Criminal Procedure (Scotland) Act 1975
Act of the Parliament of the United Kingdom
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The Criminal Procedure (Scotland) Act 1975 (c. 21) was an act of the Parliament of the United Kingdom that consolidated enactments relating to criminal procedure in Scotland.[1]
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Long titleAn Act to consolidate certain enactments relating to criminal procedure in Scotland.
Royal assent8 May 1975
| Act of Parliament | |
| |
| Long title | An Act to consolidate certain enactments relating to criminal procedure in Scotland. |
|---|---|
| Citation | 1975 c. 21 |
| Territorial extent | Scotland[b] |
| Dates | |
| Royal assent | 8 May 1975 |
| Commencement | |
| Repealed | 1 April 1996 |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
|
| Repealed by | Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 |
Status: Repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
Provisions
Repealed enactments
Section 461(2) of the act repealed 44 enactments and revoked 17 acts of Adjournal, listed in parts I and II of schedule 10 to the act, respectively.[2]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 1587 c. 54 | Jurors Act 1587 | Section 10. |
| 1587 c. 57 | Criminal Justice Act 1587 | Sections 10 and 11. |
| 1672 c. 40 | Courts Act 1672 | Section 3. |
| Section 8. | ||
| Section 10. | ||
| 1693 c. 43 | Criminal Procedure Act 1693 | The whole act. |
| 1701 c. 6 | Criminal Procedure Act 1701 | The words from "Our Sovereign" to "void and null". |
| 54 Geo. 3. c. 67 | Justiciary Courts (Scotland) Act 1814 | Sections 1 to 4. |
| 6 Geo. 4. c. 22 | Jurors (Scotland) Act 1825 | Sections 8 and 9. |
| In section 14, the proviso. | ||
| Sections 15 and 16. | ||
| Section 17, so far as relating to criminal trials. | ||
| Section 18. | ||
| Section 20. | ||
| 7 Geo. 4. c. 8 | Juries (Scotland) Act 1826 | Sections 4 and 5 so far as relating to returns to criminal courts. |
| 9 Geo. 4. c. 29 | Circuit Courts (Scotland) Act 1828 | Section 2. |
| Section 5. | ||
| Section 7. | ||
| Section 10. | ||
| Section 12. | ||
| Section 14. | ||
| Section 17. | ||
| Section 21. | ||
| Section 23. | ||
| 11 Geo. 4 & 1 Will. 4. c. 37 | Criminal Law (Scotland) Act 1830 | Section 8. |
| Section 12. | ||
| 1 & 2 Vict. c. 119 | Sheriff Courts (Scotland) Act 1838 | Section 25. |
| 3 & 4 Vict. c. 59 | Evidence (Scotland) Act 1840 | Sections 1, 3 and 4 so far as relating to criminal proceedings. |
| 11 & 12 Vict. c. 79 | Justiciary (Scotland) Act 1848 | Section 4. |
| Section 7. | ||
| Sections 11 and 12. | ||
| 15 & 16 Vict. c. 27 | Evidence (Scotland) Act 1852 | Sections 1, 3 and 4 so far as relating to criminal proceedings. |
| 16 & 17 Vict. c. 80 | Sheriff Courts (Scotland) Act 1853 | Section 34. |
| 31 & 32 Vict. c. 95 | Court of Justiciary (Scotland) Act 1868 | Section 1. |
| Section 10. | ||
| Section 16. | ||
| Section 18. | ||
| 50 & 51 Vict. c. 35 | Criminal Procedure (Scotland) Act 1887 | Sections 1 and 2. |
| In section 3, the words from "and all indictments" to the end of the section. | ||
| Sections 4 to 44. | ||
| Sections 47 to 76. | ||
| 51 & 52 Vict. c. 36 | Bail (Scotland) Act 1888 | The whole act. |
| 61 & 62 Vict. c. 36 | Criminal Evidence Act 1898 | The whole act, except so far as relating to courts-martial. |
