143 applied (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. (5)Where a fine imposed by a court of summary jurisdiction is paid at the bar it shall not be necessary for the court to refer to the period of imprisonment applicable to the non-payment thereof. An Act to consolidate certain enactments relating to criminal procedure in Scotland. 16), S. 136(3) applied (28.9.2007) by The Less Favoured Area Support Scheme (Scotland) Regulations 2007 (S.S.I. . 17(b); S.S.I. 2019/577), The Somalia (Sanctions) (EU Exit) Regulations 2020 (S.I. 3, S. 136(3) applied (1.7.2006) by S.S.I. When the citation of any person is effected by post in terms of this section or any other provision of this Act to which this section is applied, the induciae shall be reckoned from 24 hours after the time of posting. Extension of Commission’s remit to summary cases. Every sentence imposed by a court of summary jurisdiction shall unless otherwise provided be pronounced in open court in the presence of the accused, but need not be written out or signed in his presence. 1(2), 23(4)(a); S.I. . Offences Against Children Under the Age of 17 Years to which Special Provisions Apply. General power to disqualify offenders. twenty-three of section 1.20 of the criminal procedure law and the defendant killed such victim because such victim was, at the time of the killing, a judge; or (xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of section 490.05 of this chapter; and 11(2) 2020 c. 1, Sch. 645, §19, 62 Stat. (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. (7)Where a person is convicted of an offence, the court may have regard to any previous conviction in respect of that person in deciding on the disposal of the case. F1S. 1, sch. An order under subsection (3) may be made by reference to a particular period or particular circumstances. 17(2), 41, C107S. 2005/253, art. II para. Informations by the Attorney‐General. 1(3), 13(9) (with reg. 83. 76. 156 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. (4)The court may have regard to any such conviction or alternative disposal only if it is—, (a)specified in a notice laid before the court by the prosecutor, and. (Reform) (Scotland) Act 2007 (asp 6), ss. . . 1(1), C125S. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Compensation orders: supplementary provisions. (with art. 19. 4(10)(a)(i); S.S.I. 82. 12 para. 2, sch. an order under section 288F(2) has been made in the proceedings. Only one sentence of imprisonment for life to be imposed in any proceedings. . 12(7), C7 S. 136 excluded (10.7.2009) by The North Korea (United Nations Sanctions) Order 2009 (S.I. 2020/93), Criminal Justice (Scotland) Act 2003 (asp 7), The District Courts and Justices of the Peace (Scotland) Order 2007 (S.S.I. C1 S. 134 applied (20.11.2002) by Copyright, Designs and Patents Act 1988 (c. 48) , ss. . Stated case: adjustment and signature. where it considers that the interests of justice so require, grant warrant to arrest the witness. 1, 2, S. 143 applied (1.4.2005) by Gangmasters (Licensing) Act 2004 (c. 11), ss. (27.5.2020) by virtue of Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. ” is to be construed in accordance with section 288C(1A) or (as the case may be) 288DC(4). 5), S. 147 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 98(1). The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 1999/1872, reg. Where punishment is summarily imposed as mentioned in subsection (1) above, the clerk of court shall enter in the record of the proceedings the acts constituting the contempt or the statements forming the prevarication. 2006/1454, art. a work order under section 303ZA(6) of this Act that has been completed on or after the date of offence O but before the date of conviction in respect of that offence. : children referred to children's hearings, Retention of samples etc. (as amended by S.S.I. 75(a)(ii), 79; S.S.I. 2015/821), The Single Common Market Organisation (Emergency Aid for Milk Producers) Regulations 2015 (S.I. 245B. (b)if satisfied as to the matters specified in subsection (2) below. Detention of children convicted on indictment. 2009/432, art. 3, Sch. This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. Exceptions to the rule that hearsay evidence is inadmissible. On any complaint under this Part of this Act being laid before a judge of the court in which the complaint is brought, he shall have power on the motion of the prosecutor—. . Revised legislation carried on this site may not be fully up to date. requested that the diet be dispensed with. Presumption and determination of age of child. Further pre-trial diet: dismissal or withdrawal of solicitor representing accused in case of sexual offence, Written record of state of preparation: sheriff court, Preliminary hearing: procedure up to appointment of trial diet, Preliminary hearing: appointment of trial diet, Power to dispense with preliminary hearing, Procedure where preliminary hearing does not proceed, Written record of state of preparation in certain cases, Engagement, dismissal and withdrawal of solicitor representing accused, Service etc. Interruption of trial for other proceedings. (subject to art. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. may also experience some issues with your browser, such as an alert box that a script is taking a Setting aside conviction or sentence: prosecutor’s consent or application. 2007/527 ). 61(3)(d)(i), 89; S.S.I. 1(2), 52(4); S.I. 2007/439), reg. There are changes that may be brought into force at a future date. Lord Advocate’s appeal against decision not to impose automatic sentence in certain cases. 4. 286. 136(3) applied (31.12.2020) by The South Sudan (Sanctions) (EU Exit) Regulations 2019 (S.I. 3(2) (with art. . 1(1), Sch. You did drive a motor car recklessly contrary to section... You did act as a pedlar without having obtained a... You did travel in a railway carriage without having previously... having on within the house No. (2)On an application under subsection (1) above, the sheriff is to make the order sought if the sheriff considers that it would be expedient for the different cases to be disposed of at the same court at the same time. The 1995 act was enacted after a review of Commonwealth criminal law undertaken by Sir Harry Gibbs in 1987, which recommended that Commonwealth criminal law be consolidated. . Enabling power: Criminal Procedure (Scotland) Act 1995, s. 305. (3)An amendment made under this section shall be sufficiently authenticated by the initials of the clerk of the court. 2014/1827), regs. Statutory Notes and Related Subsidiaries Positive Law; Citation. 2018/390), The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 1(2)(a) (with s. 9), F80S. (1)Every sentence imposed by a court of summary jurisdiction shall unless otherwise provided be pronounced in open court in the presence of the accused, but need not be written out or signed in his presence. Consideration of time spent in custody. 1 Name of Act This Act is the Criminal Procedure Amendment (Indictable Offences) Act 1995. Changes that have been made appear in the content and are referenced with annotations. 2020/93), paras.
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