Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

Interpretation

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In this Act—

• “the consolidating Acts” means the Principal Act, the Proceeds of Crime (Scotland) Act 1995, the Criminal Law (Consolidation) (Scotland) Act 1995 and, so far as it reproduces the effect of the repealed enactments, this Act;

• “the Principal Act” means the Criminal Procedure (Scotland) Act 1995; and

• “the repealed enactments” means the enactments repealed by this Act.

Continuity of the law

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• (1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

• (2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.

• (3) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

• (4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

Rationalisation of penalties

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• (1) Schedule 1 to this Act shall have effect for the purpose of setting or altering or enabling the Secretary of State to set or alter the penalties or maximum penalties in respect of certain offences or classes or descriptions of offences.

• (2) Schedule 2 to this Act shall have effect for the purpose of amending the enactments there specified for the purposes of and in accordance with the provisions of the said Schedule 1.

Transitional, transitory and savings

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The transitional provisions, transitory modifications and savings contained in Schedule 3 to this Act shall have effect.

Minor and consequential amendments

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The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified being amendments consequential on this Act.

Repeals

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• (1) The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (2) Without prejudice to section 16(1)(a) of the Interpretation Act 1978, the repeal by this Act of the provisions of the Criminal Procedure (Scotland) Act 1975 specified in Schedule 6 to this Act shall not revive any rule of law or practice having effect before the coming into force of the Criminal Procedure (Scotland) Act 1887.

Short title, interpretation, commencement and extent

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• (1) This Act may be cited as the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995.

• (2) This Act shall come into force on 1 April 1996.

• (3) Subject to subsections (4) and (5) below, this Act extends to Scotland only.

• (4) Paragraph 5 of Schedule 3 to this Act and this section also extend to England and Wales and Northern Ireland.

• (5) Any amendment contained in Schedule 4 to this Act of any enactment which extends to England and Wales or Northern Ireland shall also so extend.

SCHEDULE 1

Amendments relating to penalties and mode of trial for offences made triable only summarily

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• (1) The enactments specified in column 2 of Part I of Schedule 2 to this Act (which relate to the modes of trial of, and the maximum penalties for, the offences which are by section 292 of the Principal Act made triable only summarily) shall continue to have effect subject to the amendments specified in column 3 of that Part.

• (2) The said amendments have the effect of altering the maximum penalties available on summary conviction of those offences as well as making alterations consequential on their becoming triable only summarily; and in that Part, column 4 shows the maximum penalties resulting from the amendments.

Penalties on summary conviction for offences triable either summarily or on indictment

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• (1) Where an offence created by a relevant enactment may be tried either on indictment or summarily, the penalty or maximum penalty on summary conviction shall, to the extent that it included, immediately before the commencement of section 55 of the Criminal Justice Act 1982, a penalty or maximum penalty mentioned in column 1 of the Table below, be amended so as to substitute as a maximum penalty the corresponding penalty set forth in column 2 thereof (unless provision is expressly made by any enactment for a larger penalty or maximum penalty on summary conviction)—

Column 1	Column 2
Penalty or maximum penalty at commencement of section 55 of Criminal Justice Act 1982	New maximum penalty
1. Fine (other than a fine specified in paragraph 3 below, or a fine in respect of each period of a specified length during which a continuing offence is committed).	1. Fine not exceeding the prescribed sum.
2. Imprisonment for a period exceeding 3 months.	2. Imprisonment for a period not exceeding 3 months.
3. Fine in respect of a specified quantity or number of things.	3. Fine not exceeding the prescribed sum in respect of each such quantity or number.
4. Fine exceeding £100 in respect of each period of a specified length during which a continuing offence is committed.	4. Fine not exceeding £100 in respect of each such period.

• (2) Where by virtue of a relevant enactment, a person summarily convicted of any offence to which sub-paragraph (1) above relates would, apart from this paragraph, be liable to a fine or a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, sub-paragraph (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

• (3) Sub-paragraph (1) above is without prejudice to section 5 of the Principal Act (6 months’ imprisonment competent for certain offences).

• (4) In this paragraph “relevant enactment” means an enactment contained in the Criminal Law Act 1977 or in any other Act (including this Act).