| 7 Edw. 7. c. 51 | Sheriff Courts (Scotland) Act 1907 | Section 4 so far as relating to criminal proceedings. |
| 8 Edw. 7. c. 65 | Summary Jurisdiction (Scotland) Act 1908 | Section 2. |
| Section 10. | ||
| Section 19(3) and (5). | ||
| Section 30. | ||
| Section 43. | ||
| Sections 45 to 47. | ||
| Section 77. | ||
| 6 & 7 Geo. 5. c. 50 | Larceny Act 1916 | Section 39(2) and (3). |
| 9 & 10 Geo. 5. c. 71 | Sex Disqualification (Removal) Act 1919 | Sections 1 and 4(2) so far as relating to criminal proceedings. |
| 11 & 12 Geo. 5. c. 50 | Criminal Procedure (Scotland) Act 1921 | The whole act. |
| 15 & 16 Geo. 5. c. 81 | Circuit Courts and Criminal Procedure (Scotland) Act 1925 | The whole act. |
| 16 & 17 Geo. 5. c. 15 | Criminal Appeal (Scotland) Act 1926 | Sections 1 to 3. |
| In section 4(1), the first and second sentences. | ||
| Sections 5 to 18. | ||
| 23 & 24 Geo. 5. c. 41 | Administration of Justice (Scotland) Act 1933 | Section 19. |
| Section 21. | ||
| 1 Edw. 8 & 1 Geo. 6. c. 37 | Children and Young Persons (Scotland) Act 1937 | Sections 24 and 25. |
| Sections 39 to 45. | ||
| Section 46 so far as relating to criminal proceedings. | ||
| Sections 47 to 55. | ||
| Section 57(1) and (2). | ||
| Section 58. | ||
| Section 58A(1). | ||
| Section 59(2), (3) and (4). | ||
| Section 63. | ||
| Section 67. | ||
| Section 103. | ||
| Schedule 1. | ||
| 3 & 4 Geo. 6. c. 42 | Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 | Section 8. |
| 12, 13 & 14 Geo. 6. c. 94 | Criminal Justice (Scotland) Act 1949 | Part I, except sections 21 and 42. |
| Section 67. | ||
| Section 79(2). | ||
| Schedule 2. | ||
| In Schedule 11, the entries relating to the Criminal Procedure (Scotland) Act 1887 and the Children and Young Persons (Scotland) Act 1937 (other than section 62 thereof). | ||
| 2 & 3 Eliz. 2. c. 48 | Summary Jurisdiction (Scotland) Act 1954 | Sections 1 to 73. |
| In section 74, in subsection (1), the first sentence, and subsection (2). | ||
| Section 75. | ||
| Section 76(1)(a), (b) and (c). | ||
| Section 77, except for the definition of "High Court". | ||
| Section 78. | ||
| Schedule 1. | ||
| Schedule 4. | ||
| 8 & 9 Eliz. 2. c. 23 | First Offenders (Scotland) Act 1960 | The whole act. |
| 8 & 9 Eliz. 2. c. 61 | Mental Health (Scotland) Act 1960 | Sections 54 and 55. |
| Section 57(1) to (4). | ||
| Section 59(1). | ||
| Section 60(1), (2) and (4). | ||
| Sections 62 and 63. | ||
| Section 96(5). | ||
| In Schedule 4, the entry relating to the Criminal Justice (Scotland) Act 1949. | ||
| 1963 c. 37 | Children and Young Persons Act 1963 | In section 57, subsection (2) and, in subsection (4), the words "and 54". |
| 1963 c. 39 | Criminal Justice (Scotland) Act 1963 | Section 1. |
| Section 2(2). | ||
| Section 3. | ||
| Sections 6 to 8. | ||
| Section 13. | ||
| Sections 16 and 17. | ||
| Sections 23 to 25. | ||
| Section 26(1). | ||
| Sections 27 to 47. | ||
| In section 53(1), the words "sections 39 and 40". | ||
| In section 53(3), the words "section 38". | ||
| In Schedule 1, paragraphs 4 to 10. | ||
| In Schedule 3, Part I. | ||
| In Schedule 5, the entries relating to the Summary Jurisdiction (Scotland) Act 1954 and the First Offenders (Scotland) Act 1960. | ||
| 1965 c. 39 | Criminal Procedure (Scotland) Act 1965 | The whole act. |
