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Criminal Justice (Scotland) Act 1995

Current text a fecha 1995-09-26

PART I — The Course of Justice

Bail

Bail conditions.

1

For subsection (2) of section 1 of the Bail etc. (Scotland) Act 1980 (release on bail subject to conditions) there shall be substituted the following subsections—

(2) In granting bail the court or, as the case may be, the Lord Advocate shall impose on the accused— (a) the standard conditions; and (b) such further conditions as the court or, as the case may be, the Lord Advocate considers necessary to secure— (i) that the standard conditions are observed; and (ii) that the accused makes himself available for the purpose of participating in an identification parade or of enabling any print, impression or sample to be taken from him. (2A) The standard conditions referred to in subsection (2) above are conditions that the accused— (a) appears at the appointed time at every diet relating to the offence with which he is charged of which he is given due notice; (b) does not commit an offence while on bail; (c) does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person; and (d) makes himself available for the purpose of enabling enquiries or a report to be made to assist the court in dealing with him for the offence with which he is charged.

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Breach of bail conditions.

2

(2A) Where, and to the extent that, the failure referred to in subsection (1)(b) above consists in the accused having committed an offence while on bail (in this section referred to as “the subsequent offence”), he shall not be guilty of an offence under that subsection but, subject to subsection (2B) below, the court which sentences him for the subsequent offence shall, in determining the appropriate sentence or disposal for that offence, have regard to— (a) the fact that the offence was committed by him while on bail and the number of bail orders to which he was subject when the offence was committed; (b) any previous conviction of the accused of an offence under subsection (1)(b) above; and (c) the extent to which the sentence or disposal in respect of any previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection. (2B) The court shall not, under subsection (2A) above, have regard to the fact that the subsequent offence was committed while the accused was on bail unless that fact is libelled in the indictment or, as the case may be, specified in the complaint. (2C) Where the maximum penalty in respect of the subsequent offence is specified by or by virtue of any enactment, that maximum penalty shall, for the purposes of the court’s determination, by virtue of subsection (2A) above, of the appropriate sentence or disposal in respect of that offence, be increased— (a) where it is a fine, by the amount for the time being equivalent to level 3 on the standard scale; and (b) where it is a period of imprisonment— (i) as respects a conviction in the High Court or the sheriff court, by 6 months; and (ii) as respects a conviction in the district court, by 60 days, notwithstanding that the maximum penalty as so increased exceeds the penalty which it would otherwise be competent for the court to impose. (2D) Where the sentence or disposal in respect of the subsequent offence is, by virtue of subsection (2A) above, different from that which the court would have imposed but for that subsection, the court shall state the extent of and the reasons for that difference.

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No bail in homicide or rape proceedings after previous conviction of such offences.

3

After section 28 of the Criminal Procedure (Scotland) Act 1975 (in this Act referred to as “the 1975 Act”) there shall be inserted the following section—

(28A) (1) Notwithstanding sections 26 to 33 and 238 of this Act, a person who in any proceedings has been charged with or convicted of— (a) attempted murder; (b) culpable homicide; (c) rape; or (d) attempted rape, in circumstances where this section applies shall not be granted bail in those proceedings. (2) This section applies where— (a) the person has previously been convicted by or before a court in any part of the United Kingdom of any offence specified in subsection (1) above or of murder or manslaughter; and (b) in the case of a previous conviction of culpable homicide or of manslaughter— (i) he was sentenced to imprisonment or, if he was then a child or young person, to detention under any of the relevant enactments; (ii) a hospital order was imposed in respect of him; (iii) an order having the same effect as a hospital order was made in respect of him under section 174ZC(2)(a) of this Act; or (iv) an order having equivalent effect to an order referred to in sub-paragraph (ii) or (iii) above has been made in respect of him by a court in England and Wales. (3) This section applies whether or not an appeal is pending against conviction or sentence or both. (4) In this section— - “conviction” includes— (a) a finding that a person is not guilty by reason of insanity; (b) a finding under section 174ZA(2) of this Act; (c) a finding under section 4A(3) of the Criminal Procedure (Insanity) Act 1964 (cases of unfitness to plead) that a person did the act or made the omission charged against him; and (d) a conviction of an offence for which an order is made placing the offender on probation or discharging him absolutely or conditionally; and “convicted” shall be construed accordingly; and - “the relevant enactments” means— (a) as respects Scotland, sections 205 and 206 of this Act; (b) as respects England and Wales, section 53(2) of the Children and Young Persons Act 1933; and (c) as respects Northern Ireland, section 73(2) of the Children and Young Persons Act (Northern Ireland) 1968.

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Right of prosecutor to seek review of grant of bail.

4

After each of sections 30 and 299 of the 1975 Act there shall be inserted the following section as, respectively, section 30A and section 299A—

(0) (1) On an application by the prosecutor at any time after a court has granted bail to a person the court may, where the prosecutor puts before the court material information which was not available to it when it granted bail to that person, review its decision. (2) On receipt of an application under subsection (1) above the court shall— (a) intimate the application to the person granted bail; (b) fix a diet for hearing the application and cite that person to attend the diet; and (c) where it considers that the interests of justice so require, grant warrant to arrest that person. (3) On hearing an application under subsection (1) above the court may— (a) withdraw the grant of bail and remand the person in question in custody; or (b) grant bail, or continue the grant of bail, either on the same or on different conditions. (4) Nothing in the foregoing provisions of this section shall affect any right of appeal against the decision of a court in relation to bail.

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Bail pending appeal.

5

(1A) The High Court shall not admit a convicted person to bail under subsection (1) above unless— (a) where he is the appellant and has not lodged a note of appeal in accordance with section 233(1)(a) of this Act, the application for bail states reasons why it should be granted and sets out the proposed grounds of appeal; or (b) where the Lord Advocate is the appellant, the application for bail states reasons why it should be granted; and, in either case, the High Court considers there to be exceptional circumstances justifying admitting the convicted person to bail.

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Juries

Lists of potential jurors.

6

In section 3 of the Jurors (Scotland) Act 1825 (sheriff principal to maintain lists of potential jurors)—

(2) For the purpose of maintaining lists of potential jurors under subsection (1) above, a sheriff principal may require any person in the sheriff court district in question who appears to him to be qualified and liable to serve as a juror to provide such information, and in such form, as the Secretary of State may by order prescribe. (3) A statutory instrument containing an order by virtue of subsection (2) above shall be subject to annulment pursuant to a resolution of either House of Parliament. (4) Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale. (5) In proceedings against a person for an offence under subsection (4) above it is a defence to prove that he had reasonable excuse for the failure.

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Jury service.

7

(5A) Where the clerk of court has, under subsection (5) above, excused a person from jury service in any criminal proceedings he shall, unless he considers there to be exceptional circumstances which make it inappropriate to do so, within one year of the date of that excusal cite that person to attend for jury service in criminal proceedings.

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(c) in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom.

; and

In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.

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Challenges to jurors.

8

In section 130 of the 1975 Act (challenges and objections to jurors)—

(3A) Where, before a juror is sworn to serve, the parties jointly apply for him to be excused the court shall, notwithstanding that no reason is given in the application, excuse that juror from service.

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Pre-trial procedure

Execution of warrants granted by sheriff, etc.

9

For each of sections 15 and 327 of the 1975 Act (certain warrants granted by sheriff may be executed throughout Scotland), there shall be substituted the following section—

(0) Any warrant granted by a justice may, without being backed or endorsed by any other justice, be executed throughout Scotland in the same way as it may be executed within the jurisdiction of the justice who granted it.

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Judicial examination.

10

(3A) The accused shall be told by the sheriff that if he answers any question put to him at the examination under this section in such a way as to disclose an ostensible defence, the prosecutor shall be under the duty imposed by subsection (7) below.

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(7) Without prejudice to any rule of law, on the conclusion of an examination under this section the prosecutor shall secure the investigation, to such extent as is reasonably practicable, of any ostensible defence disclosed in the course of the examination. (8) The duty imposed by subsection (7) above shall not apply as respects any ostensible defence which is not reasonably capable of being investigated.

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Requirement to give notice of defence of automatism or coercion.

11

After subsection (1) of section 82 of the 1975 Act (requirement to give notice of plea of special defence, etc.) there shall be inserted the following subsection—

(1A) Subsection (1) above shall apply to a defence of automatism or coercion as if it were a special defence.

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Agreement of evidence.

12

(84A) (1) Subject to subsection (2) below, the prosecutor and the accused (or each accused if more than one) shall each identify any facts which are facts— (a) which he would, apart from this section, be seeking to prove; (b) which he considers unlikely to be disputed by the other party (or by any of the other parties); and (c) in proof of which he does not wish to lead oral evidence, and shall (without prejudice to section 16 of the Criminal Justice (Scotland) Act 1995 (procedure for proving uncontroversial evidence)) take all reasonable steps to secure the agreement of the other party (or each of the other parties) to them; and the other party (or each of the other parties) shall take all reasonable steps to reach such agreement. (2) Subsection (1) above shall not apply in relation to proceedings as respects which the accused (or any of the accused if more than one) is not legally represented. (3) The duty under subsection (1) above applies from the date of service of the indictment until the swearing of the jury or, where intimation is given under section 102 of this Act, the date of that intimation.

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(333B) (1) Subject to subsection (2) below, the prosecutor and the accused (or each accused if more than one) shall each identify any facts which are facts— (a) which he would, apart from this section, be seeking to prove; (b) which he considers unlikely to be disputed by the other party (or by any of the other parties); and (c) in proof of which he does not wish to lead oral evidence, and shall (without prejudice to section 16 of the Criminal Justice (Scotland) Act 1995 (procedure for proving uncontroversial evidence)) take all reasonable steps to secure the agreement of the other party (or each of the other parties) to them; and the other party (or each of the other parties) shall take all reasonable steps to reach such agreement. (2) Subsection (1) above shall not apply in relation to proceedings as respects which the accused (or any of the accused if more than one) is not legally represented. (3) The duty under subsection (1) above applies from the date on which the accused pleads not guilty until the swearing of the first witness or, where the accused tenders a plea of guilty at any time before the first witness is sworn, the date when he does so.

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First and preliminary diets in solemn proceedings.

13

(a) where the case is to be tried in the sheriff court, a first diet not less than 15 clear days after the service of the indictment and not less than 10 clear days before the trial diet; and (b)

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(75A) (1) At a first diet the court shall, so far as is reasonably practicable, ascertain whether the case is likely to proceed to trial on the date assigned as the trial diet and, in particular— (a) the state of preparation of the prosecutor and of the accused with respect to their cases; and (b) the extent to which the prosecutor and the accused have complied with the duty under section 84A(1) of this Act. (2) In addition to the matters mentioned in subsection (1) above the court shall, at a first diet, consider any matter mentioned in subsection (3) below of which a party has, not less than two clear days before the first diet, given notice to the court and to the other parties. (3) The matters referred to in subsection (2) above are— (a) that the party intends to raise a matter relating to the competency or relevancy of the indictment or to raise an objection such as is mentioned in section 108(1) of this Act; (b) that he intends to submit a plea in bar of trial or to apply for separation or conjunction of charges or trials or to raise a preliminary objection under section 67 of this Act or to make an application under section 151(2) of this Act; (c) that there are documents the truth of the contents of which ought in his view to be admitted, or that there is any other matter which in his view ought to be agreed; and (d) that there is some other matter which could in his opinion be resolved with advantage before the trial. (4) At a first diet the court may ask the prosecutor and the accused any question in connection with any matter which it is required to ascertain or consider under subsection (1) or (2) above. (5) The accused shall attend a first diet of which he has been given notice and the court may, if he fails to do so, grant a warrant to apprehend him. (6) A first diet may proceed notwithstanding the absence of the accused. (7) The accused shall, at the first diet, be required to state how he pleads to the indictment, and section 103 of this Act shall apply where he tenders a plea of guilty. (8) Where at a first diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court— (a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and (b) may fix a further first diet. (9) Subject to subsection (8) above, the court may, if it considers it appropriate to do so, adjourn a first diet. (10) In this section “the court” means the sheriff court.

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(6A) At a preliminary diet the court shall, in addition to disposing of any matter specified in a notice given under subsection (1) above or referred to in subsection (3) above, ascertain, so far as is reasonably practicable, whether the case is likely to proceed to trial on the date assigned as the trial diet and, in particular— (a) the state of preparation of the prosecutor and of the accused with respect to their cases; and (b) the extent to which the prosecutor and the accused have complied with the duty under section 84A(1) of this Act. (6B) At a preliminary diet the court may ask the prosecutor and the accused any question in connection with any matter specified in a notice under subsection (1) above or referred to in subsection (3) above or which it is required to ascertain under subsection (6A) above. (6C) Where at a preliminary diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court— (a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and (b) may fix a further preliminary diet. (6D) Subject to subsection (6C) above, the court may, if it considers it appropriate to do so, adjourn a preliminary diet.

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Intermediate diet in summary proceedings.

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; and (c) the extent to which the prosecutor and the accused have complied with the duty under section 333B(1) of this Act.

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(1A) Where at an intermediate diet the court concludes that the case is unlikely to proceed to trial on the date assigned for the trial diet, the court— (a) shall, unless having regard to previous proceedings in the case it considers it inappropriate to do so, postpone the trial diet; and (b) may fix a further intermediate diet. (1B) Subject to subsection (1A) above, the court may, if it considers it appropriate to do so, adjourn an intermediate diet.

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unless— (a) he is legally represented; and (b) the court considers that there are exceptional circumstances justifying him not attending. (4) The foregoing provisions of this section shall have effect as respects any court prescribed by the Secretary of State by order, in relation to proceedings commenced after such date as may be so prescribed, with the following modifications— (a) in subsection (1), for the word “may” there shall be substituted “shall, subject to subsection (1C) below,”; and (b) after subsection (1B) there shall be inserted the following subsections— (1C) If, on a joint application by the prosecutor and the accused made at any time before the commencement of the intermediate diet, the court considers it inappropriate to have such a diet, the duty under subsection (1) above shall not apply and the court shall discharge any such diet already fixed. (1D) The court may consider an application under subsection (1C) above without hearing the parties. (5) An order under subsection (5) above shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Delay in trial

Calculation of specified period where accused detained outside Scotland.

15

In section 101 of the 1975 Act (prevention of delay in trials), after subsection (1) there shall be inserted the following subsection—

(1A) In calculating the period of 12 months specified in subsection (1) above there shall be left out of account any period during which the accused is detained, other than while serving a sentence of imprisonment or detention, in any other part of the United Kingdom or in any of the Channel Islands or the Isle of Man in any prison or other institution or place mentioned in subsection (1) or (1A) of section 29 of the Criminal Justice Act 1961 (transfer of prisoners for certain judicial purposes).

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Evidence

Uncontroversial evidence.

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and shall, not less than 14 days before the trial diet, serve a copy of the statement and any such document on every other party.

direct that the presumptions in those subsections shall not apply in relation to such fact specified or referred to in the statement as is specified in the direction.

Exceptions to the rule that hearsay evidence is inadmissible.

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and in the application of this paragraph to a child, the reference to a witness refusing to take the oath or affirmation or, as the case may be, to having been sworn shall be construed as a reference to a child who has refused to accept an admonition to tell the truth or, having been so admonished, refuses to give evidence as mentioned above.

for the purpose of securing that the person who made the statement does not give evidence for the purposes of the proceedings either at all or in connection with the subject matter of the statement.

to every other party to the proceedings and, for the purposes of this subsection, such evidence may be led notwithstanding that a witness or production concerned is not included in any list lodged by the parties and that the notice required by sections 81 and 82(2) of the 1975 Act has not been given.

Admissibility of prior statements of witnesses.

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and, for the purposes of this section, any such statement shall not be admissible unless it is sufficiently authenticated.

Statements by accused.

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

20

Evidence of biological material.

21

Routine evidence.

22

(1A) The Secretary of State may by order— (a) amend or repeal the entry in Schedule 1 to this Act in respect of any enactment; or (b) insert in that Schedule an entry in respect of a further enactment. (1B) An order under subsection (1A) 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.

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(2A) A forensic scientist is authorised for the purposes of subsection (2) above if— (a) he is authorised for those purposes by the Secretary of State; or (b) he— (i) is a constable or is employed by a police authority under section 9 of the Police (Scotland) Act 1967; (ii) possesses such qualifications and experience as the Secretary of State may for the purposes of that subsection by order prescribe; and (iii) is authorised for those purposes by the chief constable of the police force maintained for the police area of that authority.

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(4A) Where, following service of a notice under subsection (3)(b) above, evidence is given in relation to a report referred to in subsection (2) 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.

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(7A) Where, following service of a notice by the accused under subsection (7) 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. (7B) An order made under subsection (1A) or (2A)(b)(ii) above shall be made by statutory instrument. (7C) No order shall be made under subsection (1A) above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (7D) A statutory instrument containing an order under subsection (2A)(b)(ii) above shall be subject to annulment pursuant to a resolution of either House of Parliament.

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Proof of custody of productions.

23

In section 84 of the 1975 Act (proof as to productions)—

; or (b) that the production examined by him is that taken possession of by the procurator fiscal or the police,

; and

Evidence of criminal record and character of accused.

24

(1A) In a case to which sub-paragraph (ii) of paragraph (f) of the proviso to subsection (1) above applies, the prosecutor shall be entitled to ask the accused a question of a kind specified in that paragraph only if the court, on the application of the prosecutor, permits him to do so. (1B) An application under subsection (1A) above shall be made in the course of the trial but in the absence of the jury. (1C) In subsection (1) above, references to the complainer include references to a victim who is deceased.

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(141ZA) (1) This section applies where— (a) evidence is led by the defence, or the defence asks questions of a witness for the prosecution, with a view to establishing the accused’s good character or impugning the character of the prosecutor, of any witness for the prosecution or of the complainer; or (b) the nature or conduct of the defence is such as to tend to establish the accused’s good character or to involve imputations on the character of the prosecutor, of any witness for the prosecution or of the complainer. (2) Where this section applies the court may, without prejudice to section 149 of this Act, on the application of the prosecutor, permit the prosecutor to lead evidence that the accused has committed, or has been convicted of, or has been charged with, offences other than that for which he is being tried, or is of bad character, notwithstanding that a witness or production concerned is not included in any list lodged by the prosecutor and that the notice required by sections 81 and 82(2) of this Act has not been given. (3) An application under subsection (2) above shall be made in the course of the trial but in the absence of the jury. (4) In subsection (1) above, references to the complainer include references to a victim who is deceased.

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(2) Nothing in subsection (1) above shall prevent the prosecutor— (a) asking the accused questions tending to show that he has been convicted of an offence other than that with which he is charged, where he is entitled to do so under section 141 of this Act; or (b) leading evidence of previous convictions where it is competent to do so— (i) as evidence in support of a substantive charge; or (ii) under section 141ZA of this Act.

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(1A) In a case to which sub-paragraph (ii) of paragraph (f) of the proviso to subsection (1) above applies, the prosecutor shall be entitled to ask the accused a question of a kind specified in that paragraph only if the court, on the application of the prosecutor, permits him to do so. (1B) In subsection (1) above, references to the complainer include references to a victim who is deceased.

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(346ZA) (1) This section applies where— (a) evidence is led by the defence, or the defence asks questions of a witness for the prosecution, with a view to establishing the accused’s good character or impugning the character of the prosecutor, of any witness for the prosecution or of the complainer; or (b) the nature or conduct of the defence is such as to tend to establish the accused’s good character or to involve imputations on the character of the prosecutor, of any witness for the prosecution or of the complainer. (2) Where this section applies the court may, without prejudice to section 350 of this Act, on the application of the prosecutor, permit the prosecutor to lead evidence that the accused has committed, or has been convicted of, or has been charged with, offences other than that for which he is being tried, or is of bad character. (3) In subsection (1) above, references to the complainer include references to a victim who is deceased.

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the prosecutor— (a) asking the accused questions tending to show that the accused has been convicted of an offence other than that with which he is charged, where he is entitled to do so under section 346 of this Act; or (b) leading evidence of previous convictions where it is competent to do so— (i) as evidence in support of a substantive charge; or (ii) under section 346ZA of this Act.