• (5) Sub-paragraph (1) of paragraph 7 below shall not affect so much of any enactment as (in whatever words) provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.

• (6) Where an enactment to which sub-paragraph (1) of the said paragraph 7 below applies provides for a person to be made liable to a penalty or a maximum penalty on summary conviction of an offence triable either on indictment or summarily which includes a fine or a maximum fine in respect of a specified quantity or a specified number of things, that sub-paragraph shall apply to that fine or maximum fine.

• (7) Sub-paragraph (1) above shall not apply on summary conviction of any of the offences mentioned in sub-paragraph (2) of paragraph 11 below.

Increase of fines for certain summary offences

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• (1) The enactments specified in column 2 of Part II of Schedule 2 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule (being the amount of the maximum fine in respect of the offence immediately before the passing of the Criminal Law Act 1977), but this sub-paragraph shall not alter the maximum daily fine, if any, provided for by any of those enactments.

• (2) In section 203 of the Local Government (Scotland) Act 1973 (offences against byelaws), except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, for any reference to £20 there shall be substituted a reference to £50.

• (3) Subject to sub-paragraph (4) below, this sub-paragraph applies to any pre-1949 enactment however framed or worded which—

• (a) as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act); or

• (b) confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction thereof to a fine of, or a maximum fine of, less than £50 which has not been altered since the end of 1948 (and is not altered by this Act).

• (4) Sub-paragraph (3) above does not apply to any offence to which section 292(2)(b) of the Principal Act applies (offences triable only summarily other than by virtue of express provision).

• (5) Every enactment to which sub-paragraph (3) above applies shall have effect as if for the specified amount less than £50 there mentioned there were substituted—

• (a) £25 if the specified amount is less than £20; or

• (b) £50 if the specified amount is not less than £20.

• (6) Where, by virtue of any enactment to which sub-paragraph (3) above applies by virtue of sub-sub-paragraph (a) of that sub-paragraph, a person convicted of a summary offence would, apart from this paragraph, be liable to a fine, or maximum fine, of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, sub-paragraph (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions.

• (7) Sub-paragraph (3) above does not apply to so much of any enactment as, in whatever words, makes a person liable or provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.

• (8) Where an enactment to which sub-paragraph (3) above applies provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things, “the specified amount” for the purposes of subsection (5) above is the fine or maximum fine so provided or for which provision may be made.

• (9) In sub-paragraph (3) above “pre-1949 enactment” means an enactment passed before 1st January 1949 or an enactment passed on or after that date which whether directly or, through successive re-enactments, indirectly re-enacts with or without modification an enactment passed before that date.

• (10) In this paragraph, “enactment” does not include an enactment contained in an order, regulation or other instrument made under an Act.

Penalties for first and subsequent convictions of summary offences to be the same

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• (1) Subject to sub-paragraphs (2) to (4) and (6) below, this paragraph applies where any enactment—

• (a) makes a person liable on conviction of an offence triable only summarily to a penalty or a maximum penalty; or

• (b) confers a power by subordinate instrument to make a person liable on conviction of an offence triable only summarily (whether or not created by the instrument) to a penalty or a maximum penalty,

which is different in the case of a second or subsequent conviction from the penalty or maximum penalty provided or for which provision may be made in the case of a first conviction.

• (2) Where the penalty or maximum penalty for an offence to which section 292(2)(b) of the Principal Act applies has not been altered by any enactment passed or made after 29th July 1977 (the date of the passing of the Criminal Law Act 1977), this paragraph applies as if the amount referred to in sub-paragraph (5)(a) below were the greatest amount to which a person would have been liable on any conviction immediately before that date.

• (3) Where any enactment—

• (a) provides or confers a power to provide for a penalty or a maximum penalty which would, but for the operation of paragraph 3(5) above, be different in the case of a second or subsequent conviction from the penalty or maximum penalty provided for or for which provision may be made in the case of a first conviction; and

• (b) otherwise fulfils the conditions of sub-paragraph (1) above;

this paragraph applies to that penalty or maximum penalty as if the amount referred to in sub-paragraph (5)(a) below were the greatest amount to which a person would have been liable or could have been made liable on any conviction immediately before 17th July 1978 (the date of coming into force of section 289C of the Criminal Procedure (Scotland) Act 1975).

