summary proceedings

50

Execution in different parts of United Kingdom of warrants for imprisonment for non payment of fine

51

After section 38 of the Criminal Law Act 1977 there shall be inserted the following section—

(38A) (1) Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested— (a) in England and Wales, by any constable acting within his police area ; (b) in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve ; and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest. (2) Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable appointed for a police area, in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine. (3) A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested ; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom. (4) An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851. (5) In this section— “fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution ; “imprisonment” includes,in the case of a person who is under the age of 21 years, detention ; “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland ; “prison” means— (i) in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution ; and (ii) in the case of a person under that age arrested in Northern Ireland, a young offenders centre ; and “sum adjudged to be paid by a conviction”has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964. (6) This section shall not apply to the arrest of persons under the age of 17 years.

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Recovery of fine or caution by civil diligence

52

Availability of probation after deferred sentence

53

Dealing with person who commits further offence while sentence is deferred

54

Disqualification and endorsement where orders for probation or for absolute discharge are made

55

Penalties for drunkenness

56

• (1) In section 70 of the Licensing (Scotland) Act 1903 (penalties for drunkenness, etc.)—

• (a) in the first paragraph of subsection (1) for the words from “and may be taken” to the end of that paragraph there shall be substituted the words “ and shall be liable on summary conviction to a fine not exceeding £50 ”;

• (b) in the second paragraph of that subsection for the words from “forty” to the end of that paragraph there shall be substituted the words “ £50 ” ;

• (c) after that subsection there shall be inserted the following subsection—

(1A) A constable may arrest without warrant any person who he has reasonable grounds for suspecting is committing an offence under subsection (1) above.

; and

• (d) in subsection (2) for the words from “forty” to the end of the first sentence there shall be substituted the words “ £50 ”.

• (2) Section 382 of the Burgh Police (Scotland) Act 1892 shall cease to have effect.

Penalty for second conviction of assault on constable

57

In section 41(1)(ii) of the Police (Scotland) Act 1967 (assaults on constables, etc.), at the end there shall be added the words “ or to a fine not exceeding the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975, or to both. ”.

Part IV — Compensation by Offenders

Compensation order against convicted person

58

• (1) Subject to subsection (3) below, where a person is convicted of an offence the court, instead of or in addition to dealing with him in any other way, may make an order (in this Act referred to as “a compensation order”) requiring him to pay compensation for any personal injury, loss or damage caused (whether directly or indirectly) by the acts which constituted the offence:

• (a) where, under section 182 of the 1975 Act, it makes an order discharging him absolutely;

• (b) where, under section 183 of that Act, it makes a probation order; or

• (c) at the same time as, under section 219 or 432 of that Act, it defers sentence.

• (2) Where, in the case of an offence involving the dishonest appropriation, or the unlawful taking and using, of property or a contravention of section 175(1) of the Road Traffic Act 1972 (taking motor vehicle without authority etc.) the property is recovered, but has been damaged while out of the owner’s possession, that damage (however and by whomsoever it was in fact caused) shall be treated for the purposes of subsection (1) above as having been caused by the acts which constituted the offence.

• (3) No compensation order shall be made in respect of—

• (a) loss suffered in consequence of the death of any person; or

• (b) injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated, by virtue of subsection (2) above, as having been caused by the convicted person’s acts.

Amount of compensation order

59

• (1) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such order, the court shall take into consideration his means so far as known to the court:

• (2) In solemn proceedings there shall be no limit on the amount which may be awarded under a compensation order.

• (3) In summary proceedings—

• (a) a sheriff, or a stipendiary magistrate appointed under section 5 of the District Courts (Scotland) Act 1975, shall have power to make a compensation order awarding in respect of each offence an amount not exceeding the prescribed sum (within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975);

• (b) a judge of a district court (other than such stipendiary magistrate) shall have power to make a compensation order awarding in respect of each offence an amount not exceeding level 4 on the standard scale.

Payment under compensation order

60

• (1) Payment of any amount under a compensation order shall be made to the clerk of the court who shall account for the amount to the person entitled thereto.