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Evidence as to controlled drugs and medicinal products.

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shall, subject to subsection (3) below, be sufficient evidence of that fact notwithstanding that no analysis of the substance has been carried out.

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.

Evidence as to time and place of video surveillance recordings.

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shall, subject to subsection (2) below, be sufficient evidence of the matters contained in the certificate.

Evidence in relation to fingerprints.

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Evidence in relation to sexual offences.

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(ba) clandestine injury to women;

;

(ia) section 2A (incest); (ib) section 2B (unlawful sexual intercourse with stepchild); (ic) section 2C (unlawful sexual intercourse of person in position of trust with child under 16);

; and

(iva) section 7 (gross indecency between males)

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(ba) clandestine injury to women;

;

(ia) section 2A (incest); (ib) section 2B (unlawful sexual intercourse with stepchild); (ic) section 2C (unlawful sexual intercourse of person in position of trust with child under 16);

; and

(iva) section 7 (gross indecency between males)

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Proof of previous convictions.

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(4) Without prejudice to subsections (1) to (3) above, where proof of a previous conviction is competent in support of a substantive charge, any such conviction or an extract of it shall, if— (a) it purports to relate to the accused and to be signed by the clerk of court having custody of the record containing the conviction; and (b) a copy of it has been served on the accused not less than 14 days before the trial diet, be sufficient evidence of the application of the conviction to the accused unless, within seven days of the date of service of the copy on him, he serves notice on the prosecutor that he denies that it applies to him. (5) A copy of a conviction or extract conviction served under subsection (4) above shall be served on the accused 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 together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of the copy.

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(6) Without prejudice to subsections (1) to (3) above, where proof of a previous conviction is competent in support of a substantive charge, any such conviction or an extract of it shall, if— (a) it purports to relate to the accused and to be signed by the clerk of court having custody of the record containing the conviction; and (b) a copy of it has been served on the accused not less than 14 days before the trial diet, be sufficient evidence of the application of the conviction to the accused unless, within seven days of the date of service of the copy on him, he serves notice on the prosecutor that he denies that it applies to him. (7) A copy of a conviction or extract conviction served under subsection (6) above shall be served on the accused 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 together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of the copy.

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The trial

Death, illness or absence of trial judge.

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(1) Where the court is unable to proceed owing to the death, illness or absence of the presiding judge, the clerk of court may convene the court (if necessary) and— (a) in a case where no evidence has been led, adjourn the diet and any other diet appointed for that sitting to— (i) a time later the same day, or a date not more than seven days later, when he believes a judge will be available; or (ii) a later sitting not more than two months after the date of the adjournment; or (b) in a case where evidence has been led— (i) adjourn the diet and any other diet appointed for that sitting to a time later the same day, or a date not more than seven days later, when he believes a judge will be available; or (ii) with the consent of the parties, desert the diet pro loco et tempore. (1A) Where a diet has been adjourned under sub-paragraph (i) of either paragraph (a) or paragraph (b) of subsection (1) above the clerk of court may, where the conditions of that subsection continue to be satisfied, further adjourn the diet under that sub-paragraph; but the total period of such adjournments shall not exceed seven days. (1B) Where a diet has been adjourned under subsection (1)(b)(i) above the court may, at the adjourned diet— (a) further adjourn the diet; or (b) desert the diet pro loco et tempore.

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(331B) (1) Where the court is unable to proceed owing to the death, illness or absence of the presiding judge, it shall be lawful for the clerk of court— (a) where the diet has not been called, to convene the court and adjourn the diet; (b) where the diet has been called but no evidence has been led, to adjourn the diet; and (c) where the diet has been called and evidence has been led— (i) with the agreement of the parties, to desert the diet pro loco et tempore; or (ii) to adjourn the diet. (2) Where, under subsection (1)(c)(i) above, a diet has been deserted pro loco et tempore, any new prosecution charging the accused with the same or any similar offence arising out of the same facts shall be brought within two months of the date on which the diet was deserted notwithstanding that any other time limit for the commencement of such prosecution has elapsed. (3) For the purposes of subsection (2) above, a new prosecution shall be deemed to commence on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay.

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Removal of accused from court.

31

After section 337A of the 1975 Act there shall be inserted the following section—

(337B) (1) Without prejudice to section 338 of this Act, and subject to subsection (2) below, no part of a trial shall take place outwith the presence of the accused. (2) If during the course of his trial an accused so misconducts himself that in the view of the court a proper trial cannot take place unless he is removed, the court may order— (a) that he is removed from the court for so long as his conduct makes it necessary; and (b) that the trial proceeds in his absence, but if he is not legally represented the court shall appoint counsel or a solicitor to represent his interests during such absence.

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Comment by prosecutor on accused’s failure to give evidence.

32

Sections 141(1)(b) (prosecutor may not comment on failure of accused to give evidence in solemn proceedings) and 346(1)(b) (corresponding provision in relation to summary proceedings) of the 1975 Act shall cease to have effect.

Conviction and sentence

Sentence following guilty plea.

33

After each of sections 217 and 430 of the 1975 Act there shall be inserted the following section as, respectively, section 217A and section 430A—

(0) In determining what sentence to pass on, or what other disposal or order to make in relation to, an offender who has pled guilty to an offence, a court may take into account— (a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and (b) the circumstances in which that indication was given.

.

Sentencing guidelines.

34

(254A) (1) In disposing of an appeal under section 228(1)(b), (bb), (bc), (bd) or (c) or 228A of this Act the High Court may, without prejudice to any other power in that regard, pronounce an opinion on the sentence or other disposal or order which is appropriate in any similar case. (2) Without prejudice to any rule of law, a court in passing sentence shall have regard to any relevant opinion pronounced under subsection (1) above.

.

(455A) (1) In disposing of an appeal under section 442(1)(a)(ii), (iia) or (iii), (b)(ii) or (c) of this Act the High Court may, without prejudice to any other power in that regard, pronounce an opinion on the sentence or other disposal or order which is appropriate in any similar case. (2) Without prejudice to any rule of law, a court in passing sentence shall have regard to any relevant opinion pronounced under subsection (1) above.

.

Supervised attendance orders.

35

period, being a period of not less than 10 hours and not more than— (i) where the amount of the fine, part or instalment which the offender has failed to pay does not exceed level 1 on the standard scale, 50 hours; and (ii) in any other case, 100 hours

; and

(3A) This subsection applies where— (a) the court is a court prescribed for the purposes of this subsection by order made by the Secretary of State; (b) the offender is of or over 18 years of age and is not serving a sentence of imprisonment; (c) having been convicted of an offence, he has had imposed on him a fine which (or any part or instalment of which) he has failed to pay and the court, but for this section, would have imposed on him a period of imprisonment under section 407(1)(b) of the Criminal Procedure (Scotland) Act 1975 (power of court to impose imprisonment for non-payment of fine); and (d) the fine, or as the case may be, the part or instalment, is of an amount not exceeding level 2 on the standard scale. (3B) An order under subsection (3A)(a) above shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

.

(4A) The coming into force of a supervised attendance order shall have the effect of discharging the fine referred to in subsection (3)(b) or (3A)(c) above or, as the case may be, section 412A(3)(a) or 412B(1) of the Criminal Procedure (Scotland) Act 1975.

.

  • “imprisonment” includes detention;

.

not exceeding— (i) in the case of a sheriff court, three months; and (ii) in the case of a district court, 60 days, as the court considers appropriate;

; and

not exceeding— (i) in the case of a sheriff court, three months; and (ii) in the case of a district court, 60 days, as the court considers appropriate;

.

section 412A (supervised attendance orders in place of fines for 16 and 17 year olds); section 412B (supervised attendance orders where court allows further time to pay;

.

(412A) (1) This section applies where a person of 16 or 17 years of age is convicted of an offence by a court of summary jurisdiction and the court considers that, but for this section, the appropriate sentence is a fine. (2) Where this section applies, the court shall determine the amount of the fine and shall consider whether the person is likely to pay a fine of that amount within 28 days. (3) If the court considers that the person is likely to pay the fine as mentioned in subsection (2) above, it shall— (a) impose the fine; and (b) subject to paragraph 1 of Schedule 6 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (“the 1990 Act”), make a supervised attendance order in default of payment of the fine within 28 days. (4) A supervised attendance order made under subsection (3)(b) above— (a) shall come into force on such date, not earlier than 28 days after the making of the order, as may be specified in the order, unless the person pays the fine within that period; (b) shall, for the purposes of Schedule 6 to the 1990 Act, be deemed to be made on the date when it comes into force. (5) Where, before the coming into force of a supervised attendance order made under subsection (3)(b) above, the person pays part of the fine, the period specified in the order shall be reduced by the proportion which the part of the fine paid bears to the whole fine, the resulting figure being rounded up or down to the nearest 10 hours; but this subsection shall not operate to reduce the period to less than 10 hours. (6) If the court considers that the person is not likely to pay the fine as mentioned in subsection (2) above, it shall, subject to paragraph 1 of Schedule 6 to the 1990 Act, make a supervised attendance order in respect of that person. (7) Sections 395A to 398, 400 to 404 and 407 of this Act shall not apply in respect of a person to whom this section applies. (8) For the purposes of any appeal or review, a supervised attendance order made under this section is a sentence. (9) In this section “supervised attendance order” means an order made in accordance with section 62(2), (5) and (6) of the 1990 Act. (412B) (1) Where a court, on an application to it under section 397(1) of this Act, allows a person further time for payment of a fine or instalments thereof it may, in addition, subject to paragraph 1 of Schedule 6 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (“the 1990 Act”), impose a supervised attendance order in default of payment of the fine or any instalment of it on the due date. (2) A supervised attendance order made under subsection (1) above — (a) shall, if the person fails to pay the fine or any instalment of it on the due date, come into force on the day after the due date; and (b) shall, for the purposes of Schedule 6 to the 1990 Act, be deemed to be made on the date when it comes into force. (3) Where, before the coming into force of a supervised attendance order under subsection (1) above, the person pays part of the fine, the period specified in the order shall be reduced by the proportion which the part of the fine paid bears to the whole fine, the resulting figure being rounded up or down to the nearest 10 hours; but this subsection shall not operate to reduce the period to less than 10 hours. (4) In this section “supervised attendance order” means an order made in accordance with section 62(2), (5) and (6) of the 1990 Act.

.

Supervised release orders: requirement for local authority report.

36

After subsection (1) of section 212A of the 1975 Act (supervised release orders) there shall be inserted the following subsection—

(1A) A court shall, before making an order under subsection (1) above, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.

.

Offences committed by persons under supervision etc.: provision of local authority report.

37

(179A) Where a person specified in section 27(1)(b)(i) to (vi) of the Social Work (Scotland) Act 1968 commits an offence, the court shall not dispose of the case without obtaining from the local authority in whose area the person resides a report as to— (a) the circumstances of the offence; and (b) the character of the offender, including his behaviour while under the supervision, or as the case may be subject to the order, so specified in relation to him.

.

(380A) (1) Where a person specified in section 27(1)(b)(i) to (vi) of the Social Work (Scotland) Act 1968 commits an offence, the court shall not dispose of the case without obtaining from the local authority in whose area the person resides a report as to— (a) the circumstances of the offence; and (b) the character of the offender, including his behaviour while under the supervision, or as the case may be subject to the order, so specified in relation to him. (2) In subsection (1) above, “the court” does not include a district court.

.

Probation orders to be made only after conviction.

38

(b) sentence the offender for the offence for which the order was made;

.

Probation orders requiring treatment for mental condition.

39
  • “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists;

.

Sentence for offence committed while subject to requirement to perform unpaid work.

40

(3) Where— (a) a court has, under section 183(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below, the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (4) The circumstances referred to in subsection (3) above are that the offence was committed— (a) during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and (b) in any place where the unpaid work was being or had previously been performed. (5) The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.

.

(3) Where— (a) a court has, under section 384(5A) of this Act, included in a probation order a requirement that an offender shall perform unpaid work; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (4) below, the court which sentences him for the offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (4) The circumstances referred to in subsection (3) above are that the offence was committed— (a) during the period that the offender was subject to a requirement to perform unpaid work or within the period of three months following the expiry of that period; and (b) in any place where the unpaid work was being or had previously been performed. (5) The court shall not, under subsection (3) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (4) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.

.

(5A) (1) Where— (a) a court has made a community service order under section 1(1) of this Act in respect of an offender; and (b) the offender is convicted of an offence committed in the circumstances mentioned in subsection (2) below, the court which sentences him for that offence shall, in determining the appropriate sentence for that offence, have regard to the fact that the offence was committed in those circumstances. (2) The circumstances referred to in subsection (1) above are that the offence was committed— (a) during the period when the community service order was in force or within the period of three months following the expiry of that order; and (b) in any place where unpaid work under the order was being or had previously been performed. (3) The court shall not, under subsection (1) above, have regard to the fact that the offence was committed in the circumstances mentioned in subsection (2) above unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.

.

Amendment of records of conviction and sentence in summary proceedings.

41

After section 439 of the 1975 Act there shall be inserted the following section—

(439A) (1) Without prejudice to section 439 of this Act, where, on an application in accordance with subsection (2) below, the High Court is satisfied that a record of conviction or sentence in summary proceedings inaccurately records the identity of any person, it may authorise the clerk of the court which convicted or, as the case may be, sentenced the person to correct the record. (2) An application under subsection (1) above shall be made after the determination of the summary prosecution and may be made by any party to the summary proceedings or any other person having an interest in the correction of the alleged inaccuracy. (3) The High Court shall order intimation of an application under subsection (1) above to such persons as it considers appropriate and shall not determine the application without affording to the parties to the summary proceedings and to any other person having an interest in the correction of the alleged inaccuracy an opportunity to be heard. (4) The power of the High Court under this section may be exercised by a single judge of the High Court in the same manner as it may be exercised by the High Court, and subject to the same provisions.

.

Appeals

Leave to appeal.

42

(230A) (1) The decision whether to grant leave to appeal for the purposes of section 228(1) of this Act shall be made by a judge of the High Court who shall— (a) if he considers that the documents mentioned in subsection (2) below disclose arguable grounds of appeal, grant leave to appeal and make such comments in writing as he considers appropriate; and (b) in any other case— (i) refuse leave to appeal and give reasons in writing for the refusal; and (ii) where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him. (2) The documents referred to in subsection (1) above are— (a) the note of appeal lodged under section 233(1)(a) of this Act; (b) in a case to which section 236 of this Act applies, the certified copy or, as the case may be, the record of the proceedings at the trial; (c) where the judge who presided at the trial furnishes a report under section 236A of this Act, that report; and (d) where, by virtue of section 275(1) of this Act, a transcript of the charge to the jury of the judge who presided at the trial is delivered to the Clerk of Justiciary, that transcript. (3) A warrant granted under subsection (1)(b)(ii) above shall not take effect until the expiry of the period of 14 days mentioned in subsection (4) below without an application to the High Court for leave to appeal having been lodged by the appellant under that subsection. (4) Where leave to appeal is refused under subsection (1) above the appellant may, within 14 days of intimation under subsection (10) below, apply to the High Court for leave to appeal. (5) In deciding an application under subsection (4) above the High Court shall— (a) if, after considering the documents mentioned in subsection (2) above and the reasons for the refusal, the court is of the opinion that there are arguable grounds of appeal, grant leave to appeal and make such comments in writing as the court considers appropriate; and (b) in any other case— (i) refuse leave to appeal and give reasons in writing for the refusal; and (ii) where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him. (6) Consideration whether to grant leave to appeal under subsection (1) or (5) above shall take place in chambers without the parties being present. (7) Comments in writing made under subsection (1)(a) or (5)(a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the note of appeal) on the basis of which leave to appeal is granted. (8) Where the arguable grounds of appeal are specified by virtue of subsection (7) above it shall not, except by leave of the High Court on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified. (9) Any application by the appellant for the leave of the High Court under subsection (8) above— (a) shall be made not less than seven days before the date fixed for the hearing of the appeal; and (b) shall, not less than seven days before that date, be intimated by the appellant to the Crown Agent. (10) The Clerk of Justiciary shall forthwith intimate— (a) a decision under subsection (1) or (5) above; and (b) in the case of a refusal of leave to appeal, the reasons for the decision, to the appellant or his solicitor and to the Crown Agent.

.

(3A) Subsection (3) above shall not apply as respects any ground of appeal specified as an arguable ground of appeal by virtue of subsection (7) of section 230A of this Act.

.

(442ZA) (1) The decision whether to grant leave to appeal for the purposes of section 442(1)(a)(i) or (iii) of this Act shall be made by a judge of the High Court who shall— (a) if he considers that the documents mentioned in subsection (2) below disclose arguable grounds of appeal, grant leave to appeal and make such comments in writing as he considers appropriate; and (b) in any other case— (i) refuse leave to appeal and give reasons in writing for the refusal; and (ii) where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him. (2) The documents referred to in subsection (1) above are— (a) the stated case lodged under subsection (4) of section 448 of this Act; and (b) the documents transmitted to the Clerk of Justiciary under subsection (3)(b) of that section. (3) A warrant granted under subsection (1)(b)(ii) above shall not take effect until the expiry of the period of 14 days mentioned in subsection (4) below without an application to the High Court for leave to appeal having been lodged by the appellant under that subsection. (4) Where leave to appeal is refused under subsection (1) above the appellant may, within 14 days of intimation under subsection (10) below, apply to the High Court for leave to appeal. (5) In deciding an application under subsection (4) above the High Court shall— (a) if, after considering the documents mentioned in subsection (2) above and the reasons for the refusal, the court is of the opinion that there are arguable grounds of appeal, grant leave to appeal and make such comments in writing as the court considers appropriate; and (b) in any other case— (i) refuse leave to appeal and give reasons in writing for the refusal; and (ii) where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him. (6) Consideration whether to grant leave to appeal under subsection (1) or (5) above shall take place in chambers without the parties being present. (7) Comments in writing made under subsection (1)(a) or (5)(a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the stated case) on the basis of which leave to appeal is granted. (8) Where the arguable grounds of appeal are specified by virtue of subsection (7) above it shall not, except by leave of the High Court on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the stated case but not so specified. (9) Any application by the appellant for the leave of the High Court under subsection (8) above— (a) shall be made not less than seven days before the date fixed for the hearing of the appeal; and (b) shall, not less than seven days before that date, be intimated by the appellant to the Crown Agent. (10) The Clerk of Justiciary shall forthwith intimate— (a) a decision under subsection (1) or (5) above; and (b) in the case of a refusal of leave to appeal, the reasons for the decision, to the appellant or his solicitor and to the Crown Agent.

.

(3A) Subsection (3) above shall not apply as respects any ground of appeal specified as an arguable ground of appeal by virtue of subsection (7) of section 442ZA of this Act.

.

(453AA) (1) The decision whether to grant leave to appeal for the purposes of section 442(1)(a)(ii) or (iia) of this Act shall be made by a judge of the High Court who shall— (a) if he considers that the note of appeal and other documents sent to the Clerk of Justiciary under section 453B(4)(a) of this Act disclose arguable grounds of appeal, grant leave to appeal; and (b) in any other case— (i) refuse leave to appeal and give reasons in writing for the refusal; and (ii) where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him. (2) A warrant granted under subsection (1)(b)(ii) above shall not take effect until the expiry of the period of 14 days mentioned in subsection (3) below without an application to the High Court for leave to appeal having been lodged by the appellant under that subsection. (3) Where leave to appeal is refused under subsection (1) above the appellant may, within 14 days of intimation under subsection (9) below, apply to the High Court for leave to appeal. (4) In deciding an application under subsection (3) above the High Court shall— (a) if, after considering the note of appeal and other documents mentioned in subsection (1) above and the reasons for the refusal, the court is of the opinion that there are arguable grounds of appeal, grant leave to appeal; and (b) in any other case— (i) refuse leave to appeal and give reasons in writing for the refusal; and (ii) where the appellant is on bail and the sentence imposed on his conviction is one of imprisonment, grant a warrant to apprehend and imprison him. (5) Consideration whether to grant leave to appeal under subsection (1) or (4) above shall take place in chambers without the parties being present. (6) Comments in writing made under subsection (1)(a) or (4)(a) above may, without prejudice to the generality of that provision, specify the arguable grounds of appeal (whether or not they are contained in the note of appeal) on the basis of which leave to appeal is granted. (7) Where the arguable grounds of appeal are specified by virtue of subsection (6) above it shall not, except by leave of the High Court on cause shown, be competent for the appellant to found any aspect of his appeal on any ground of appeal contained in the note of appeal but not so specified. (8) Any application by the appellant for the leave of the High Court under subsection (7) above— (a) shall be made not less than seven days before the date fixed for the hearing of the appeal; and (b) shall, not less than seven days before that date, be intimated by the appellant to the Crown Agent. (9) The Clerk of Justiciary shall forthwith intimate— (a) a decision under subsection (1) or (4) above; and (b) in the case of a refusal of leave to appeal, the reasons for the decision, to the appellant or his solicitor and to the Crown Agent.