• (4) This paragraph does not apply to—

• (a) section 5(3) of the Principal Act (imprisonment for certain offences);

• (b) section 78 of the Criminal Justice (Scotland) Act 1980 (vandalism); or

• (c) an enactment mentioned in Part III of Schedule 2 to this Act.

• (5) Where this paragraph applies the maximum penalty to which a person is or may be made liable by or under the enactment in the case of any conviction shall be either or both of—

• (a) a fine not exceeding the greatest amount;

• (b) imprisonment for a term not exceeding the longest term (if any),

to which an offender would have been liable or could have been made liable on any conviction (whether the first or a second or subsequent conviction) by or under the enactment immediately before the relevant date.

• (6) This paragraph does not affect the penalty which may be imposed in respect of an offence committed before the relevant date.

• (7) In sub-paragraphs (5) and (6) above “the relevant date” means—

• (a) in relation to an offence created by or under an Act or, as the case may be, to conviction of such an offence, 11th April 1983; and

• (b) in relation to an offence created under a subordinate instrument or, as the case may be, to conviction of such an offence, 12th October 1988.

Increases of fines for certain summary offences

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• (1) Subject to sub-paragraphs (3) to (8) and (10) below, this paragraph applies where any Act passed on or before 29th July 1977 (the date of the passing of the Criminal Law Act 1977)—

• (a) makes a person liable on conviction of an offence triable only summarily to a fine or a maximum fine which is less than £1,000; or

• (b) confers a power by subordinate instrument to make a person liable on conviction of an offence triable only summarily (whether or not created by the instrument) to a fine or a maximum fine which is less than £1,000, or a fine or a maximum fine which shall not exceed an amount of less than £1,000,

and the fine or maximum fine which may be imposed or, as the case may be, for which the subordinate instrument may provide has not been altered by any provision mentioned in sub-paragraph (2) below.

• (2) The provisions referred to in sub-paragraph (1) above are—

• (a) paragraph 1 above;

• (b) paragraph 3 above (except where paragraph 4(3) above applies);

• (c) section 30(3) of the Criminal Law Act 1977;

• (d) an enactment passed or made after 29th July 1977 and before 11th April 1983.

• (3) In the case of an offence to which section 292(2)(b) of the Principal Act applies, sub-paragraphs (2)(a) to (c) above do not apply and the fine or the maximum fine referred to in sub-paragraph (9) below is the fine or the maximum fine for the offence immediately before 29th July 1977 as amended, where applicable, by paragraph 4 above.

• (4) This paragraph also applies where any enactment—

• (a) is contained in a consolidation Act passed after 29th July 1977 and before 11th April 1983; and

• (b) otherwise fulfils the conditions of sub-paragraph (1) above as amended by sub-paragraph (3) above where it applies; and

• (c) is a re-enactment (with or without modification) of an enactment passed on or before 29th July 1977.

• (5) Subject to sub-paragraph (10) below, where an Act provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things, that fine or maximum fine is the fine or, as the case may be, the maximum fine for the purposes of this paragraph.

• (6) Where an Act to which this paragraph applies provides or confers a power to provide different fines or maximum fines in relation to different circumstances or persons of different descriptions, such fines or maximum fines are to be treated separately for the purposes of this paragraph.

• (7) This paragraph also applies where the penalties or maximum penalties provided or for which provision may be made by or under an Act on first and on second or subsequent conviction of an offence have been made the same by operation of paragraph 4 above; and in that case the fine or the maximum fine referred to in sub-paragraph (9) below is the maximum fine to which a person is or may be made liable by virtue of that paragraph.

• (8) This paragraph does not apply in the case of—

• (a) so much of any Act as (in whatever words) makes a person liable or provides for a person to be made liable to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed;

• (b) section 67(3) of the Transport Act 1962;

• (c) sections 42(1) and 47(1) of the Road Traffic Act 1988;

• (d) an enactment mentioned in Schedule 1 to the British Railways Act 1977 to the extent that the enactment was amended by section 13(1) of that Act;

• (e) an enactment mentioned in Part III of Schedule 2 to this Act or in Schedule 2 to the Criminal Justice Act 1982.