• (2) Only the court shall have power to enforce a compensation order.

Guidance as to whether compensation order or fine should be preferred

61

Where a court considers that in respect of an offence it would be appropriate to impose a fine and to make a compensation order but the convicted person has insufficient means to pay both an appropriate fine and an appropriate amount in compensation the court should prefer a compensation order.

Precedence of compensation order over fine

62

Where a convicted person has both been fined and had a compensation order made against him in respect of the same offence or different offences in the same proceedings, a payment by the convicted person shall first be applied in satisfaction of the compensation order.

Appeal as regards compensation order

63

• (1) For the purposes of any appeal or review, a compensation order is a sentence.

• (2) Where a compensation order has been made against a person, a payment made to the court in respect of the order shall be retained until the determination of any appeal in relation to the order.

Review of compensation order

64

Without prejudice to the power contained in section 395A of the 1975 Act, (as applied by section 66 of this Act), at any time before a compensation order has been complied with or fully complied with—

• (a) in a case where, as respects the compensation order, a transfer of fine order under section 403 of the 1975 Act (as applied by the said section 66) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or

• (b) in any other case, the court which made the compensation order or (where that court was the High Court) by which the order was first enforceable,

may, on the application of the person against whom the compensation order was made, discharge the compensation order, or reduce the amount that remains to be paid, if it appears to the court either that the injury, loss or damage in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the compensation order or that property the loss of which is reflected in the compensation order has been recovered.

Acts of adjournal

65

The High Court’s power to make Acts of Adjournal under sections 282 and 457 of the 1975 Act shall include power to make rules with regard to any of the provisions of this Part of this Act, including rules relating to the award and payment, by compensation orders, of sums to persons under any legal disability.

Application of provisions relating to fines to enforcement of compensation orders

66

• (1) The provisions of the 1975 Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and sections 91 of the Magistrates’ Courts Act 1980 and 104B of the Magistrates’ Courts Act (Northern Ireland) 1964 shall be construed accordingly.

• (2) The provisions mentioned in subsection (1) above are—

• section 194 (application to solemn procedure of summary procedure provisions relating to fines);

• section 196 (fines etc., may be enforced in other district);

• section 395(2) to (7) (application of money found on offender);

• section 395A (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section;

• section 396 (time for payment) with the omission of the words from “unless” to “its decision” in subsection (4) and of subsection (5) of that section;

• section 397 (further time for payment);

• section 398 (reasons for default);

• section 399 (payment by instalments);

• section 400 (supervision pending payment of fine);

• section 401 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings;

• section 402 (fines etc., may be enforced in another district);

• section 403 (transfer of fine orders);

• section 404 (action of clerk of court on transfer of fine order);

• section 406 (substitution of custody for imprisonment where child defaults on fine);

• section 407(1)(b), (1A), (1B), (1D), (2) and (4) (maximum period of imprisonment for non-payment of fine):

• Provided that—

• (a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but notvice versa; and

• (b) where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of the said subsection (1A), be aggregated;

• section 408 (discharge from imprisonment to be specified);

• section 409 (payment of fine in part by prisoner);

• section 411 (recovery by civil diligence); and

• Schedule 7 (application of sums paid as part of fine under section 409).

Effect of compensation order on subsequent award of damages in civil proceedings

67

• (1) This section shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined.

• (2) The damages in the civil proceedings shall be assessed without regard to the order or award; but where the whole or part of the amount awarded by the order or award has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order or award.

• (3) Where the whole or part of the amount awarded by the order or award remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order or award was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment—

• (a) if it is for an amount not exceeding the amount unpaid under the order or award, shall not be enforced; or

• (b) if it is for an amount exceeding the amount unpaid under the order or award, shall not be enforced except to the extent that it exceeds the amount unpaid,

without the leave of the court.

• (4) In this section a “service compensation order or award” means—

• (a) an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

• (b) an award of stoppages payable by way of compensation under any of those Acts.