.

Reduction in quorum of High Court for appeals against sentence etc.

43

(1A) For the purpose of hearing and determining any appeal under section 228(1)(b), (bb), (bc) or (bd) of this Act, or any proceeding connected therewith, two of the Lords Commissioners of Justiciary shall be a quorum of the High Court, and each judge shall be entitled to pronounce a separate opinion; but where the two Lords Commissioners of Justiciary are unable to reach agreement on the disposal of the appeal, or where they consider it appropriate, the appeal shall be heard and determined in accordance with subsection (1) above.

.

(451A) (1) For the purpose of hearing and determining any appeal under this Part of this Act, or any proceeding connected therewith, three of the Lords Commissioners of Justiciary shall be a quorum of the High Court, and the determination of any question under this Part of this Act by the court shall be according to the votes of the majority of the members of the court sitting, including the presiding judge, and each judge so sitting shall be entitled to pronounce a separate opinion. (2) For the purpose of hearing and determining appeals under section 442(1)(a)(ii) or (iia) of this Act, or any proceeding connected therewith, two of the Lords Commissioners of Justiciary shall be a quorum of the High Court, and each judge shall be entitled to pronounce a separate opinion; but where the two Lords Commissioners of Justiciary are unable to reach agreement on the disposal of the appeal, or where they consider it appropriate, the appeal shall be heard and determined in accordance with subsection (1) above.

.

Trial judge’s report.

44

at any time before the appeal is finally determined, order the judge who presided at the trial, passed sentence or otherwise disposed of the case to provide to the Clerk of Justiciary a report in writing giving the judge’s opinion on the case generally or in relation to any particular matter specified in the order.

Extension of certain time limits with respect to appeals.

45

taken— (a) is temporarily absent from duty for any cause; (b) is a temporary sheriff; or (c) is a justice of the peace, the sheriff

.

judge— (a) is temporarily absent from duty for any cause; (b) is a temporary sheriff; or (c) is a justice of the peace, extend

.

New prosecution for same or similar offence.

46

(1A) In a new prosecution under this section the accused shall not be charged with an offence more serious than that of which he was convicted in the earlier proceedings. (1B) In proceedings in a new prosecution under this section it shall, subject to subsection (1C) below, be competent for either party to lead any evidence which it was competent for him to lead in the earlier proceedings. (1C) The indictment in a new prosecution under this section shall identify any matters as respects which the prosecutor intends to lead evidence by virtue of subsection (1B) above which would not have been competent but for that subsection.

; and

(5) On granting authority under section 254(1)(c) of this Act to bring a new prosecution, the High Court shall, after giving the parties an opportunity of being heard, order the detention of the accused person in custody or admit him to bail. (6) Subsections (2)(b) and (4) to (6) of section 101 of this Act (prevention of delay in trials) shall apply to an accused person who is detained under subsection (5) above as they apply to an accused person detained by virtue of being committed until liberated in due course of law.

.

(1A) In a new prosecution under this section the accused shall not be charged with an offence more serious than that of which he was convicted in the earlier proceedings. (1B) In proceedings in a new prosecution under this section it shall, subject to subsection (1C) below, be competent for either party to lead any evidence which it was competent for him to lead in the earlier proceedings. (1C) The complaint in a new prosecution under this section shall identify any matters as respects which the prosecutor intends to lead evidence by virtue of subsection (1B) above which would not have been competent but for that subsection.

; and

(5) On granting authority under section 452A(1)(d) of this Act to bring a new prosecution, the High Court may, after giving the parties an opportunity of being heard, order the detention of the accused person in custody; but an accused person may not be detained by virtue of this subsection for a period of more than 40 days.

.

Mental disorder and criminal proceedings

Insanity in bar of trial.

47

(1) Where the court is satisfied, on the written or oral evidence of two medical practitioners, that a person charged on indictment with the commission of an offence is insane so that his trial cannot proceed or, if it has commenced, cannot continue, the court shall, subject to subsection (1A) below— (a) make a finding to that effect and state the reasons for that finding; (b) discharge the trial diet and order that a diet (in this Act referred to as an “an examination of facts”) be held under section 174ZA of this Act; and (c) remand the person in custody or on bail or, where the court is satisfied— (i) on the written or oral evidence of two medical practitioners, that he is suffering from mental disorder of a nature or degree which warrants his admission to hospital under Part V of the Mental Health (Scotland) Act 1984; and (ii) that a hospital is available for his admission and suitable for his detention, make an order (in this section referred to as a “temporary hospital order”) committing him to that hospital until the conclusion of the examination of facts. (1A) Subsection (1) above is without prejudice to the power of the court, on an application by the prosecutor, to desert the diet pro loco et tempore. (1B) The court may, before making a finding under subsection (1) above as to the insanity of a person, adjourn the case in order that investigation of his mental condition may be carried out. (1C) The court which made a temporary hospital order may, at any time while the order is in force, review the order on the ground that there has been a change of circumstances since the order was made and, on such review— (a) where the court considers that such an order is no longer required in relation to a person, it shall revoke the order and may remand him in custody or on bail; (b) in any other case, the court may— (i) confirm or vary the order; or (ii) revoke the order and make such other order, under subsection (1)(c) above or any other provision of this Part of this Act, as the court considers appropriate.

.

(2) Where the court is satisfied, on the written or oral evidence of two medical practitioners, that a person charged summarily in the sheriff court with the commission of an offence is insane so that his trial cannot proceed or, if it has commenced, cannot continue, the court shall, subject to subsection (2A) below— (a) make a finding to that effect and state the reasons for that finding; (b) discharge the trial diet and order that a diet (in this Act referred to as an “examination of facts”) be held in accordance with section 375ZA of this Act; and (c) remand the person in custody or on bail or, where the court is satisfied— (i) on the written or oral evidence of two medical practitioners, that he is suffering from mental disorder of a nature or degree which warrants his admission to hospital under Part V of the Mental Health (Scotland) Act 1984; and (ii) that a hospital is available for his admission and suitable for his detention, make an order (in this section referred to as a “temporary hospital order”) committing him to that hospital until the conclusion of the examination of facts. (2A) Subsection (2) above is without prejudice to the power of the court, on an application by the prosecutor, to desert the diet pro loco et tempore. (2B) The court may, before making a finding under subsection (2) above as to the insanity of a person, adjourn the case in order that investigation of his mental condition may be carried out. (2C) The court which made a temporary hospital order may, at any time while the order is in force, review the order on the ground that there has been a change of circumstances since the order was made and, on such review— (a) where the court considers that such an order is no longer required in relation to a person, it shall revoke the order and may remand him in custody or on bail; (b) in any other case, the court may— (i) confirm or vary the order; or (ii) revoke the order and make such other order, under subsection (2)(c) above or any other provision of this Part of this Act, as the court considers appropriate.

.

Insanity as ground of acquittal in summary proceedings.

48

After subsection (3) of section 375 of the 1975 Act (insanity in bar of trial) there shall be inserted the following subsection—

(3A) Where, in the case of any person charged summarily in the sheriff court, evidence is brought before the court that the person was insane at the time of doing the act or making the omission constituting the offence with which he is charged and the person is acquitted, the court shall state whether the person was insane at that time and, if so, whether he was acquitted on that ground.

.

Examination of facts.

49

(174ZA) (1) At an examination of facts ordered under section 174(1)(b) of this Act the court shall, on the basis of the evidence (if any) already given in the trial and such evidence, or further evidence, as may be led by either party, determine whether it is satisfied— (a) beyond reasonable doubt, as respects any charge on indictment in respect of which the accused was being or was to be tried, that he did the act or made the omission constituting the offence; and (b) on the balance of probabilities, that there are no grounds for acquitting him. (2) Where the court is satisfied as mentioned in subsection (1) above, it shall make a finding to that effect. (3) Where the court is not so satisfied it shall, subject to subsection (4) below, acquit the person of the charge. (4) Where, as respects a person acquitted under subsection (3) above, the court is satisfied as to the matter mentioned in subsection (1)(a) above but it appears to the court that the person was insane at the time of doing the act or making the omission constituting the offence, the court shall state whether the acquittal is on the ground of such insanity. (5) Where it appears to the court that it is not practicable or appropriate for the accused to attend an examination of facts the court may, if no objection is taken by or on behalf of the accused, order that the examination of facts shall proceed in his absence. (6) Subject to the provisions of this section, section 174ZB of this Act and any Act of Adjournal, the rules of evidence and procedure and the powers of the court shall, in respect of an examination of facts, be as nearly as possible those applicable in respect of a trial. (7) For the purposes of the application to an examination of facts of the rules and powers mentioned in subsection (6) above, an examination of facts— (a) commences when the indictment is called; and (b) concludes when the court— (i) acquits the person under subsection (3) above; (ii) makes an order under subsection (2) of section 174ZC of this Act; or (iii) decides, under paragraph (e) of that subsection, not to make an order. (174ZB) (1) An examination of facts ordered under section 174(1)(b) of this Act may, where the order is made at the trial diet, be held immediately following the making of the order and, where it is so held, the citation of the accused and any witness to the trial diet shall be a valid citation to the examination of facts. (2) A warrant for citation of an accused and witnesses under section 69 of this Act shall be sufficient warrant for citation to an examination of facts. (3) Where an accused person is not legally represented at an examination of facts the court shall appoint counsel or a solicitor to represent his interests. (4) The court may, on the motion of the prosecutor and after hearing the accused, order that the examination of facts shall proceed in relation to a particular charge, or particular charges, in the indictment in priority to other such charges. (5) The court may, on the motion of the prosecutor and after hearing the accused, at any time desert the examination of facts pro loco et tempore as respects either the whole indictment or any charge therein. (6) Where, and to the extent that, an examination of facts has, under subsection (5) above, been deserted pro loco et tempore, the Lord Advocate may, at any time, raise and insist in a new indictment notwithstanding any time limit which would otherwise apply in respect of prosecution of the alleged offence. (7) If, in a case where a court has made a finding under subsection (2) of section 174ZA above, a person is subsequently charged, whether on indictment or on a complaint, with an offence arising out of the same act or omission as is referred to in subsection (1) of that section, any order made under section 174ZC(2) of this Act shall, with effect from the commencement of the later proceedings, cease to have effect. (8) For the purposes of subsection (7) above, the later proceedings are commenced when the indictment or, as the case may be, the complaint is served.

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(375ZA) (1) At an examination of facts ordered under section 375(2)(b) of this Act the court shall, on the basis of the evidence (if any) already given in the trial and such evidence, or further evidence, as may be led by either party, determine whether it is satisfied— (a) beyond reasonable doubt, as respects any charge in a complaint in respect of which the accused was being or was to be tried, that he did the act or made the omission constituting the offence; and (b) on the balance of probabilities, that there are no grounds for acquitting him. (2) Where the court is satisfied as mentioned in subsection (1) above, it shall make a finding to that effect. (3) Where the court is not so satisfied it shall, subject to subsection (4) below, acquit the person of the charge. (4) Where, as respects a person acquitted under subsection (3) above, the court is satisfied as to the matter mentioned in subsection (1)(a) above but it appears to the court that the person was insane at the time of doing the act or making the omission constituting the offence, the court shall state whether the acquittal is on the ground of such insanity. (5) Where it appears to the court that it is not practicable or appropriate for the accused to attend an examination of facts the court may, if no objection is taken by or on behalf of the accused, order that the examination of facts shall proceed in his absence. (6) Subject to the provisions of this section, section 375ZB of this Act and any Act of Adjournal, the rules of evidence and procedure and the powers of the court in respect of an examination of facts shall be as nearly as possible those applicable in respect of a trial. (7) For the purposes of the application to an examination of facts of the rules and powers mentioned in subsection (6) above, an examination of facts— (a) commences when the diet is called; and (b) concludes when the court— (i) acquits the person under subsection (3) above; (ii) makes an order under subsection (2) of section 375ZC of this Act; or (iii) decides, under paragraph (e) of that subsection, not to make an order. (375ZB) (1) An examination of facts ordered under section 375(2)(b) of this Act may, where the order is made at the trial diet, be held immediately following the making of the order and, where it is so held, the citation of the accused and any witness to the trial diet shall be a valid citation to the examination of facts. (2) Where an accused person is not legally represented at an examination of facts the court shall appoint counsel or a solicitor to represent his interests. (3) The court may, on the motion of the prosecutor and after hearing the accused, order that the examination of facts shall proceed in relation to a particular charge, or particular charges, in the complaint in priority to other such charges. (4) The court may, on the motion of the prosecutor and after hearing the accused, at any time desert the examination of facts pro loco et tempore as respects the whole complaint or any charge in the complaint. (5) Where, and to the extent that, an examination of facts has, under subsection (4) above, been deserted pro loco et tempore, the prosecutor may, at any time, raise a fresh libel notwithstanding any time limit which would otherwise apply in respect of prosecution of the alleged offence. (6) If, in a case where a court has made a finding under subsection (2) of section 375ZA of this Act, a person is subsequently charged, whether on indictment or on a complaint, with an offence arising out of the same act or omission as is referred to in subsection (1) of that section, any order made under section 375ZC(2) of this Act shall, with effect from the commencement of the later proceedings, cease to have effect. (7) For the purposes of subsection (6) above, the later proceedings are commenced when the indictment or, as the case may be, the complaint is served.

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Disposal of case where accused found to be insane.

50

(174ZC) (1) This section applies where— (a) a person is, by virtue of section 174(2) or 174ZA(3) of this Act, acquitted on the ground of his insanity at the time of the act or omission; or (b) following an examination of facts under section 174ZA, a court makes a finding under subsection (2) of that section. (2) Subject to subsection (3) below, where this section applies the court may, as it thinks fit— (a) make an order (which shall have the same effect as a hospital order) that the person be detained in such hospital as the court may specify; (b) in addition to making an order under paragraph (a) above, make an order (which shall have the same effect as a restriction order) that the person shall, without limit of time, be subject to the special restrictions set out in section 62(1) of the Mental Health (Scotland) Act 1984; (c) make an order (which shall have the same effect as a guardianship order) placing the person under the guardianship of a local authority or of a person approved by a local authority; (d) make a supervision and treatment order (within the meaning of paragraph 1(1) of Schedule 5A to this Act); or (e) make no order. (3) Where the offence with which the person was charged is murder, the court shall make orders under both paragraphs (a) and (b) of subsection (2) above in respect of that person. (4) Sections 175(1) and (3) to (6) and 176 to 178 of this Act shall have effect in relation to the making, terms and effect of an order under paragraph (a), (b) or (c) of subsection (2) above as those provisions have effect in relation to the making, terms and effect of, respectively, a hospital order, a restriction order and a guardianship order as respects a person convicted of an offence, other than an offence the sentence for which is fixed by law, punishable by imprisonment.

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(375ZC) (1) This section applies where— (a) a person is, by virtue of section 375(3A) or 375ZA(3) of this Act, acquitted on the ground of his insanity at the time of the act or omission; or (b) following an examination of facts under section 375ZA, a court makes a finding under subsection (2) of that section. (2) Where this section applies the court may, as it thinks fit— (a) make an order (which shall have the same effect as a hospital order) that the person be detained in such hospital as the court may specify; (b) in addition to making an order under paragraph (a) above, make an order (which shall have the same effect as a restriction order) that the person shall, without limit of time, be subject to the special restrictions set out in section 62(1) of the Mental Health (Scotland) Act 1984; (c) make an order (which shall have the same effect as a guardianship order) placing the person under the guardianship of a local authority or of a person approved by a local authority; (d) make a supervision and treatment order (within the meaning of paragraph 1(1) of Schedule 5A to this Act); or (e) make no order. (3) Sections 376(1) and (6) to (9) and 377 to 379 of this Act shall have effect in relation to the making, terms and effect of an order under paragraph (a), (b) or (c) of subsection (2) above as those provisions have effect in relation to the making, terms and effect of, respectively, a hospital order, a restriction order and a guardianship order as respects a person convicted of an offence, other than an offence the sentence for which is fixed by law, punishable by imprisonment.

Appeal by accused in case involving insanity.

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(174ZD) (1) A person may appeal to the High Court against— (a) a finding made under section 174(1) of this Act that he is insane so that his trial cannot proceed or continue, or the refusal of the court to make such a finding; (b) a finding under section 174ZA(2) of this Act; or (c) an order made under section 174ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) of that subsection, not later than seven days after the date of the finding or refusal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (b), or both paragraphs (b) and (c), of that subsection, not later than 28 days after the conclusion of the examination of facts; (iii) in the case of an appeal under paragraph (c) of that subsection against an order made on an acquittal, by virtue of section 174(2) or 174ZA(3) of this Act, on the ground of insanity at the time of the act or omission, not later than 14 days after the date of the acquittal; (iv) in the case of an appeal under that paragraph against an order made on a finding under section 174ZA(2), not later than 14 days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) Subsections (1)(a) and (2)(b)(i) above are without prejudice to section 76A(1) of this Act. (4) Where an appeal is taken under subsection (1) above, the period from the date on which the appeal was lodged until it is withdrawn or disposed of shall not count towards any time limit applying in respect of the case. (5) An appellant in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (6) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit. (7) Section 280 of this Act shall not apply in relation to any order as respects which a person has a right of appeal under subsection (1)(c) above.

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(375ZD) (1) A person may appeal to the High Court against— (a) a finding made under section 375(2) of this Act that he is insane so that his trial cannot proceed or continue, or the refusal of the court to make such a finding; (b) a finding under section 375ZA(2) of this Act; or (c) an order made under section 375ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) of that subsection, not later than seven days after the date of the finding or refusal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (b), or both paragraphs (b) and (c), of that subsection, not later than 28 days after the conclusion of the examination of facts; (iii) in the case of an appeal under paragraph (c) of that subsection against an order made on an acquittal, by virtue of section 375(3A) or 375ZA(3) of this Act, on the ground of insanity at the time of the act or omission, not later than 14 days after the date of the acquittal; (iv) in the case of an appeal under that paragraph against an order made on a finding under section 375ZA(2), not later than 14 days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) Where an appeal is taken under subsection (1) above, the period from the date on which the appeal was lodged until it is withdrawn or disposed of shall not count towards any time limit applying in respect of the case. (4) An appellant in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (5) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit. (6) Section 443 of this Act shall not apply in relation to any order as respects which a person has a right of appeal under subsection (1)(c) above.

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Appeal by prosecutor in case involving insanity.

52

(174ZE) (1) The Lord Advocate may appeal to the High Court on a point of law against— (a) a finding under subsection (1) of section 174 of this Act that an accused is insane so that his trial cannot proceed or continue; (b) an acquittal on the ground of insanity at the time of the act or omission by virtue of subsection (2) of that section; (c) an acquittal under section 174ZA(3) of this Act (whether or not on the ground of insanity at the time of the act or omission); or (d) any order made under section 174ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) or (b) of that subsection, not later than seven days after the finding or, as the case may be, the acquittal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (c) or (d) of that subsection, not later than seven days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) Subsection (1)(a) and (2)(b)(i) above are without prejudice to section 76A(1) of this Act. (4) A respondent in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (5) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit.

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(375ZE) (1) The prosecutor may appeal to the High Court on a point of law against— (a) a finding under subsection (2) of section 375 of this Act that an accused is insane so that his trial cannot proceed or continue; (b) an acquittal on the ground of insanity at the time of the act or omission by virtue of subsection (3A) of that section; (c) an acquittal under section 375ZA(3) of this Act (whether or not on the ground of insanity at the time of the act or omission); or (d) any order made under section 375ZC(2) of this Act. (2) An appeal under subsection (1) above shall be— (a) in writing; and (b) lodged— (i) in the case of an appeal under paragraph (a) or (b) of that subsection, not later than seven days after the finding or, as the case may be, the acquittal which is the subject of the appeal; (ii) in the case of an appeal under paragraph (c) or (d) of that subsection, not later than seven days after the conclusion of the examination of facts, or within such longer period as the High Court may, on cause shown, allow. (3) A respondent in an appeal under this section shall be entitled to be present at the hearing of the appeal unless the High Court determines that his presence is not practicable or appropriate. (4) In disposing of an appeal under subsection (1) above the High Court may— (a) affirm the decision of the court of first instance; (b) make any other finding or order which that court could have made at the time when it made the finding or order which is the subject of the appeal; or (c) remit the case to that court with such directions in the matter as the High Court thinks fit.

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Review of committal of mentally disordered accused to hospital.

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In each of sections 25 and 330 of the 1975 Act (power of court to commit to hospital person suffering from mental disorder), after subsection (4) there shall be inserted the following subsections—

(5) Without prejudice to subsection (3) above, the court may review an order under subsection (1) above on the ground that there has been a change of circumstances since the order was made and, on such review— (a) where the court considers that such an order is no longer required in relation to a person, it shall revoke the order and may deal with him in such way mentioned in subsection (3) above as the court thinks appropriate; (b) in any other case, the court may— (i) confirm or vary the order; or (ii) revoke the order and deal with him in such way mentioned in subsection (3) above as the court considers appropriate. (6) Subsections (1) to (4) above shall apply to the review of an order under subsection (5) above as they apply to the making of an order under subsection (1) above.

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Restriction orders to be without limit of time.

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Committal to hospital for inquiry into mental condition.

55

shall— (a) for the purpose of inquiry solely into his physical condition, remand him in custody or on bail; (b) for the purpose of inquiry into his mental condition (whether or not in addition to his physical condition), remand him in custody or on bail or, where the court is satisfied— (i) on the written or oral evidence of a medical practitioner, that the person appears to be suffering from a mental disorder; and (ii) that a hospital is available for his admission and suitable for his detention, make an order committing him to that hospital, for

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(1A) Where the court is of the opinion that a person ought to continue to be committed to hospital for the purpose of inquiry into his mental condition following the expiry of the period specified in an order for committal to hospital under paragraph (b) of subsection (1) above, the court may— (a) if the condition in sub-paragraph (i) of that paragraph continues to be satisfied and a suitable hospital is available for his continued detention, renew the order for such further period not exceeding three weeks as the court thinks necessary to enable a medical examination and report to be made; and (b) in any other case, remand the person in custody or on bail in accordance with subsection (1) above. (1B) An order under subsection (1A)(a) above may, unless objection is made by or on behalf of the person to whom it relates, be made in his absence. (1C) Where, before the expiry of the period specified in an order for committal to hospital under subsection (1)(b) above, the court considers, on an application made to it, that committal to hospital is no longer required in relation to the person, the court shall revoke the order and may make such other order, under subsection (1)(a) above or any other provision of this Part of this Act, as the court considers appropriate.

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(4A) On making an order of committal to hospital under subsection (1)(b) above the court shall send to the hospital specified in the order a statement of the reasons for which the court is of the opinion that an inquiry ought to be made into the mental condition of the person to whom it relates, and of any information before the court about his mental condition.

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; or (c) in the case of an appeal against an order of committal to hospital, revoke the order and remand the person in custody.

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(6) The court may, on cause shown, vary an order for committal to hospital under subsection (1)(b) above by substituting another hospital for the hospital specified in the order. (7) Subsection (1)(b) above shall apply to the variation of an order under subsection (6) above as it applies to the making of an order for committal to hospital.

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Miscellaneous

Criminal Courts Rules Council.

56

but shall, subject to the foregoing, have power to regulate the summoning of its meetings and the procedure at such meetings.

Information for financial and other purposes.

57

Prints, samples etc. in criminal investigations.

58

(3A) The duty under subsection (3) above to destroy samples taken under subsection (4) below and information derived from such samples shall not apply where the destruction of the sample or the information could have the effect of destroying any sample, or any information derived therefrom, lawfully held in relation to a person other than the person from whom the sample was taken. (3B) No sample, or information derived from a sample, retained by virtue of subsection (3A) above shall be used— (a) in evidence against the person from whom the sample was taken; or (b) for the purposes of the investigation of any offence. (3C) The duty under subsection (3) above shall not apply where the record, sample or information in question is of the same kind as a record, a sample or, as the case may be, information lawfully held by or on behalf of any police force in relation to the person.

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(d) from the inside of the mouth, by means of swabbing, a sample of saliva or other material

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(28A) (1) This section applies where a person convicted of an offence— (a) has not, since the conviction, had a sample, print or impression taken from him; or (b) has (whether before or after the conviction) had a sample, print or impression taken from him but it was not suitable for the means of analysis for which it was taken or, though suitable, was insufficient (either in quantity or in quality) to enable information to be obtained by that means of analysis. (2) Where this section applies, a constable may, within the permitted period— (a) take from the convicted person fingerprints, palmprints and such other prints and impressions of an external part of the body as the constable reasonably considers it appropriate to take; and (b) with the authority of an officer of a rank no lower than inspector, take from the person any sample mentioned in any of paragraphs (a) to (d) of subsection (4) of section 28 of this Act by the means specified in that paragraph in relation to that sample. (3) A constable— (a) may require the convicted person to attend a police station for the purposes of subsection (2) above; (b) may, where the convicted person is in legal custody within the meaning of the 1975 Act, exercise the powers conferred by subsection (2) above in relation to the person in the place where he is for the time being. (4) In subsection (2) above, “the permitted period” means— (a) in a case to which paragraph (a) of subsection (1) above applies, the period of one month beginning with the date of the conviction; (b) in a case to which paragraph (b) of that subsection applies, the period of one month beginning with the date on which a constable of the police force which instructed the analysis receives written intimation that the sample, print or impression was unsuitable or, as the case may be, insufficient as mentioned in that paragraph. (5) A requirement under subsection (3)(a) above— (a) shall give the person at least seven days’ notice of the date on which he is required to attend; (b) may direct him to attend at a specified time of day or between specified times of day. (6) Any constable may arrest without warrant a person who fails to comply with a requirement under subsection (3)(a) above. (28B) Without prejudice to any power to do so apart from this section, prints, impressions and samples lawfully held by or on behalf of any police force or in connection with or as a result of an investigation of an offence and information derived therefrom may be checked against other such prints, impressions, samples and information.

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Calculation of period of detention at police station where person previously detained under another enactment etc.

59

In section 2(3A) of the Criminal Justice (Scotland) Act 1980 (detention and questioning at police station)—

Jurisdiction of district court in relation to statutory offences.

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For subsection (1) of section 7 of the Criminal Justice (Scotland) Act 1980 (jurisdiction of district courts in relation to statutory offences) there shall be substituted the following subsections—

(1) Except in so far as any enactment (including this Act and 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. (1A) 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.

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Conditional offer of fixed penalty by procurator fiscal.

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(2A) In this section “the appropriate fixed penalty” means such fixed penalty on the scale prescribed under subsection (7) below as the procurator fiscal thinks fit having regard to the circumstances of the case.

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(3A) A conditional offer may be made in respect of more than one relevant offence and shall, in such a case, state the amount of the appropriate fixed penalty for all the offences in respect of which it is made.

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(7) The Secretary of State shall, by order, prescribe a scale of fixed penalties for the purposes of this section, the amount of the maximum penalty on the scale being a sum not exceeding level 1 on the standard scale. (7A) An order under subsection (7) above— (a) may contain provision as to the payment of fixed penalties by instalments; and (b) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Time limit for summary prosecution of statutory offences.

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Abolition of private summary prosecutions.

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After section 310 of the 1975 Act there shall be inserted the following section—

(310A) Except where any enactment otherwise expressly provides, all prosecutions under this Part of this Act shall be brought at the instance of the procurator fiscal.

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Legal aid in case involving insanity in bar of trial.

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In subsection (1) of section 22 of the Legal Aid (Scotland) Act 1986 (circumstances in which criminal legal aid automatically available), after paragraph (d) there shall be inserted the following paragraphs—

(da) in relation to any proceedings under solemn or summary procedure whereby the court determines (whether or not on a plea by the accused person) whether he is insane so that his trial cannot proceed or continue; (db) in relation to an examination of facts held under section 174ZA or 375ZA of the Criminal Procedure (Scotland) Act 1975 and the disposal of the case following such examination of facts; (dc) in relation to any appeal under section 174ZD (appeal by accused in case involving insanity) or 174ZE (appeal by Lord Advocate in case involving insanity) or section 375ZD or 375ZE (equivalent provisions as respects summary procedure) of that Act of 1975;

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Legal aid in criminal appeals.

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(b) in the case of an appeal under section 228(1) or 442(1)(a) of the Criminal Procedure (Scotland) Act 1975, leave to appeal is granted; and (c) in the case of an appeal under any provision of that Act other than sections 228(1) and 442(1)(a), where the applicant is the appellant, the Board is satisfied that in all the circumstances of the case it is in the interests of justice that the applicant should receive criminal legal aid.

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(2A) Where the Board has refused an application for criminal legal aid on the ground that it is not satisfied as mentioned in subsection (2)(c) above the High Court may, at any time prior to the disposal of an appeal, whether or not on application made to it, notwithstanding such refusal determine that it is in the interests of justice that the applicant should receive criminal legal aid in connection with the appeal, and the Board shall forthwith make such legal aid available to him.

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(5) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with consideration under section 230A, 442ZA or 453AA of the Criminal Procedure (Scotland) Act 1975 whether to grant leave to appeal as if— (a) in subsection (2)(a), for the words “of the appeal” there were substituted “in connection with consideration whether to grant leave to appeal”; and (b) in subsection (4), after the word “is” there were inserted “, subject to leave being granted,”. (6) Subsections (2)(a) and (c) and (2A) to (4) above shall apply to an application for criminal legal aid in connection with a petition to the nobile officium of the High Court of Justiciary (whether arising in the course of any proceedings or otherwise) as they apply for the purposes of subsection (1) above. (7) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with a reference by the Secretary of State under section 263 of the Criminal Procedure (Scotland) Act 1975 as they apply for the purposes of subsection (1) above.

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(za) in subsection (2A) of that section, the reference to the High Court shall include a reference to the Court of Session;

; and

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

66

Transfer of fine orders.

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(3A) Where— (a) the court specified in a transfer of fine order is satisfied, after inquiry, that the offender is not residing within the jurisdiction of that court; and (b) the clerk of that court, within 14 days of receiving the notice required by section 404(1) of this Act, sends to the clerk of the court which made the order notice to that effect, the order shall cease to have effect. (3B) Where a transfer of fine order ceases to have effect by virtue of subsection (3A) above, the functions referred to in subsection (3) above shall again be exercisable by the court which made the order or, as the case may be, by the clerk of that court.

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Liability of bankrupt to pay fines and compensation orders.

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In section 55(2) of the Bankruptcy (Scotland) Act 1985 (effect of discharge of bankrupt on certain liabilities), after paragraph (a) there shall be inserted the following paragraphs—

(aa) any liability to pay a fine imposed in a district court; (ab) any liability under a compensation order within the meaning of section 58 of the Criminal Justice (Scotland) Act 1980;

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Child detainees unlawfully at large.

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For subsection (3) of section 40 of the Prisons (Scotland) Act 1989 (persons unlawfully at large) there shall be substituted the following subsection—

(3) In this section— (a) any reference to a person sentenced to imprisonment shall be construed as including a reference to any person sentenced or ordered to be detained under section 205, 206 or 413 of the 1975 Act; (b) any reference to a prison shall be construed as including a reference to a place where the person is liable to be detained under the sentence or order; and (c) any reference to a sentence shall be construed as including a reference to an order under section 413 of that Act.

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Part II — Proceeds of Crime and Property used in Crime

Chapter I — Confiscation of the Proceeds of Crime

Confiscation orders

General provision.

70

the court, on the application of the prosecutor, may make an order (a “confiscation order”) requiring the accused to pay such sum as the court thinks fit.

but it does not apply to an offence to which section 1 of the 1987 Act (offences relating to drug trafficking) relates or to an offence under Part III of the 1989 Act (financial assistance for terrorism).

Benefit from commission of offence.

71

the court may, in determining the amount referred to in section 70(5)(a)(ii) of this Act, make the assumptions set out in subsection (5) below, except in so far as the accused proves either of those assumptions, on the balance of probabilities, to be incorrect.

Realisable property.

72

Gifts.

73

it may make an order declaring that the gift or a part of the gift shall not be caught by this Chapter and that the property or part of the property of the recipient of the gift shall not be, or shall cease to be, realisable for the purposes of this Chapter and, if a confiscation order has already been made, varying that order accordingly, where necessary.

of an application under subsection (6) above, and the High Court in determining such an appeal may make such order as could have been made by the court on an application under subsection (6) above.

Making of confiscation orders.

74

but subject to that, the court shall leave the order out of account in determining the appropriate sentence or other manner of dealing with the accused.

Statements relevant to making confiscation orders.

75

the court may require the accused to indicate, within such period as the court may specify, to what extent he accepts each allegation in the statement and, in so far as he does not accept any such allegation, to indicate the basis of such non-acceptance.

the court may, for the purposes of that determination, treat that acceptance as conclusive of the matters to which it relates.

the court shall consider the matters being challenged at a hearing.

Postponed confiscation orders.

76

in relation to the conviction before the decision whether to make a confiscation order is taken.

Increase in benefit or realisable property.

77

which was taken into account when the order was made.

Realisable property inadequate to meet payments under confiscation order.

78

Confiscation orders where proceeds of crime discovered at later date.

79

it may make a confiscation order in relation to that person.

which forms part of the sentence already imposed for the offence concerned.

Application of provisions relating to fines to enforcement of confiscation orders.

80

Interest on sums unpaid under confiscation orders.

81

Exercise of powers

Exercise of powers by court or administrator.

82

Compensation

Compensation.

83

the court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to do so.

Investigations and disclosure of information

Order to make material available.

84

within such period as the order may specify.

This subsection is subject to section 86(11) of this Act.

that the material should be produced or that access to it should be given.

and in this subsection “authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947.

Authority for search.

85

Disclosure of information held by government departments.

86

and an order under that subsection may require the production of all such material or of a particular description of such material, being material in the possession of the department concerned.

and it shall also be the duty of any other officer of the department in receipt of the order to take such steps as are mentioned in paragraph (a) above.

Chapter II — Forfeiture of Property used in Crime

Suspended forfeiture order.

87

make an order (a “suspended forfeiture order”) in respect of that property.

Forfeiture: district court.

88

order that the property shall be forfeited to and vest in the Crown or such other person as the court may direct.

against the same accused in the same proceedings, it may order that the proceeds of sale of the property forfeited by virtue of subsection (1) above shall be first directed towards satisfaction of the compensation order.

Warrant to search for and seize property.

89

he may grant a warrant authorising a person named therein to enter and search the place or premises and seize the property.

it may grant a warrant authorising a person named therein to enter and search the place or premises and seize the property.

Forfeiture of property subject to suspended forfeiture order.

90

shall be forfeited immediately after the making of the suspended forfeiture order.

Recall or variation of suspended forfeiture order.

91

cause a certified copy of the recalling order to be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland.

Property wrongly forfeited: return or compensation.

92

it shall make an order under subsection (2) below.

Appeal against court decision under section 91(1) or 92(2).

93

an order under section 91(1) or 92(2) of this Act, and the High Court in determining such an appeal may make such order as could have been made by the court on an application under that section.

Chapter III — Restraint Orders

Restraint orders.

94

(whenever that property was acquired and whether it is described in the order or not); and

Restraint orders in relation to realisable property.

95

Restraint orders in relation to forfeitable property.

96

Variation and recall of restraint orders.

97

Inhibition of property affected by restraint order or by interdict.

98

Arrestment of property affected by restraint order.

99

Administrators.

100

Schedule 3 to this Act shall have effect as regards the appointment of administrators under this Part of this Act.

Chapter IV — Reciprocal Arrangements for Enforcement of Orders

Recognition and enforcement of orders made in England and Wales.

101

as if the order had originally been made in that Court.

but not including an order in proceedings for enforcement of any such order.

Provisions supplementary to section 101.

102

make such orders and do otherwise as seems to it appropriate.

Inhibition of Scottish property affected by order registered under section 101.

103

Arrestment of Scottish property affected by order registered under section 101.

104

Enforcement of Northern Ireland orders.

105

Enforcement of orders made outside United Kingdom.

106

as appears to Her Majesty to be expedient.

Registration of external confiscation orders.

107

Enforcement of Scottish orders in England and Wales.

108

Order in Council as regards taking of action in designated country.

109

Chapter V — Miscellaneous and General

Sequestration etc. of person holding realisable or forfeitable property.

110

Disposal of family home under Chapter I or II.

111

may refuse to grant the application or may postpone the granting of the application for such period (not exceeding 12 months) as it may consider reasonable in the circumstances or may grant the application subject to such conditions as it may prescribe.

brought by the Crown as it applies to an application under subsection (2)(b) above and, for the purposes of this subsection, any reference in the said subsection (3) to the granting of the application shall be construed as a reference to the granting of decree in the action.

Forfeiture of property where accused has died.

112

may, subject to subsection (5) below, make an order which shall have the effect of forfeiting that property.

the Court may refuse to make an order as mentioned in that subsection.

Transitional provision, amendment of 1987 Act, etc.

113

Interpretation of Part II.

114

and, where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to be instituted at the earliest of those times.

Part III — Supplementary

Interpretation.

115

In this Act, “the 1975 Act” means the Criminal Procedure (Scotland) Act 1975.

Expenses.

116

There shall be paid out of money provided by Parliament—

Minor and consequential amendments and repeals.

117

Short title, commencement and extent.

118

SCHEDULE 1

1

Schedule 1 to the Criminal Justice (Scotland) Act 1980 (which makes provision as regards the sufficiency of evidence by certificate in certain routine matters) shall be amended as follows.

2

Before the entry relating to the Wireless Telegraphy Act 1949 there shall be inserted—

THE PARKS REGULATION ACTS 1872 to 1974 An officer authorised to do so by the Secretary of State. That, on a date specified in the certificate—(a) copies of regulations made under those Acts, prohibiting such activity as may be so specified, were displayed at a location so specified;(b) in so far as those regulations prohibited persons from carrying out a specified activity in the park without written permission, such permission had not been given to a person so specified.

.

3

After the entry relating to the Wireless Telegraphy Act 1949 there shall be inserted—

THE BUILDING (SCOTLAND) ACT 1959 (c. 24)Section 6(1) (prohibition of construction, demolition or change of use of building without warrant). An officer of a local authority authorised to do so by the authority. In relation to a building specified in the certificate, that on a date so specified, there had not been obtained a warrant under section 6 of that Act for construction, demolition or, as the case may be, change of use.
Section 9(5) (offence of occupying or using a building before certificate of completion issued). An officer of a local authority authorised to do so by the authority. That, on a date specified in the certificate—(a) a certificate of completion under section 9 of that Act had not been issued in respect of a building so specified; and(b) written permission for occupation or use of the building so specified, had not been granted under subsection (6) of that section by the local authority.

.

4

In the entry relating to the Firearms Act 1968, for the words in column 2 there shall be substituted “ As respects the matters specified in paragraph (a) of column 3, a constable or a person employed by a police authority, if the constable or person is authorised to do so by the chief constable of the police force maintained for the authority’s area; and as respects the matters specified in paragraph (b) of column 3, an officer authorised to do so by the Secretary of State. ”.

5

After the entry relating to the Social Security Act 1975 there shall be inserted—

THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1975 (c. 21)Section 338(2) (offence of failure of accused to appear at diet after due notice). The clerk of court. That, on a date specified in the certificate, he gave a person so specified, in a manner so specified, notice of the time and place appointed for a diet so specified.

.

6

In the entry relating to the Bail etc. (Scotland) Act 1980, for the words in column 3 there shall be substituted—

In relation to a person specified in the certificate, that—(a) an order granting bail under that Act was made on a date so specified by a court so specified;(b) the order or a condition of it so specified was in force on a date so specified;(c) notice of the time and place appointed for a diet so specified was given to him in a manner so specified;(d) as respects a diet so specified, he failed to appear.

.

7

After the entry relating to the Forgery and Counterfeiting Act 1981 there shall be inserted—

THE WILDLIFE AND COUNTRYSIDE ACT 1981 (c. 69)Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 11(1) and (2), 13(1) and (2) and 14 (certain offences relating to protection of wild animals or wild plants). An officer of the appropriate authority (within the meaning of section 16(9) of that Act) authorised to do so by the authority. In relation to a person specified in the certificate that, on a date so specified, he held, or as the case may be did not hold, a licence under section 16 of that Act and, where he held such a licence—(a) the purpose for which the licence was granted; and(b) the terms and conditions of the licence.

.

8

After the entry relating to the Video Recordings Act 1984 there shall be inserted the following entries—

THE ROAD TRAFFIC ACT 1988 (c.52)Section 165(3) (offence of failure to give name and address and to produce vehicle documents when required by constable). A constable. In relation to a person specified in the certificate, that he failed, by such date as may be so specified, to produce such documents as may be so specified at a police station so specified.
THE CONTROL OF POLLUTION (AMENDMENT) ACT 1989 (c.14)Section 1 (offence of transporting controlled waste without registering). An officer of a regulation authority within the meaning of that Act authorised to do so by the authority. In relation to a person specified in the certificate, that on a date so specified he was not a registered carrier of controlled waste within the meaning of that Act.
THE ENVIRONMENTAL PROTECTION ACT 1990 (c.43)Section 33(1)(a) and (b) (prohibition on harmful depositing, treatment or disposal of waste). An officer of a waste regulation authority within the meaning of that Act authorised to do so by the authority. In relation to a person specified in the certificate that, on a date so specified, he held, or as the case may be he did not hold, a waste management licence.
Section 34(1)(c) (duty of care as respects transfer of waste). An officer of a waste regulation authority within the meaning of that Act authorised to do so by the authority. In relation to a person specified in the certificate, that on a date so specified he was not an authorised person within the meaning of section 34(3)(b) or (d) of that Act.

.

9

After the entry relating to the Social Security Administration Act 1992 there shall be inserted—

THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 (c. 33)Paragraph 5 of Schedule 6 (offence of making false statements to obtain certification as prisoner custody officer). An officer authorised to do so by the Secretary of State. That—(a) on a date specified in the certificate, an application for a certificate under section 114 of that Act was received from a person so specified;(b) the application contained a statement so specified;(c) a person so specified made, on a date so specified, a statement in writing in terms so specified.

.

SCHEDULE 2

.

SCHEDULE 3

Appointment of administrators

1

in accordance with the court’s directions and may (whether on making the appointment or from time to time) require any person having possession of the property to give possession of it to the appointee (any such appointee being in this Act referred to as an “administrator”).

Functions of administrators

2

the right, option or power;

Provided that completion of title in A’s name shall not validate by accretion any unperfected right in favour of any person other than the administrator;

Provided that it shall be incompetent for the administrator or an associate of his (within the meaning of section 74 of the Bankruptcy (Scotland) Act 1985) to purchase any of A’s property in pursuance of this paragraph;

Provided that the administrator shall be personally liable to meet the fees and expenses of any such agent or employee out of such remuneration as is payable to the administrator by virtue of paragraph 6(1) and (3) below;

Money received by administrator

3

Application of proceeds of realisation and other sums

4

shall first be applied in payment of any expenses to the payment of which a person is entitled under paragraph 5(2) of Schedule 4 to this Act and then shall, after such payments (if any) as the court may direct have been made out of those proceeds and sums, be applied on the person’s behalf towards the satisfaction of the confiscation order.

as the court may, after giving such persons an opportunity to be heard as regards the matter, direct.

and the balance shall be payable and recoverable (or as the case may be disposed of) under section 203 or 412 of the 1975 Act (destination of fines) as applied by section 80 of this Act.

Supervision of administrators

5

Accounts and remuneration of administrator

6

Effect of appointment of administrator on diligence

7

Without prejudice to sections 98 and 99 of this Act—

Further provision as to administrators

8

he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.

Discharge of administrator

9

After an administrator has lodged his final accounts under paragraph 6(1) above, he may apply to the accountant of court to be discharged from office; and such discharge, if granted, shall have the effect of freeing him from all liability (other than liability arising from fraud) in respect of any act or omission of his in exercising the functions conferred on him by this Act.

Compensation

10

Rules of court as regards accountant of court’s supervision etc of administrators

11

Without prejudice to section 5 of the Court of Session Act 1988 (power to regulate procedure etc. by Act of Sederunt), provision may be made by rules of court as regards (or as regards any matter incidental to) the accountant of court’s powers and duties under Part II of this Act in relation to the functions of administrators.

Power to facilitate realisation

12

on the administrator making such payment to A out of that estate in respect of A’s interest as the court may direct.

SCHEDULE 4

Sequestration of person holding realisable or forfeitable property

1

is excluded from the debtor’s estate for the purposes of that Act.

and it shall not be competent to submit a claim in relation to the confiscation order to the permanent trustee in accordance with section 48 of that Act.

(a) property comprised in the whole property of the debtor which vests in the trustee under section 97 of the Bankruptcy (Scotland) Act 1913, (b) any income of the bankrupt which has been ordered, under subsection (2) of section 98 of that Act, to be paid to the trustee or any estate which, under subsection (1) of that section, vests in the trustee,

,

and sub-paragraph (3) above shall have effect as if, for the reference in it to the 1985 Act, there were substituted a reference to the said Act of 1913.

Bankruptcy in England and Wales of person holding realisable or forfeitable property

2

is excluded from the bankrupt’s estate for the purposes of Part IX of the Insolvency Act 1986.

Winding up of company holding realisable or forfeitable property

3

Property subject to floating charge

4

Insolvency practitioners dealing with property subject to restraint order

5

he shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by the insolvency practitioner’s negligence; and the insolvency practitioner shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, sequestration or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his actings in connection with those proceedings.

shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under sub-paragraph (1) above) to payment of those expenses under paragraph 4(2) or (4)(a) of Schedule 3 to this Act.

Interpretation

6

SCHEDULE 5

1

The Criminal Justice (Scotland) Act 1987 shall be amended as follows.

2

In section 1 (confiscation orders)—

(2A) Any application under this section shall be made— (a) in proceedings on indictment, when the prosecutor moves for sentence or, if the offender is remitted for sentence under section 104 of the 1975 Act, before sentence is pronounced; and (b) in summary proceedings following the conviction of the accused. (2B) A confiscation order shall not be made unless the court orders some other disposal (including an absolute discharge) in respect of the offender. (2C) If the court decides to make a confiscation order, it shall determine the amount to be payable thereunder before making any decision as to— (a) imposing a fine on the person; (b) making any order involving any other payment by him. (2D) Where a court makes a confiscation order against an accused in any proceedings, it shall, in respect of any offence of which he is convicted in those proceedings, take account of the order before— (a) imposing any fine on him; (b) making any order involving any other payment by him, but subject to that, the court shall leave the order out of account in determining the appropriate sentence or other manner of dealing with the accused. (2E) Where a court makes both a confiscation order and a compensation order under section 58 of the Criminal Justice (Scotland) Act 1980 against the same person in the same proceedings in relation to the same offence and the offence involves the misappropriation of property, it shall direct that the compensation shall be paid first out of any sums applied towards the satisfaction of the confiscation order.

;

3

For section 2 (postponed confiscation orders) there shall be substituted the following section—

(2) (1) If the court considers that it has some, but not sufficient, relevant information for the purpose of enabling it to come to a decision as to whether to make a confiscation order or that it does not have sufficient relevant information to enable it to come to a decision as to the amount to be payable under the confiscation order, it may, subject as the case may be to subsection (6) or (10) below, postpone that decision for a period not exceeding 6 months after the date of conviction for the purpose of enabling further information to be obtained. (2) Without prejudice to sections 179 and 219 (or as the case may be sections 380 and 432) of the 1975 Act, the court may notwithstanding postponement under subsection (1) above and subject to subsection (3) below, proceed, on the prosecutor’s motion therefor, to sentence or to otherwise deal with the accused in respect of the conviction. (3) Where the court proceeds as mentioned in subsection (2) above— (a) no fine shall be imposed on the accused; and (b) no order shall be made involving any other payment by him, in relation to the conviction before the decision whether to make a confiscation order is taken. (4) Where in the case of conviction on indictment a decision has been postponed under subsection (1) above for a period, any intention to appeal under section 228 of the 1975 Act against conviction or against both conviction and any sentence passed during that period in respect of the conviction, shall be intimated under section 231(1) of the 1975 Act not within 2 weeks of the final determination of the proceedings but within 2 weeks of— (a) in the case of an appeal against conviction where there has been no such sentence, the day on which the period of postponement commences; (b) in any other case, the day on which such sentence is passed in open court. (5) Notwithstanding any appeal of which intimation has been given by virtue of subsection (4) above, a person may appeal under section 228 of the 1975 Act against the confiscation order (if the decision is to make one) or against any other sentence passed, after the period of postponement, in respect of the conviction. (6) If during the period of postponement intimation is given by virtue of subsection (4) above by the person, the High Court may, on the application of the prosecutor, extend that period to a date up to 3 months after the date of disposal of the appeal. (7) This subsection applies where in the case of summary conviction a decision has been postponed under subsection (1) above for a period. (8) Where subsection (7) above applies and the offender appeals under section 442 of the 1975 Act against conviction or against both conviction and any sentence passed during the period of postponement— (a) his application for a stated case shall be made not within one week of the final determination of the proceedings but within one week of the day mentioned in paragraph (a) or (b) of subsection (4) above; (b) his draft stated case shall be prepared and issued not within 3 weeks of the final determination of the proceedings but within 3 weeks of the said day. (9) Where subsection (7) above applies, then, notwithstanding any appeal against conviction or sentence or both the offender may appeal under section 442(1)(a)(ii), and the prosecutor may appeal under section 442(1)(b)(ii), of the 1975 Act against any confiscation order or against any other sentence passed, after the period of postponement, in respect of the conviction. (10) Where subsection (7) above applies, then, if during the period of postponement the offender applies for a stated case or lodges a note of appeal, the High Court may, on the application of the prosecutor, extend the period of postponement to a date up to 3 months after the date of disposal of the appeal.

.

4

In section 3 (assessing the proceeds of drug trafficking)—

5

In section 4 (statements relating to drug trafficking)—

(6) Without prejudice to section 2(1) of this Act, where— (a) any allegation in the statement lodged under subsection (1) above is challenged by the accused; or (b) the basis of the non-acceptance by the accused of any such allegation is challenged by the prosecutor, the court shall consider the matters being challenged at a hearing. (7) Where the judge presiding at a hearing held under subsection (6) above is not the trial judge he may, on the application of either party, if he considers that it would be in the interests of justice to do so, adjourn the hearing to a date when the trial judge is available.

.

6

In section 5 (realisable property)—

(1) In this Part of this Act “realisable property” means, subject to subsection (2) below— (a) the whole estate wherever situated of a person— (i) against whom proceedings have been instituted for an offence to which section 1 of this Act relates; or (ii) in respect of whom a restraint order has been made by virtue of section 8(4) of this Act; (b) the whole estate wherever situated of a person to whom any person whose whole estate is realisable by virtue of paragraph (a) above has (directly or indirectly and whether in one transaction or in a series of transactions) made an implicative gift; (c) any other property in the possession or under the control of a person mentioned in paragraph (a) or (b) above; and (d) any income or estate vesting in a person mentioned in paragraph (a) or (b) above. (2) Property is not realisable if— (a) held on trust by a person mentioned in subsection (1)(a) or (b) above for a person not so mentioned; (b) a suspended forfeiture order is in force in respect of the property; or (c) it is, for the time being, subject to a restraint order made in respect of other proceedings. (3) For the purposes of this section proceedings for an offence are instituted against a person— (a) on his arrest without warrant; (b) when he is charged with the offence without being arrested; (c) when a warrant to arrest him is granted; (d) when a warrant to cite him is granted; (e) in summary proceedings, on the first calling of the case; or (f) when a petition is intimated to him or an indictment or a complaint is served on him, and, where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to be instituted at the earliest of those times.

;

(aa) of realisable property held by a person whose estate has been sequestrated, or who has been adjudged bankrupt in England and Wales or Northern Ireland, the court shall take into account the extent to which the property is subject to, as the case may be, sequestration or bankruptcy procedure by virtue of section 33 or 34 of this Act;

;

(7A) Where the court is satisfied, on the application of a person in receipt of an implicative gift made before or after a confiscation order has been made— (a) that the person received the gift not knowing, not suspecting and not having reasonable grounds to suspect that the giver was in any way concerned in drug trafficking; and (b) that he is not, and has never been, associated with the giver in drug trafficking; and (c) that he would suffer hardship if the application were not granted, it may make an order declaring that the gift or a part of the gift shall not be an implicative gift and that the property or part of the property of the recipient of the gift shall not be, or shall cease to be, realisable for the purposes of this Part of this Act and, if a confiscation order has already been made, varying that order accordingly, where necessary. (7B) An appeal shall lie to the High Court at the instance of— (a) the applicant against the refusal; (b) the prosecutor against the granting, of an application under subsection (7A) above. (7C) The procedure in an appeal under this section shall be the same as the procedure in an appeal against sentence.

; and

7

In section 6 (implicative gifts)—

(2) In assessing the value of an implicative gift, the court shall, subject to subsections (3) and (3A) below, take it to be the greater of— (a) the value of the gift when received adjusted to take account of subsequent changes in the value of money; or (b) both of the following— (i) the likely market value, on the date on which the confiscation order is to be made, of— (A) the gift, if retained; or (B) where the recipient of the gift retains only part of it, the retained part, and any property or part of any property which, directly or indirectly, represents the gift; or (C) where the recipient of the gift retains no part of it, any property or part of any property which, directly or indirectly, represents the gift; and (ii) the value of any other property and any other economic advantage which by reason of the making of the gift the recipient of the gift has obtained, directly or indirectly, prior to the date on which the confiscation order is to be made, adjusted to take account of subsequent changes in the value of money. (3) The circumstances in which the accused is to be treated as making a gift include those where he transfers an interest in property to another person directly or indirectly for a consideration the value of which is significantly less than the value of that interest at the time of transfer; and in those circumstances the value of the gift shall be the difference between the value of that consideration and the value of that interest at the time of transfer adjusted to take account of subsequent changes in the value of money. (3A) Where an implicative gift was in the form of money and the recipient of the gift shows that, on the balance of probabilities, the money or any of it has not been used to purchase goods or services or to earn interest or any other return, the value of the gift or such part of it as has not been so used shall be taken to be the face value of the money or, as the case may be, unused amount of the money. (3B) In subsection (3A) above, “money” includes cheques, banknotes, postal orders, money orders and foreign currency.

; and

8

After section 6 (implicative gifts) there shall be inserted the following sections—

(6A) (1) This section applies where the court which made a confiscation order is satisfied, on an application made by the prosecutor, that at the time the application is made the value of the proceeds of the person’s drug trafficking, or the amount that might be realised, is greater than— (a) the value of the proceeds of the person’s drug trafficking; or, as the case may be, (b) the amount that might be realised, which was taken into account when the order was made. (2) The considerations by reference to which to court may be satisfied as mentioned in subsection (1) above shall include— (a) the value of the proceeds of the person’s drug trafficking was greater than was taken into account when the confiscation order was made or has increased since the order was made; or (b) further proceeds of drug trafficking have been obtained since the confiscation order was made; or (c) the value of realisable property was greater than was taken into account when the confiscation order was made; or (d) any realisable property taken into account at the time when the confiscation order was made has subsequently increased in value; or (e) the amount, or part of the amount, of a gift which was disregarded under section 5(7) of this Act could now be realised. (3) An application under subsection (1) above shall be made as soon as is reasonably practicable after the relevant information becomes available to the prosecutor but in any event within 6 years commencing with the date when the person was convicted of the offence. (4) Where this section applies— (a) the court may make a new confiscation order for the payment of such sum as appears to the court to be appropriate having regard to what is now shown to be the value of the proceeds of drug trafficking or the amount that might be realised; and (b) if the earlier confiscation order has not been satisfied, then the court, in making the new confiscation order, shall recall the earlier order and may take into account the amount unpaid (including any interest payable by virtue of section 15(1) of the Criminal Justice (International Co-operation) Act 1990) under the earlier order. (5) Section 4 of this Act shall, subject to any necessary modifications, apply in relation to the making of a new confiscation order in pursuance of this section as it applies where the prosecutor has moved for a confiscation order under section 1 of this Act. (6) The assumptions mentioned in section 3(2) of this Act shall not apply for the purposes of this section. (6B) (1) This section applies where no confiscation order has been made in relation to an offence under section 1 or 2 of this Act. (2) Where the court, on an application made to it by the prosecutor under this section, is satisfied— (a) that a person convicted of an offence to which this Part of this Act relates was in receipt of the proceeds of drug trafficking in respect of that offence; (b) that the information necessary to enable a confiscation order to be made on the date on which an application under section 1 of this Act was or could have been made was not available to the prosecutor, it may make a confiscation order in relation to that person. (3) An application under this section shall be made as soon as is reasonably practicable after the relevant information becomes available to the prosecutor but in any event within 6 years commencing with the date when the person was convicted of the offence. (4) In determining the sum to be payable under a confiscation order made in pursuance of this section, the court shall take into account— (a) any order involving any payment by the offender; (b) any order under section 87 of the Criminal Justice (Scotland) Act 1995 or an order for forfeiture under any other enactment made in respect of the offender, which forms part of the sentence already imposed for the offence concerned. (5) In determining such sum the court may take into account any payment or other reward received by the offender on or after the date of conviction, but only if the prosecutor satisfies the court that it was received by the offender in connection with drug trafficking carried on by the offender or another on or before that date. (6) Section 4 of this Act shall, subject to any necessary modifications, apply in relation to the making of a confiscation order in pursuance of this section as it applies where the prosecutor has moved for a confiscation order under section 1 of this Act. (7) Section 1(2B), (2C), (2D) and (2E) of this Act shall not apply in relation to a confiscation order made in pursuance of this section. (8) The assumptions mentioned in section 3(2) of this Act shall not apply for the purposes of this section. (9) Where the court makes a confiscation order in pursuance of this section and a compensation order has been made under section 58 of the Criminal Justice (Scotland) Act 1980 in respect of misappropriation of property by the offender, the court shall direct that compensation shall first be paid out of any sums applied towards the satisfaction of the confiscation order to the extent of any sums outstanding in respect of the compensation order. (10) In this section “the court” means the court which had jurisdiction in respect of the offence concerned to make a confiscation order under section 1 of this Act.

.

9

In section 7 (application of provisions relating to fines to enforcement of confiscation orders)—

but as if subsection (1)— (a) gave the prosecutor an opportunity to be heard at any enquiry thereunder; and (b) applied whether the offender was in prison or not;

; and

(2A) Where a court, by virtue of subsection (1) above, orders the sum due under a confiscation order to be recovered by civil diligence under section 411 of the Criminal Procedure (Scotland) Act 1975, any arrestment executed by a prosecutor under subsection (2) of section 11A of this Act shall be deemed to have been executed by the court as if that subsection authorised such execution.

.

10

After section 7 (application of provisions relating to fines to enforcement of confiscation orders) there shall be inserted the following section—

(7A) Section 111 of the Criminal Justice (Scotland) Act 1995 shall apply in respect of a person’s family home if a confiscation order has been made in relation to that person as it applies in respect of a person’s family home if a confiscation order has been made in relation to that person under section 70(1) of that Act but as if for subsection (1) there were substituted the following subsection— (1) This section applies where a confiscation order has been made in relation to any person and the prosecutor has not satisfied the court that the person’s interest in his family home has been acquired by means of the proceeds of drug trafficking.

.

11

For sections 8 (cases in which restraint orders may be made) and 9 (restraint orders) there shall be substituted the following sections—

(8) (1) The court may, on the application of the prosecutor, make an order (in this Part of this Act referred to as a “restraint order”) in the circumstances mentioned in either subsection (3) or (4) below interdicting— (a) any person named in the order from dealing with his realisable property; or (b) that person and any person named in the order as appearing to the court to have received from him an implicative gift from dealing with their own, or the other’s, realisable property, (whenever that property was acquired and whether it is described in the order or not). (2) A restraint order may contain conditions and exceptions to which the interdict shall be subject and in particular— (a) may make provision for the release to the person named in the order of such reasonable living expenses as the court thinks fit; and (b) shall provide for the release of property in so far as it is required to meet reasonable legal expenses payable or likely to be payable in relation to proceedings— (i) as regards the offence by virtue of which the restraint order has been made; or (ii) as regards a confiscation order made on conviction of the offence. (3) For the purposes of this subsection, the circumstances are— (a) proceedings have been instituted against an accused in Scotland for an offence to which section 1 of this Act relates; (b) the proceedings have not been concluded; and (c) either a confiscation order has been made or it appears to the court that, in the event of his conviction of the offence, there are reasonable grounds for thinking that a confiscation order may be made in those proceedings. (4) For the purposes of this subsection, the circumstances are that the court is satisfied that— (a) it is proposed to institute proceedings within 28 days against a person suspected of such an offence and it appears to the court that, in the event of his conviction of the offence, there are reasonable grounds for thinking that a confiscation order may be made in those proceedings; or (b) the prosecutor has made, or proposes within 28 days to make, an application under section 6A or, as the case may be, section 6B of this Act in relation to that person in respect of the offence and it appears to the court that there are reasonable grounds for thinking that the application may be granted. (5) Where the court has made a restraint order in the circumstances mentioned in subsection (4)(a) or (b) above and no proceedings have been instituted or application made within 28 days as mentioned in that subsection, the prosecutor shall forthwith apply to the court for the recall of the order and the court shall grant the application. (6) When proceedings for the offence or, as the case may be, proceedings on an application under section 6A or 6B of this Act are concluded, the prosecutor shall forthwith apply to the court for recall of the order and the court shall grant the application. (7) A restraint order shall— (a) be made on an ex parte application which shall be heard in chambers; and (b) without prejudice to the time when it becomes effective, be intimated to each person affected by it. (8) For the purposes of this Part of this Act, dealing with property includes (without prejudice to the generality of the expression)— (a) making a payment to any person in reduction of the amount of a debt; (b) removing the property from the jurisdiction of the court; and (c) transferring or disposing of the property. (9) In this section and sections 9 to 12 of this Act, “the court” means where, as regards the criminal proceedings in question, a trial diet or a diet fixed for the purposes of section 102 of the 1975 Act is intended to be held, is being or has been held— (a) in the High Court of Justiciary, the Court of Session; (b) in the sheriff court, a sheriff of that court exercising his civil jurisdiction. (10) For the purposes of this section, proceedings on an application under section 6A or 6B of this Act are concluded— (a) when the application is refused; or (b) where the application is granted, when a confiscation order made in the proceedings is satisfied (whether by payment of the amount due under the order or by the accused serving imprisonment in default). (11) References in this section to the institution of proceedings for an offence against a person shall be construed in accordance with section 5(3) of this Act. (9) (1) Subject to subsections (2) and (3) below, the court may, at the instance of— (a) the prosecutor, at any time vary or recall a restraint order in relation to any person or to any property; (b) any person having an interest, at any time vary or recall a restraint order in relation to the person or to any property. (2) On an application made under subsection (1)(b) above of a person named in a restraint order as having received an implicative gift, the court may recall the order in relation to that person if it is satisfied on the balance of probabilities— (a) that he received the gift not knowing, not suspecting and not having reasonable grounds to suspect that the gift was made in contemplation of, or after, the commission of the offence or if more than one, in contemplation of any of the offences or after the commission of the earlier or the earliest of the offences to which the proceedings for the time being relate; and (b) that he was not associated with the giver in the commission of the offence; and (c) that he would suffer hardship if the order were not recalled. (3) Where an application has been made under subsection (1) above for the variation or recall of a restraint order, any property in relation to which the restraint order was made shall not be realised during the period beginning with the making of the application and ending with the determination of the application by the court. (4) The court may, where it has recalled a restraint order as mentioned in subsection (1)(b) or (2) above, order that property of the person at whose instance it was recalled shall cease to be realisable. (5) The prosecutor or any person having an interest may reclaim or appeal to the Court of Session against an interlocutor refusing, varying or recalling or refusing to vary or recall a restraint order, within such period as may be prescribed by act of sederunt. (6) Where, in relation to a restraint order which is recalled, interdict has been granted under section 12(1) of this Act, the clerk of court shall, on the restraint order being recalled, forthwith so inform each person so interdicted.

.

12

In section 11 (inhibition and arrestment of property affected by restraint order or by interdict under section 12)—

13

After section 11 there shall be inserted the following section—

(11A) (1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor. (2) A warrant under subsection (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly. (3) The fact that an arrestment has been executed under subsection (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Act in respect of that property. (4) No arrestment executed under subsection (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.

.

14

In section 12 (interdict of person not subject to a restraint order)—

(2) Subsections (2)(a) and (7)(a) of section 8 of this Act shall apply in relation to an interdict under subsection (1) above as they apply in relation to a restraint order; and subsections (1), (2), (4) and (5) of section 9 thereof shall apply in relation to subsection (1) above as they apply in relation to subsection (1) of the said section 9.

; and

(3) Without prejudice to the time when it becomes effective, an interdict under subsection (1) above shall be intimated to every person affected by it.

.

15

In section 13 (administrators)—

16

In section 14 (functions of administrators)—

17

In section 16 (application of proceeds of realisation and other sums)—

(d) next, in accordance with any direction given by the court under section 1(2E) or 6B(9) of this Act,

;

18

In section 17 (supervision of administrators), in subsection (2), for the words “Court of Session” and “Court” where they occur there shall be substituted the word “ court ”.

19

In section 18 (accounts and remuneration of administrator), for the words “Court of Session” and “Court” where they occur there shall be substituted the word “ court ”.

20

In section 19 (effect of appointment under section 13 of that Act on diligence) for the words “section 11” there shall be substituted “ sections 11 and 11A ”.

21

In section 20 (further provision as to administrators), at the end there shall be added the following subsection—

(3) Any disposal of property under section 13 of this Act to a person taking in good faith shall vest the ownership of the property in that person.

.

22

In section 23 (exercise of powers by Court of Session or administrator)—

23

In section 24 (power to facilitate realisation), for the words “Court of Session” there shall be substituted the word “ court ” and thereafter for the word “Court” where it appears there shall be substituted the word “ court ”.

24

For section 25 (variation of confiscation order), there shall be substituted the following section—

(25) (1) This section applies where the court which made a confiscation order is satisfied on the balance of probabilities, on an application made to it by the offender or the prosecutor, that the value of the realisable property is inadequate to meet any outstanding amount payable (including any interest payable by virtue of section 15(1) of the Criminal Justice (International Co-operation) Act 1990) under the confiscation order. (2) When considering whether the value of the realisable property is inadequate the court— (a) shall, unless already taken into account under section 5(5)(aa) of this Act, take into account the extent to which property held by a person whose estate has been sequestrated or who has been adjudged bankrupt is subject to, as the case may be, sequestration or bankruptcy procedure by virtue of section 33 or 34 of this Act; and (b) may disregard any inadequacy which appears to it to be attributable, wholly or partly, to anything done by the offender for the purpose of protecting the realisable property from realisation. (3) Where this section applies, the court shall recall the confiscation order and make a new confiscation order for the payment of such sum of a lesser amount than that for which the original order was made which appears to the court to be appropriate having regard to— (a) the value of the realisable property as determined under subsection (1) above; and (b) any amount paid in pursuance of the original order. (4) Section 4 of this Act shall, subject to any necessary modifications, apply in relation to the making of a new confiscation order in pursuance of this section as it applies where the prosecutor has moved for a confiscation order under section 1 of this Act.

.

25

In section 26 (compensation)—

(b) where he is convicted of one or more such offences— (i) the conviction or convictions concerned are quashed (and no conviction for any such offence is substituted); or (ii) he is pardoned by Her Majesty in respect of the conviction or convictions concerned,

;

(1A) Subsection (1) above is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) and (b) of subsection (2) below.

;

; and (e) an officer of the Commissioners of Inland Revenue, by those Commissioners.

; and

(5) Where the court, on an application made to it by a person other than the accused or the recipient of an implicative gift is satisfied on the balance of probabilities that in relation to any property realised under section 13 of this Act he was the owner of, or a person otherwise having an interest in, the property immediately before such realisation, it shall make an order directing the Crown to pay to that person compensation of an amount equal to the consideration received for the property or, as the case may be, interest or the value of any such consideration at the time of such realisation, or, if no consideration was received, an amount equal to the value of the property or interest at the time of the realisation. (6) An application for compensation under this section shall be made not later than three years after the conclusion of the proceedings in respect of which the confiscation order was made.

.

26

After section 28 (provisions supplementary to section 27), there shall be inserted the following sections—

(28A) (1) On the application of the Lord Advocate, the Court of Session may in respect of heritable realisable property in Scotland affected by a restraint order registered under section 27 of this Act (whether such property generally or particular such property) grant warrant for inhibition against any person with an interest in that property; and the warrant— (a) shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly; (b) shall have the effect of letters of inhibition and shall forthwith be registered by the Lord Advocate in the Register of Inhibitions and Adjudications. (2) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under subsection (1) above as that section applies to an inhibition by separate letters or contained in a summons. (3) In the application of section 158 of that Act of 1868 (recall of inhibition) to such an inhibition as is mentioned in subsection (2) above, references in that section to a particular Lord Ordinary shall be construed as references to any Lord Ordinary. (4) The fact that an inhibition has been executed under subsection (1) above in respect of property shall not prejudice the exercise of a receiver’s powers under or for the purposes of section 26, 29 or 30 of the Drug Trafficking Act 1994 in respect of that property. (5) No inhibition executed under subsection (1) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for the inhibition has been granted has ceased to have effect in respect of that property; and the Lord Advocate shall— (a) apply for the recall, or as the case may be restriction, of the inhibition; and (b) ensure that the recall, or restriction, of an inhibition on such application is reflected in the Register of Inhibitions and Adjudications. (6) Any power of the Court of Session to recall, loose or restrict inhibitions shall, in relation to an order containing an inhibition under subsection (1) above and without prejudice to any other consideration lawfully applying to the exercise of the power, be exercised with a view to achieving the purposes specified in section 31 of the Drug Trafficking Act 1994. (28B) (1) On the application of the Lord Advocate, the Court of Session may, in respect of moveable property affected by a restraint order registered under section 27 of this Act (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor. (2) A warrant under subsection (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly. (3) The fact that an arrestment has been executed under subsection (2) above in respect of property shall not prejudice the exercise of a receiver’s powers under or for the purposes of section 26, 29 or 30 of the Drug Trafficking Act 1994 in respect of that property. (4) No arrestment executed under subsection (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the Lord Advocate shall apply to the Court of Session for an order recalling, or as the case may be, restricting the arrestment accordingly. (5) Any power of the Court of Session to recall, loose or restrict arrestments shall, in relation to an arrestment proceeding upon a warrant under subsection (1) above and without prejudice to any other consideration lawfully applying to the exercise of the power, be exercised with a view to achieving the purposes specified in section 31 of the Drug Trafficking Act 1994.

.

27

In section 30 (enforcement of other external orders)—

28

In section 32 (Orders in Council as regards taking action in designated country)—

(3) An Order in Council under this section may amend or apply, with or without modifications, any enactment.

.

29

In section 33 (sequestration of person holding realisable property)—

(a) property, other than heritable property situated in Scotland, for the time being subject to a restraint order made before the date of sequestration (within the meaning of section 12(4) of the 1985 Act) and heritable property situated in Scotland for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before such date of sequestration;

; and

30

In section 34 (bankruptcy in England and Wales of person holding realisable property)—

(a) property, other than heritable property situated in Scotland, for the time being subject to a restraint order made before the order adjudging him bankrupt and heritable property situated in Scotland for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before the order adjudging him bankrupt was made;

; and

31

In section 35 (winding up company holding realisable property)—

(a) property, other than heritable property situated in Scotland, for the time being subject to a restraint order made before the relevant time and heritable property situated in Scotland for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before the relevant time;

;

(4A) Where an order for the winding up of a company has been made or a resolution has been passed by a company for its voluntary winding up and before the relevant time the company has directly or indirectly made an implicative gift— (a) no order or, as the case may be, decree shall, at any time when proceedings as regards an offence to which section 1 of this Act relates have been instituted against the company and have not been concluded or when property of the person to whom the gift was made is subject to a restraint order, be made under section 238 or 239 of the Insolvency Act 1986 (transactions at an undervalue and preferences) or granted under section 242 or 243 of that Act (gratuitous alienations and unfair preferences) in respect of the making of the gift; and (b) any order made under either of the said sections 238 or 239 or decree granted under either of the said sections 242 and 243 after the conclusion of the proceedings shall take into account any realisation under this Act of property held by the person to whom the gift was made.

.

32

In section 36 (property subject to floating charge)—

(a) so much of it, not being heritable property situated in Scotland, as is for the time being subject to a restraint order made before the appointment of the receiver and so much of it, being heritable property situated in Scotland, as is for the time being subject to a restraint order recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland before the such appointment;

; and

33

After section 37 (insolvency practitioners dealing with property subject to restraint order), there shall be inserted the following section—

(37A) (1) Section 112 of the Criminal Justice (Scotland) Act 1995 shall, subject to any necessary modifications, apply in respect of an offence to which Part I of this Act relates as it applies to an offence to which Chapter I of Part II of that Act applies. (2) Without prejudice to subsection (1) above, in the application of subsection (2) of that section, in paragraph (b)(i) for the words “in connection with the commission of the offence” there shall be substituted the words “in connection with drug trafficking”.

34

In section 41(2) (disclosure of information held by government departments)—

35

In section 44(1) (offences relating to controlled drugs: fines), for the words “the proviso to subsection (1)” there shall be substituted “ subsection (3)(a) ”.

36

In section 47 (interpretation of Part I)—

“confiscation order” means an order under section 1(1), 6A, 6B or 25 of this Act;

; and

“the court” means— (a) for the purpose of sections 1 to 7A, the High Court of Justiciary or sheriff court; (b) for the purposes of sections 8 to 26 and 33 to 37, the Court of Session or the sheriff court;

;

(6) Any reference in this Part of this Act to a conviction of an offence includes a reference to a finding that the offence has been committed.

.

SCHEDULE 6

Part I — Amendments Relating to Part I

The Criminal Procedure (Scotland) Act 1887 (c. 35)

1

Section 3 of and Schedules D (form of execution of citation of witnesses), E (form of execution of citation of jurors), N (form of notice of further diet) and O (form of notice of postponed second diet) to the Criminal Procedure (Scotland) Act 1887 shall cease to have effect.

The Criminal Justice (Scotland) Act 1949 (c. 94)

2

Schedule 7 to the Criminal Justice (Scotland) Act 1949 (forms of notices to accused in proceedings on indictment) shall cease to have effect.

The Summary Jurisdiction (Scotland) Act 1954 (c. 48)

3

Parts I and III to VI of Schedule 2 (forms of procedure) and Schedule 3 (table of fees) to the Summary Jurisdiction (Scotland) Act 1954 shall cease to have effect.

The Backing of Warrants (Republic of Ireland) Act 1965 (c.45)

4

In section 8(1)(b) of the Backing of Warrants (Republic of Ireland) Act 1965 (rules of court), for the words “457(a)” there shall be substituted “ 457ZA ”.

The Criminal Justice Act 1967 (c. 80)

5

In section 69(2) of the Criminal Justice Act 1967 (extension of enactments relating to persons sentenced to imprisonment or detention to young offenders), the words “, section 40 of the Prisons (Scotland) Act 1989” shall cease to have effect.

The Criminal Procedure (Scotland) Act 1975 (c. 21)

6

The Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

7

In section 6(3) (jurisdiction and procedure in respect of certain indictable offences committed abroad)—

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

.

8

Sections 14(3) and 323(3) (warrant to search for or remove any person accused of an offence in respect of a child) shall cease to have effect.

9

After section 15 there shall be inserted the following section—

(15A) Any warrant for search or apprehension granted under this Part of this Act shall be signed by the judge granting it, and execution upon any such warrant may proceed either upon the warrant itself or upon an extract of the warrant issued and signed by the clerk of court.

.

10

In section 18(3) (penalty for breach of undertaking to appear), for the words “£200” there shall be substituted “ level 3 on the standard scale ”.

11

In section 19(1)(a) (intimation to a solicitor), for the words from “of” to the end there shall be substituted—

(i) of the place where the person is being detained; (ii) whether the person is to be liberated; and (iii) if the person is not to be liberated, the date on which he is to be taken to court and the court to which he is to be taken;

.

12

Section 20(2) (record where accused does not emit declaration) shall cease to have effect.

13

In section 20B(9) (service of transcript of record of proceedings at examination)—

14

In each of sections 23 and 329 (remand and committal of persons under 21)—

, instead of committing him to prison, commit him to the local authority in whose area the court is situated to be detained— (i) where the court so requires, in secure accommodation within the meaning of the Social Work (Scotland) Act 1968; and (ii) in any other case, in a suitable place of safety chosen by the authority;

; and

to be detained— (a) where the court so requires, in secure accommodation within the meaning of the Social Work (Scotland) Act 1968; and (b) in any other case, in a suitable place of safety chosen by the authority.

.

15

In section 26 (bail before committal)—

16

In section 31 (appeal in respect of bail), after subsection (4) there shall be inserted the following subsection—

(4A) Where an applicant in an appeal under this section is under 21 years of age, section 23 of this Act shall apply to the High Court or, as the case may be, the Lord Commissioner of Justiciary when disposing of the appeal as it applies to a court when remanding or committing a person of the applicant’s age for trial or sentence.

.

17

In section 33 (liberation of applicant when appeal by public prosecutor)—

shall cease to have effect.

18

For section 42 (procedure on resignation, death or removal of Lord Advocate) there shall be substituted the following section—

(42) (1) All indictments which have been raised by a Lord Advocate shall remain effective notwithstanding his subsequently having died or demitted office and may be taken up and proceeded with by his successor. (2) During any period when the office of Lord Advocate is vacant it shall be lawful to indict accused persons in the name of the Solicitor General then in office. (3) The advocates depute shall not demit office when a Lord Advocate dies or demits office but shall continue in office until their successors receive commissions. (4) The advocates depute and procurators fiscal shall have power, notwithstanding any vacancy in the office of Lord Advocate, to take up and proceed with any indictment which— (a) by virtue of subsection (1) above, remains effective; or (b) by virtue of subsection (2) above, is in the name of the Solicitor General. (5) For the purposes of this Act, where, but for this subsection, demission of office by one Law Officer would result in the offices of both being vacant, he or, where both demit office on the same day, the person demitting the office of Lord Advocate shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted. (6) The Lord Advocate shall enter upon the duties of his office immediately upon the grant of his warrant of appointment; and he shall as soon as is practicable thereafter take the oaths of office before any Secretary of State or any Lord Commissioner of Justiciary.

.

19

After section 48 there shall be inserted the following sections—

(48A) It shall be competent to include in one indictment both common law and statutory charges. (48B) In an indictment the description of any offence in the words of the statute or order contravened, or in similar words, shall be sufficient.

.

20

In section 50 (latitude as to time and place), after subsection (3) there shall be inserted the following subsection—

(4) Notwithstanding subsection (3) above, nothing in any rule of law shall prohibit the amendment of an indictment to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused.

.

21

In section 54 (“money” to include coin, bank notes and post office orders), for the words from “all” to the end there shall be substituted “ cheques, banknotes, postal orders, money orders and foreign currency ”.

22

In subsection (2) of section 58 (authentication of deletion or correction on service copy of indictment etc.), for the word “or” in the fourth place where it occurs there shall be substituted—

shall be sufficiently authenticated by the initials of any procurator fiscal or of the person serving the same. (3) Any deletion or correction made

.

23

After section 60 there shall be inserted the following section—

(60A) In any proceedings under the Merchant Shipping Acts it shall not be necessary to produce the official register of the ship referred to in the proceedings in order to prove the nationality of the ship, but the nationality of the ship as stated in the indictment shall, in the absence of evidence to the contrary, be presumed.

.

24

Sections 62 and 313 (mode of charging certain offences committed against two or more children under 17) shall cease to have effect.

25

In section 68 (notice of previous convictions), in each of subsections (2) and (4), the words “of Form No. 1 of Schedule 7 to the Criminal Justice (Scotland) Act 1949 or in the form” shall cease to have effect.

26

In section 69 (warrants for citation)—

(2) A witness may be cited by sending the citation to the witness by ordinary or registered post or by the recorded delivery service and a written execution in the form prescribed by Act of Adjournal or as nearly as may be in such form, purporting to be signed by the person who served such citation together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such citation.

.

27

In section 72 (citation of jurors and witnesses)—

(2) A court shall not issue a warrant to apprehend a witness who fails to appear at a diet to which he has been duly cited unless the court is satisfied that the witness received the citation or that its contents came to his knowledge.

.

28

In section 73(1) (execution of citation of indictment), the words from “, unless” to the end shall cease to have effect.

29

In section 77 (alteration of trial diet), for paragraphs (a) and (b) there shall be substituted the words “ two months ”.

30

In section 78(1) (lodging of record copy of indictment and list of witnesses), for the words from “record” to the end there shall be substituted “ prosecutor shall on or before the date of service of the indictment lodge the record copy of the indictment with the clerk of court before which the trial is to take place, together with a copy of the list of witnesses and a copy of the list of productions. ”.

31

In section 79(1) (description of witnesses), for the words from “, with” to the end there shall be substituted “ together with an address at which they can be contacted for the purposes of precognition. ”.

32

In section 80(1) (objection to witnesses), after the word “accused” there shall be inserted “ , where the case is to be tried in the sheriff court, at or before the first diet and, where the case is to be tried in the High Court, ”.

33

In section 81 (examination by prosecutor of witnesses, etc. not included in lists lodged) after the word “address” there shall be inserted “ as mentioned in section 79(1) above, ”.

34

In section 82 (notice of special defence, incrimination etc.)—

(b) the court, on cause shown, otherwise directs.

; and

(a) written notice of the names and addresses of such witnesses and of such productions shall have been given— (i) where the case is to be tried in the sheriff court, to the procurator fiscal of the district of the trial diet at or before the first diet; and (ii) where the case is to be tried in the High Court, to the Crown Agent at least ten clear days before the day on which the jury is sworn; or (b) the court, on cause shown, otherwise directs, in which case it

.

35

For section 85 (45 jurors to be returned for trials), there shall be substituted the following section—

(85) For the purposes of a trial, the sheriff principal shall return such number of jurors as he thinks fit or, in relation to a trial in the High Court, such other number as the Lord Justice Clerk or any Lord Commissioner of Justiciary may direct.

.

36

In section 93 (names of jurors to be inserted in one roll), for the word “designations” there shall be substituted “ addresses ”.

37

In section 100 (no exemptions by sex or marriage from liability to serve as juror), in subsection (1) the words from “but” to the end of the subsection, and subsections (2) and (3), shall cease to have effect.

38

In section 103(1) (pleas of guilty), after the word “he” where it first occurs there shall be inserted “ shall do so in open court and ”.

39

In section 108 (certain objections competent only at preliminary diet)—

40

Section 110 (where sentence delayed, original warrant of commitment stands) shall cease to have effect.

41

After section 114 there shall be inserted the following section—

(114A) (1) Where an accused person has been cited to attend a sitting of the sheriff court the prosecutor may, at any time before the commencement of his trial, apply to the sheriff to transfer the case to a sheriff court in any other district in that sheriffdom. (2) On an application under subsection (1) above the sheriff may— (a) after giving the accused or his counsel or solicitor an opportunity to be heard; or (b) on the joint application of the parties, make an order for the transfer of the case.

.

42

In section 124 (plea of guilty at trial diet), the proviso shall cease to have effect.

43

For section 125 (on plea of not guilty, jury to be balloted and sworn) there shall be substituted the following section—

(125) Where the accused pleads not guilty, the clerk of court shall record that fact and proceed to ballot the jury.

.

44

In section 127 (procedure where trial does not take place)—

(1ZA) Without prejudice to subsection (1) above, where a trial diet has been deserted pro loco et tempore and the court has appointed a further trial diet to be held on a subsequent date at the same sitting the accused shall require to appear and answer the indictment at that further diet.

;

(5) The warrant issued under section 69 of this Act shall be sufficient warrant for the citation of the accused and witnesses to any further diet appointed under this section.

.

45

In section 129 (procedure for selection of jurors), for the words from “which” to the end there shall be substituted “ in such manner as shall be prescribed by Act of Adjournal, and the persons so chosen shall be the jury to try the accused, and their names shall be recorded in the minutes of the proceedings. ”.

46

Section 132(2) (procedure in High Court trials where jurors chosen for one trial may continue to serve) shall cease to have effect.

47

In section 134 (provision for death or illness of jurors)—

48

In section 135 (clerk to state charge and swear jury)—

(2) Subject to subsection (3) below, where the accused has lodged a plea of special defence, the clerk of court shall, after informing the jury, in accordance with subsection (1) above, of the charge against the accused, and before administering the oath, read to the jury the plea of special defence. (3) Where the presiding judge on cause shown so directs, the plea of special defence shall not be read over to the jury in accordance with subsection (2) above; and in any such case the judge shall inform the jury of the lodging of the plea and of the general nature of the special defence. (4) Copies of a plea of special defence shall be provided for each member of the jury.

.

49

In section 140A(1)(b) (no case to answer), the words “were the offence charged the only offence so charged” shall cease to have effect.

50

For section 142 (evidence of the accused) there shall be substituted the following section—

(142) Where, in any trial, the accused is to be called as a witness he shall be so called as the first witness for the defence unless the court, on cause shown, otherwise directs.

.

51

Section 144 (notice of spouse as witness) shall cease to have effect.

52

Section 145(4) (interruption of trial) shall cease to have effect.

53

Section 146 (sheriff’s notes of evidence) shall cease to have effect.

54

In each of sections 148 and 340 (examination of witnesses)—

(2) The judge may, on the motion of either party, on cause shown order that the examination of a witness for that party (“the first witness”) shall be interrupted to permit the examination of another witness for that party. (3) Where the judge makes an order under subsection (2) above he shall, after the examination of the other witness, permit the recall of the first witness.

.

55

In section 150 (admissions and agreements as to evidence in solemn proceedings)—

(a) in the case of an admission, by the party making the admission or, if that party is the accused and he is legally represented, his counsel or solicitor; and (b) in the case of an agreement, by the prosecutor and by the accused or, if he is legally represented, his counsel or solicitor

.

56

In section 151(2) (application to have all or part of record of proceedings at judicial examination withheld from jury)—

57

In section 153 (seclusion of jury, etc, after retiral)—

58

In section 156 (interruption of trial to give direction to jury in preceding trial)—

shall cease to have effect.

59

In section 157 (interruption of trial for plea or sentence in another cause)—

shall cease to have effect.

60

Section 159(1) (previous convictions libelled as aggravations) and (3) (passing of sentence on second or subsequent conviction) and section 356(1) and (3) (equivalent provisions in relation to summary procedure) shall cease to have effect.

61

Section 160(3) (verdict as to whether previous convictions proved) shall cease to have effect.

62

In section 162(3) (proof of convictions), for the words “An official” there shall be substituted “ A prison officer ”.

63

Section 163 (extract conviction to be issued by clerk having record copy of indictment) shall cease to have effect.

64

In each of sections 166 and 362 (power to clear court while child giving evidence), in subsection (1), for the words from “members” to the end there shall be substituted—

(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; or (d) such other persons as the court may specially authorise to be present, shall be excluded from the court during the taking of the evidence of that witness.

.

65

In section 174 (insanity in bar of trial or as ground of acquittal)—

66

In section 176 (requirements as to medical evidence)—

67

In section 178(3) (restriction orders), for the words “section 60(4)” there shall be substituted “ section 60(3) ”.

68

In each of sections 179(1) and 380(1) (power of court to adjourn case before sentence)—

69

After section 182 there shall be inserted the following—

(182A) Where a person is convicted of an offence (other than an offence the sentence for which is fixed by law) the court may, instead of or in addition to imposing a fine or a period of imprisonment, ordain the accused to find caution for good behaviour for a period not exceeding 12 months and to such amount as the court considers appropriate.

.

70

In subsection (7) of each of sections 183 and 384 (notification of probation order)—

; and (b) cause a copy thereof to be given to the probationer or sent to him by registered post or by the recorded delivery service; and an acknowledgement or certificate of delivery of a letter containing such copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

.

71

In each of sections 186(1) and 387(1) (failure to comply with requirement of probation order), the words “on oath” shall cease to have effect.

72

Sections 190 and 391 (supplementary provisions as to probation: security for good behaviour) shall cease to have effect.

73

In section 191(4) (effect of probation and absolute discharge) the words “placed on probation or” and “probation order or” shall cease to have effect.

74

In each of sections 192 and 393 (probation reports), the words from “(other than” to “Act)” and the proviso shall cease to have effect.

75

In each of sections 196(1) and 402 (fines, etc. may be enforced in another district), the proviso shall cease to have effect.

76

Sections 225 (interlocutors to be signed by clerk), 226 (record copies to be inserted in books of adjournal of High Court) and 227 (indictment to be inserted in record book in sheriff court) shall cease to have effect.

77

In section 235 (applications in connection with appeals may be made orally or in writing), the words from “but in regard” to the end shall cease to have effect.

78

In section 236A(3) (judge’s report), for the words “and the parties” there shall be substituted “ , the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed ”.

79

Section 236C (signing of appeal documents) shall cease to have effect.

80

Section 237 (note of proceedings) shall cease to have effect.

81

In section 238 (bail pending appeal), in subsection (2), the words “or of any application for leave to appeal” and, in paragraphs (a)(i) and (b)(i), the words “or application” shall cease to have effect.

82

In section 239 (clerk to give notice of date of hearing)—

shall cease to have effect.

83

In section 240 (appellant may be present at hearing), the words from “except” where it first occurs to the end shall cease to have effect.

84

Section 246 (sittings of the High Court to be arranged by Lord Justice General) shall cease to have effect.

85

In section 254 (disposal of appeals)—

and— (i) making, in respect of the appellant, any order mentioned in section 174ZC(2)(a) to (d) of this Act; or (ii) making no order.

; and

(5) Subsections (3) and (4) of section 174ZC of this Act shall apply to an order made under subsection (4)(b)(i) above as they apply to an order made under subsection (2) of that section.

.

86

After section 254A there shall be inserted the following section—

(254B) No conviction, sentence, judgment, order of court or other proceeding whatsoever in or for the purposes of solemn proceedings under this Act— (a) shall be quashed for want of form; or (b) where the accused had legal assistance in his defence, shall be suspended or set aside in respect of any objections to— (i) the relevancy of the indictment, or the want of specification therein; or (ii) the competency or admission or rejection of evidence at the trial in the inferior court, unless such objections were timeously stated.

.

87

Section 256 (summary dissmissal of frivolous or vexatious appeals) shall cease to have effect.

88

In section 257 (failure to appear at hearing), for the words from the beginning to “where” in the second place where it occurs there shall be substituted—

Where— (a) intimation of the diet appointed for the hearing of an appeal has been made to the appellant; (b) no appearance is made by or on behalf of the appellant at the diet; and (c)

.

89

Section 259 (continuation of hearing) shall cease to have effect.

90

In section 263 (prerogative of mercy), after subsection (2) there shall be inserted the following subsection—

(3) This section shall apply in relation to a finding under section 174ZA(2) and an order under section 174ZC(2) of this Act as it applies, respectively, in relation to a conviction and a sentence.

.

91

In section 263A (power of Lord Advocate to refer point of law for opinion of High Court)—

92

In section 264 (disqualification, forfeiture etc.)—

(4) Where, upon conviction, a fine has been imposed on a person or a compensation order has been made against him under section 58 of the Criminal Justice (Scotland) Act 1980, then, for a period of four weeks from the date of the verdict against such person or, in the event of an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b), (bb), (bc) or (bd) or 228A of this Act a note of appeal) being lodged under this Part of this Act, until such appeal, if it is proceeded with, is determined,— (a) the fine or compensation order shall not be enforced against that person and he shall not be liable to make any payment in respect of the fine or compensation order; and (b) any money paid by that person under the compensation order shall not be paid by the clerk of court to the person entitled to it under section 60(1) of the Act of 1980.

.

93

In section 265 (fines and caution)—

94

In section 268 (reckoning of time spent on bail pending appeal), in subsection (4)—

95

In section 269 (extract convictions), after the words “section 228(1)(b)” there shall be inserted “ , (bb), (bc), or (bd) ”.

96

In section 270 (release of documents, productions etc. after trial), the following provisions shall cease to have effect—

97

Sections 272 (note to be kept of appeal) and 273 (register of appeals) shall cease to have effect.

98

In section 274(5)(e) (record of proceedings at trial), for the words “summing up by the judge” there shall be substituted “ judge’s charge to the jury ”.

99

Section 276 (declaration administered to shorthand writer) shall cease to have effect.

100

In section 277(2) (non-compliance with certain provisions may be waived), the words “section 236C”, “section 237”, “section 246”, “section 259”, “section 272” and “section 273” shall cease to have effect.

101

Section 282 (power to make Acts of Adjournal: solemn procedure) shall cease to have effect.

102

For subsection (1) of section 283 (application of Part II of that Act) there shall be substituted the following subsections—

(1) This Part of this Act applies to summary proceedings in respect of any offence which might prior to the passing of this Act, or which may under the provisions of this or any Act, whether passed before or after this Act, be tried summarily. (1A) Without prejudice to subsection (1) above, this Part of this Act also applies to procedure in all courts of summary jurisdiction in so far as they have jurisdiction in respect of— (a) any offence or the recovery of a penalty under any enactment or rule of law which does not exclude summary procedure as well as, in accordance with section 196 of this Act, to the enforcement of a fine imposed in solemn proceedings; and (b) any order ad factum praestandum, or other order of court or warrant competent to a court of summary jurisdiction.

.

103

Section 289D(1A)(d) (power to alter sums specified in section 435(e) of that Act) shall cease to have effect.

104

In section 296 (police liberation or detention of children arrested), in subsections (1) and (2), the words “sitting summarily” in each place where they occur shall cease to have effect.

105

In section 300 (appeal in respect of bail)—

(3A) Where an applicant in an appeal under this section is under 21 years of age, section 329 of this Act shall apply to the High Court or, as the case may be, the Lord Commissioner of Justiciary when disposing of the appeal as it applies to a court when remanding or committing a person of the applicant’s age for trial or sentence.

; and

106

For section 305 (intimation to a solicitor) there shall be substituted the following section—

(305) (1) Where any person has been arrested on any criminal charge, such person shall be entitled immediately upon such arrest— (a) to have intimation sent to a solicitor that his professional assistance is required by such a person and informing him— (i) of the place where the person is being detained; (ii) whether the person is to be liberated; and (iii) if the person is not to be liberated, the date on which he is to be taken to court and the court to which he is to be taken; (b) to be told what rights there are under paragraph (a) above and subsections (2) and (3) below. (2) Such solicitor shall be entitled to have a private interview with the person accused before he is examined on declaration, and to be present at such examination. (3) It shall be in the power of the sheriff or justice to delay such examination for a period not exceeding 48 hours from and after the time of such person’s arrest, in order to allow time for the attendance of such solicitor.

.

107

In section 309(1) (forms of procedure in summary proceedings), the words “Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in” shall cease to have effect.

108

In section 310 (incidental applications)—

109

In section 311 (complaint)—

110

In section 312 (form of charge in complaint)—

111

In section 314 (orders of court on complaint)—

(4A) Where all the parties join in an application under subsection (4) above, the court may proceed under that subsection without hearing the parties.

.

112

In section 315(2) (citation), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in” shall cease to have effect.

113

In section 316(3) (manner of citation of accused)—

(a) in the case of the accused,

;

; and (b) in the case of a witness, sent by ordinary post,

; and

114

In section 318(2) (citation of offender), the words “Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 and the corresponding forms contained in” shall cease to have effect.

115

In section 319(1) (citation by post), the words “other than a witness” shall cease to have effect.

116

In section 320 (apprehension of witness), after the word “may” where it first occurs there shall be inserted “ , if it is satisfied that he received the citation or that its contents came to his knowledge, ”.

117

In section 321 (warrants of apprehension and search)—

(a) the date fixed for the hearing of the case; or (b) the date when security to the amount fixed under subsection (6) below is found, whichever is the earlier.

; and

(6) A witness apprehended under a warrant under section 320 of this Act shall, wherever practicable, be brought immediately by the officer of law who executed that warrant before a justice, who shall fix such sum as he considers appropriate as security for the appearance of the witness at all diets.

.

118

In section 335(1) (amendment of complaint), the words “penalty or” shall cease to have effect.

119

Section 336 (record of plea of guilty) shall cease to have effect.

120

In section 338(1) (failure of accused to appear), after the word “cited” where it first occurs there shall be inserted “ (other than a diet which, by virtue of section 337A(3) of this Act, he is not required to attend) ”.

121

In section 339 (alibi), for the words “prior to the examination of the first witness for the prosecution” there shall be substituted “ at any time before the first witness is sworn ”.

122

In section 344(1) (punishment of witness for contempt), the words “or to produce documents in his possession when required by the court,” shall cease to have effect.

123

Section 345 (administration of oath to same witness in case at same diet) shall cease to have effect.

124

For section 347 (evidence of the accused) there shall be substituted the following section—

(347) Where, in any trial, the accused is to be called as a witness he shall be so called as the first witness for the defence unless the court, on cause shown, otherwise directs.

.

125

In section 352(2) (application to have all or part of record of proceedings at judicial examination not admitted as evidence)—

126

In section 354(1) (admissions and agreements as to evidence in summary proceedings), the proviso shall cease to have effect.

127

In section 357 (proof of convictions)—

128

In section 359 (record of summary proceedings), after the words “than the complaint” there shall be inserted “ , or a copy of the complaint certified as true by a procurator fiscal ”.

129

Section 360 (proceedings written or printed) shall cease to have effect.

130

In section 360A (interruption of summary proceedings for verdict in earlier trial)—

shall cease to have effect.

131

In section 366 (procedure where sheriff sits summarily in respect of offence by child)—

132

In section 375(3) (insanity in bar of trial), for the word “called” there shall be substituted “ sworn ”.

133

In section 376 (power of court to order hospital admission or guardianship)—

134

In section 377 (requirements as to medical evidence)—

135

In section 379(3) (restriction orders), for the words “section 62(1)” there shall be substituted “ section 60(3) ”.

136

In section 392 (effects of probation and absolute discharge on right to appeal)—

137

In section 396(7) (time for payment of fine), the words “, subject to any rules under this Part of this Act” shall cease to have effect.

138

In section 398(1) (restriction on imprisonment after fine or caution)—

139

In section 406 (substitution of custody for imprisonment where a child defaults on fine), the words “damages or expenses,” shall cease to have effect.

140

In section 408 (discharge from imprisonment to be specified), for the words “for payment of a fine or for finding of” there shall be substituted “ in default of payment of a fine or on failure to find ”.

141

In section 413(1) (detention of children in residential care)—

142

In section 430 (consecutive sentences)—

(4) A court of summary jurisdiction may frame— (a) a sentence following on conviction; or (b) an order for committal in default of payment of any sum of money or for contempt of court, so as to take effect on the expiry of any previous sentence or order which, at the date of the later conviction or order, the accused is undergoing.

.

143

In section 432(1) (deferred sentence), the words from “and”, where it second occurs, to the end shall cease to have effect.

144

Section 435 (expenses) shall cease to have effect.

145

In section 440 (extract sufficient warrant for imprisonment), the words “Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in” shall cease to have effect.

146

In section 441 (provision for court comprising more than one judge), the words from “, although” to “place,” shall cease to have effect.

147

In section 443A (disqualification, forfeiture etc.), after subsection (2) there shall be inserted the following subsection—

(3) Where, upon conviction, a fine has been imposed upon a person or a compensation order has been made against him under section 58 of the Criminal Justice (Scotland) Act 1980— (a) the fine or compensation order shall not be enforced against him and he shall not be liable to make any payment in respect of the fine or compensation order; and (b) any money paid under the compensation order shall not be paid by the clerk of court to the entitled person under section 60(1) of the Act of 1980, pending the determination of any appeal against conviction or sentence (or disposal or order).

.

148

In section 444(1)(b) (contents of application for stated case), for the words “a statement of that fact” there shall be substituted “ the ground of appeal against that sentence or disposal or order ”.

149

In section 446 (procedure in relation to appeal by stated case where appellant in custody)—

(6) The court shall not make an order under subsection (5) above to the effect that the sentence or, as the case may be, unexpired portion of the sentence shall run other than concurrently with the subsequently imposed term of imprisonment without first notifying the appellant of its intention to do so and considering any representations made by him or on his behalf.

.

150

In section 451(3) (computation of time) after the words “442(1)(a)(i)” there shall be inserted “ or (in so far as it is against conviction) (iii) ”.

151

; and (iii) where the sentence is set aside, pass another (but not more severe) sentence;

; and

152

In section 453B (appeals against sentence only), after subsection (4) there shall be inserted the following subsection—

(4A) Subject to subsection (4) above, the report mentioned in subsection (3)(b) above shall be available only to the High Court, the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed.

.

153

In section 453D (disposal of appeal where appellant insane)—

and— (i) making, in respect of the appellant, any order mentioned in section 375ZC(2)(a) to (d) of this Act; or (ii) making no order.

; and

(2) Subsection (3) of section 375ZC of this Act shall apply to an order made under subsection (1)(b)(i) above as it applies to an order made under subsection (2) of that section.

.

154

In section 454(1) (convictions not to be quashed on certain grounds), the words “at the trial by the solicitor of the accused” shall cease to have effect.

155

Section 457 (power to make Acts of Adjournal: summary procedure) shall cease to have effect.

156

Before section 457A there shall be inserted the following section—

(457ZA) (1) The High Court may by Act of Adjournal— (a) regulate the practice and procedure in relation to criminal procedure; and (b) make such rules and regulations as may be necessary or expedient to carry out the purposes and accomplish the objects of any enactment (including an enactment in this Act) in so far as it relates to criminal procedure, provided that no rule, regulation or provision which affects the governor or any other officer of a prison shall be made by any such Act of Adjournal except with the consent of the Secretary of State. (2) The High Court may by Act of Adjournal modify, amend or repeal any enactment (including an enactment in this Act) in so far as that enactment relates to matters with respect to which an Act of Adjournal may be made under subsection (1) above.

.

157
  • “examination of facts” means an examination of facts held under section 174ZA or 375ZA of this Act;

;

“governor” means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, the director of the prison;

; and

“prison officer” and “officer of a prison” means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act;

; and

(iia) any person who is employed under section 9 of the Police (Scotland) Act 1967 for the assistance of the constables of a police force and who is authorised by the chief constable of that police force in relation to service and execution as mentioned above;

; and

158

In Schedule 5 (discharge and amendment of probation orders), in paragraph 4—

The Sexual Offences (Scotland) Act 1976 (c. 67)

159

In section 4 of the Sexual Offences (Scotland) Act 1976 (unlawful sexual intercourse with girl between 13 and 16)—

(3) For the purposes of the proviso to subsection (1) above, a prosecution shall be deemed to commence on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay.

.

The Community Service by Offenders (Scotland) Act 1978 (c. 49)

160

The Community Service by Offenders (Scotland) Act 1978 shall be amended as follows.

161

In section 2 (offender to be provided with copy order)—

(4) Where a copy of a community service order has, under subsection (3)(a) above, been sent by registered post or by the recorded delivery service, an acknowledgement or certificate of delivery of a letter containing the copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

.

162

In section 4(1) (failure to comply with requirements of community service orders), for the words “evidence on oath” there shall be substituted “ information ”.

The Criminal Justice (Scotland) Act 1980 (c. 62)

163

In section 26(4) of the Criminal Justice (Scotland) Act 1980 (service of certificates, reports etc.)—

The Mental Health (Scotland) Act 1984 (c. 36)

164

The Mental Health (Scotland) Act 1984 shall be amended as follows.

165

In section 67(1) (application of sections 63 to 66 to certain persons treated as restricted patients)—

shall cease to have effect.

166

In section 69(3) (persons ordered to be kept in custody during Her Majesty’s pleasure), for the words from “an order” to the end there shall be substituted “ a hospital order together with a restriction order ”.

167

In section 71(7)(a) (removal to hospital of persons serving sentences of imprisonment etc.), for the words “or 255” there shall be substituted “ , 174ZC, 254, 375, 375ZC or 453D ”.

168

In section 73(1) (transfer order to cease to have effect where proceedings dropped or case disposed of)—

169

In section 125(4) interpretation)—

The Criminal Justice (Scotland) Act 1987 (c. 41)

170

In section 60(3) of the Criminal Justice (Scotland) Act 1987 (service of documents relating to police interview)—

The Road Traffic Offenders Act 1988 (c. 53)

171

In section 19 of the Road Traffic Offenders Act 1988 (evidence of disqualification in Scotland)—

(2) A copy of a conviction or extract conviction served on the accused under subsection (1) 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 such copy conviction or extract conviction together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.

.

172

In section 20 of that Act (admissibility of certain evidence regarding speeding offences etc.), after subsection (8) there shall be inserted the following subsection—

(8A) As respects proceedings in Scotland, a copy of a document served on a person under subsection (8) 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 such copy document together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.

.

173

In sections 31(2) (court may take account of particulars endorsed on licence) and 32(6) (court may take account of extract from licensing records) of that Act—

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

174

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall be amended as follows.

175

In section 56 (evidence of children through television link in criminal trials)—

; and (c) the views of the child.

.

176

In section 58 (prior identification of accused by child witness), the words “cited to give evidence in a trial” shall cease to have effect.

177

In Schedule 6 (supervised attendance orders)—

(4) Where a copy of a supervised attendance order has, under sub-paragraph (3)(a) above, been sent by registered post or by the recorded delivery service, an acknowledgement or certificate of delivery of a letter containing the copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

; and

The Criminal Justice Act 1991 (c. 53)

178

In Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), in paragraph 6(5)(a)(i), for the words “evidence on oath” there shall be substituted “ information ”.

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

179

there has elapsed— (i) a period (reckoned from the date on which he was ordered to be returned to prison under or by virtue of subsection (2)(a) of that section) equal in length to the period between the date on which the new offence was committed and the date on which he would (but for his release) have served the original sentence in full; or (ii) subject to subsection (4) below, a total period equal in length to the period for which he was so ordered to be returned to prison together with, so far as not concurrent with that period, any term of imprisonment to which he was sentenced in respect of the new offence, whichever results in the later date. (4) In subsection (3)(b) above, “the original sentence” and “the new offence” have the same meanings as in section 16 of this Act.

.

(7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence— (a) the making of the order shall have the effect of revoking the licence; and (b) if the sentence comprising— (i) the period for which the person is ordered to be returned to prison; and (ii) so far as not concurrent with that period, any term of imprisonment to which he is sentenced in respect of the new offence, is six months or more but less than four years, section 1(1) of this Act shall apply in respect of that sentence as if for the word “unconditionally” there were substituted the words “on licence”.

.

(4) Subsections (2) to (4), (5A) and (6) of section 32 of the 1980 Act (evidence by letter of request or on commission) shall apply to an application under subsection (1) above and evidence taken by a commissioner appointed under that subsection as those subsections apply to an application under subsection (1) of that section and evidence taken by a commissioner appointed on such an application.

.

Part II — Amendments Relating to Part II

The Trade Marks Act 1938 (c.22)

180

In section 58B of the Trade Marks Act 1938 (delivery up of offending goods and material), in subsection (6) for the words “section 223 or 436 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Chapter II of Part II of the Criminal Justice (Scotland) Act 1995 ”.

The Criminal Procedure (Scotland) Act 1975 (c.21)

181

The Community Service by Offenders (Scotland) Act 1978 (c.49)

182

In section 1(7) of the Community Service by Offenders (Scotland) Act 1978 (making of community service orders not to restrict making of certain other orders), at the end there shall be added the following paragraph—

(d) making a suspended forfeiture order under section 87 of the Criminal Justice (Scotland) Act 1995 in respect of the offence.

.

The Civil Jurisdiction and Judgments Act 1982 (c.27)

183

In subsection (4A) of section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of U.K. judgments in other parts of U.K.)—

The Telecommunications Act 1984 (c.12)

184

In Schedule 3 to the Telecommunications Act 1984 (penalties and mode of trial under the Wireless Telegraphy Act 1949), in paragraph 3(b) for the words “sections 223 and 436 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ Chapter II of Part II of the Criminal Justice (Scotland) Act 1995 ”.

The Bankruptcy (Scotland) Act 1985 (c. 66)

185

The Criminal Justice Act 1988 (c.33)

186

In this subsection, the reference to a restraint order includes a reference to a restraint order within the meaning of Part II of the Criminal Justice (Scotland) Act 1995 and, in relation to such an order, “realisable property” has the same meaning as in that Part

; and

(i) an order under this Part of this Act; or (ii) an order of the Court of Session under section 101, 102, 103 or 104 of the Criminal Justice (Scotland) Act 1995.

The Copyright, Designs and Patents Act 1988 (c.48)

187

The Road Traffic Offenders Act 1988 (c.53)

188

After section 33 of the Road Traffic Offenders Act 1988 (fine and imprisonment), there shall be inserted the following section—

(33A) (1) Where a person commits an offence to which this subsection applies by— (a) driving, attempting to drive, or being in charge of a vehicle; or (b) failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or (c) failing, as the driver of a vehicle, to comply with subsections (2) and (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident), the court may, on an application under this subsection make an order forfeiting the vehicle concerned; and any vehicle forfeited under this subsection shall be disposed of as the court may direct. (2) Subsection (1) above applies— (a) to an offence under the Road Traffic Act 1988 which is punishable with imprisonment; and (b) to an offence of culpable homicide. (3) An application under subsection (1) above shall be at the instance of the prosecutor made when he moves for sentence or (if the person has been remitted for sentence under section 104 of the Criminal Procedure (Scotland) Act 1975) made before sentence is pronounced. (4) Where— (a) the court is satisfied, on an application under this subsection by the prosecutor— (i) that proceedings have been, or are likely to be, instituted against a person in Scotland for an offence to which subsection (1) above applies allegedly committed in the manner specified in paragraph (a), (b) or (c) of that subsection; and (ii) that there is reasonable cause to believe that a vehicle specified in the application is to be found in a place or in premises so specified; and (b) it appears to the court that there are reasonable grounds for thinking that in the event of the person being convicted of the offence an order under subsection (1) above might be made in relation to the vehicle, the court may grant a warrant authorising a person named therein to enter and search the place or premises and seize the vehicle. (5) Where the court has made an order under subsection (1) above for the forfeiture of a vehicle, the court or any justice may, if satisfied on evidence on oath— (a) that there is reasonable cause to believe that the vehicle is to be found in any place or premises; and (b) that admission to the place or premises has been refused or that a refusal of such admission is apprehended, issue a warrant of search which may be executed according to law. (6) In relation to summary proceedings, the reference in subsection (5) above to a justice includes a reference to the sheriff and to a magistrate. (7) Chapter II of Part II of the Criminal Justice (Scotland) Act 1995 shall not apply in respect of a vehicle in relation to which this section applies. (8) This section extends to Scotland only.

.

The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)

189

(16A) (1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor. (2) A warrant under sub-paragraph (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly. (3) The fact that an arrestment has been executed under sub-paragraph (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property. (4) No arrestment executed under sub-paragraph (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.

.

(5A) In its application by virtue of sub-paragraph (5) above paragraph 16A above shall have effect with the following modifications— (a) for the references to the prosecutor there shall be substituted references to the Lord Advocate; and (b) for the references to the court there shall be substituted references to the Court of Session.

.

The Criminal Justice (International Co-operation) Act 1990 (c.5)

190

The Northern Ireland (Emergency Provisions) Act 1991 (c.24)

191

In section 50(2) of the Northern Ireland (Emergency Provisions) Act 1991 (realisable property, value and gifts), for paragraph (e) there shall be substituted the following paragraph—

(e) Chapter II of Part II of the Criminal Justice (Scotland) Act 1995

.

The Road Traffic Act 1991 (c.40)

192

Section 37 of the Road Traffic Act 1991 (forfeiture of vehicles: Scotland) shall cease to have effect.

The Drug Trafficking Act 1994 (c. 37)

193

; or (c) Part II of the Criminal Justice (Scotland) Act 1995.

.

(e) Chapter II of Part II of the Criminal Justice (Scotland) Act 1995 (suspended forfeiture orders);

.

SCHEDULE 7

Part I — Repeals Relating to Part I

Part II — Repeals Relating to Part II

Editorial notes

[^c1523944]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1523945]: 1980 c. 4.

[^c1523946]: 1980 c. 4.

[^c1523947]: 1975 c. 21.

[^c1523948]: S. 6 wholly in force at 31.3.1996; s. 6 not in force at Royal Assent see s. 118(2); s. 6(c) in force for certain purposes at 5.3.1996 and s. 6 in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3, Sch.

[^c1523949]: 1825 c.22.

[^c1523950]: 1980 c. 55.

[^c1523951]: S. 14 wholly in force at 31.3.1996; s. 14 not in force at Royal Assent see s. 118(2); s. 14(4) in force for certain purposes at 5.3.1996 and s. 14 in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3, Sch.

[^c1523966]: S. 20 repealed (1.4.1996, except (3)(5)) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II, para. 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6 Sch. 3 Pt. II, para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7)

[^c1523967]: S. 22 partly in force; s. 22 not in force at Royal Assent see s. 118(2); s. 22(1)(3)(4)(7)(9) in force at 26.9.1995 by S.I. 1995/2295, art. 3(2), Sch.; s. 22 in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3(2)

[^c1523968]: 1980 c.62.

[^c1523969]: 1971 c. 38.

[^c1523970]: 1968 c. 67.

[^c1523971]: S. 35 restricted (31.8.1995) by S.I. 1995/2295, art. 4

[^c1523972]: 1990 c. 40.

[^c1523973]: 1978 c.49.

[^c1523974]: S. 42 restricted (31.8.1995) by S.I. 1995/2295, art. 5

[^c1523975]: 1993 c. 9.

[^c1523976]: 1980 c. 62.

[^c1523977]: 1980 c. 62.

[^c1523978]: S. 61 wholly in force at 31.3.96; s. 61 not in force at Royal Assent see s. 118(2); s. 61(6) in force for certain purposes at 5.3.1996 and s. 61 in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3, Sch.

[^c1523979]: 1987 c. 41.

[^c1523980]: 1986 c. 47.

[^c1523981]: S. 65 restricted (31.8.1995) by S.I. 1995/2295, art. 6

[^c1523982]: 1986 c. 47.

[^c1523984]: S. 66 repealed (1.8.1997) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1523985]: 1985 c.66.

[^c1523986]: 1989 c.45.

[^c1523988]: 1980 c. 62.

[^c1523989]: 1980 c. 62.

[^c1523990]: 1985 c. 66.

[^c1523991]: 1986 c. 45.

[^c1523992]: 1980 c. 62.

[^c1523993]: 1980 c. 43.

[^c1523994]: S.I. 1981/1675 (N.I. 26).

[^c1523995]: 1989 c. 45.

[^c1523996]: 1967 c. 77.

[^c1523997]: 1994 c. 39.

[^c1523998]: 1947 c. 44.

[^c1523999]: 1987 c. 41.

[^c1524000]: 1979 c. 2.

[^c1524001]: 1947 c. 44.

[^c1524003]: 1980 c. 62.

[^c1524004]: 1980 c. 62.

[^c1524002]: Pt. II Ch. II (ss. 87-93) excluded (31.3.1996) by 1988 c. 53, s. 33A (as inserted by 1995 c. 20, s. 117(1), Sch. 6 Pt. II, para. 188); S.I. 1995/517, art. 3(2)

[^c1524005]: 1868 c.101.

[^c1524007]: 1972 c.59.

[^c1524008]: 1868 c.101.

[^c1524006]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524010]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524011]: S. 111 extended (with modifications) (31.3.1996) by 1987 c. 41, s. 7A (as inserted by 1995 c. 20, s. 113(1), Sch. 5 para. 10); S.I. 1996/517, art. 3(2) (with art. 5)

[^c1524012]: 1968 c. 70.

[^c1524013]: 4 & 5 Geo.5 c. 59

[^c1524014]: 1974 c. 53.

[^c1524015]: 1986 c. 45.

[^c1524016]: 1985 c. 66.

[^c1524017]: 1987 c. 41.

[^c1524018]: 1988 c. 33.

[^c1524019]: 1989 c. 4.

[^c1524009]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1523987]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524020]: 1975 c. 21.

[^c1524021]: S. 117 wholly in force at 31.3.1996; s. 117 not in force at Royal Assent see s. 118(2); s. 117 in force for certain purposes at 26.9.1995 by S.I. 1995/2295, art. 3(2), Sch.; s. 117 in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3(2)

[^c1524022]: S. 118(2) power partly exercised (31.8.1995): 26.9.1995 appointed for specified provisions by S.I. 1995/2295, art. 3 S. 118(2) power partly exercised (1.3.1996): different dates appointed for specified provisions by S.I. 1996/517, art. 3 (subject to transitional provisions and savings in art. 4)

[^c1524023]: 1980 c.62.

[^c1524024]: 1889 c. 39.

[^c1524025]: 1985 c. 66.

[^c1524026]: 1979 c. 37.

[^c1524027]: 1988 c. 36.

[^c1524031]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524032]: 1913 c. 20.

[^c1524029]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524038]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524039]: 1986 c. 45.

[^c1524040]: 1988 c. 33.

[^c1524041]: 1986 c. 45.

[^c1524042]: 1914 c.59.

[^c1524033]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524047]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524048]: 1994 c. 37.

[^c1524049]: 1986 c. 45.

[^c1524050]: 1985 c. 6.

[^c1524043]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524054]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524055]: 1986 c. 45.

[^c1524056]: 1985 c. 6.

[^c1524051]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524058]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524057]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524061]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524062]: 1985 c. 66.

[^c1524059]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524028]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524063]: 1987 c. 41.

[^c1524066]: Act repealed (S.) (1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524067]: Act repealed (S.) (1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524069]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524070]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524068]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524072]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524073]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524074]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524071]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524076]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524075]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524065]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524079]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524078]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524081]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524080]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524083]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524082]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524085]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524084]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524087]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524086]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524089]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524088]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524077]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524064]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524095]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524096]: Sch. 7 Pt. I wholly in force at 31.3.1996; Sch. 7 Pt. I not in force at Royal Assent see s. 118(2); Sch. 7 Pt. I in force for certain purposes at 26.9.1995 by S.I. 1995/2295, art. 3(2), Sch.; Sch. 7 Pt. I in force at 31.3.1996 insofar as not already in force by S.I. 1996/517, art. 3(2)

[^c1524097]: Repeal in Sch. 7 Pt. I restricted (31.8.1995) by S.I. 1995/2295, art. 6

[^c1524100]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.

[^c1524090]: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.