| 1965 c. 71 | Murder (Abolition of Death Penalty) Act 1965 | Section 1(1), (2), (3) and (5) except so far as relating to courts-martial. |
| 1966 c. 19 | Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 | Section 9. |
| 1967 c. 80 | Criminal Justice Act 1967 | Section 48(1). |
| Section 54(6) and (8). | ||
| Section 62(8). | ||
| Section 64(2)(c). | ||
| Section 68. | ||
| Section 72(1) to (4). | ||
| Section 93(3). | ||
| In Schedule 6, paragraph 21. | ||
| 1968 c. 49 | Social Work (Scotland) Act 1968 | Section 56, except subsection (5). |
| Section 57(1). | ||
| In Schedule 2, in Part I, in paragraph 2, the words "(except in section 54)". | ||
| In Schedule 2, Part II, except in paragraph 16, section 58A (2) and (3) of the Children and Young Persons (Scotland) Act 1937, and paragraphs 7 and 18. | ||
| In Schedule 8, paragraphs 1, 22 to 31, 55, 56 and 69 to 72. | ||
| 1969 c. 54 | Children and Young Persons Act 1969 | In Schedule 5, paragraphs 25, 26, 67 and 68. |
| In Schedule 5, in paragraph 65(2), the words "and 13". | ||
| 1972 c. 71 | Criminal Justice Act 1972 | Section 23. |
| 1973 c. 62 | Powers of Criminal Courts Act 1973 | In section 53, the words from "or under" to "1949". |
| In section 58(a), the word "53". | ||
| In Schedule 5, paragraphs 3, 8, 11, 18 and 19. | ||
| 1973 c. 65 | Local Government (Scotland) Act 1973 | In Schedule 27, paragraphs 6, 7 and 15. |
| Citation | Title | Extent of revocation |
|---|---|---|
| 1815 (June 26) | Act of Adjournal—High Court (Scotland) Fines and Forfeited Penalties 1815 | The words from "all fines imposed" (where those words first occur) to "otherwise disposed of". |
| 1817 (Sep. 9) | Act of Adjournal—Swearing the same Assize on different trials 1817 | The whole act. |
| 1821 (July 9) | Act of Adjournal—Doubles of Indictments and Criminal Letters 1821 | The whole act. |
| 1849 (Aug. 1) | Act of Adjournal—Procedure and Records in the High Court 1849 | Sections III and V. |
| 1879 (Feb. 22) | Act of Adjournal—Sentences of Imprisonment 1879 | The whole act. |
| 1887 (Nov. 3) | Act of Adjournal—Summoning of Jurors and Report under Public Record (Scotland) Act 1809 1887 | Section (3). |
| 1900 (Mar. 20) | Act of Adjournal—Fine or Imprisonment (Scotland and Ireland) Act 1899 1900 | The whole act. |
| 1909 (Mar. 20) | Act of Adjournal—Appeals under section 63 of the Summary Jurisdiction (Scotland) Act 1908 1909 | The whole act. |
| SR&O 1920/2462 | Act of Adjournal—Return of Jurors for Sittings of High Court at Edinburgh 1920 | The whole act. |
| SR&O 1921/167 | Act of Adjournal—Sex Disqualification (Removal) Act 1919 and Jurors (Enrolment of Women) (Scotland) Act 1920 1921 | The whole act. |
| SR&O 1925/366 | Act of Adjournal—Absent Jurors, Application and Remissions of Fines 1925 | The whole act. |
| SR&O 1926/1373 | Act of Adjournal—Criminal Appeal (Scotland) Act 1926 1926 | The whole act, except section 19(b) and the Schedule. |
| 1935 (Mar. 22) | Act of Adjournal—Shorthand Notes at Criminal Trials 1935 | The whole act. |
| SR&O 1936/1151 | Act of Adjournal—Verdicts and Sentences 1936 | The whole act. |
| 1950 (June 15) | Act of Adjournal Fines on Indictments (Payment by Instalments) 1950 | The whole act. |
| SI 1964/249 | Act of Adjournal (Summary Procedure) 1964 | The whole act, except sections 13 and 14 and the Schedule. |
| SI 1966/694 | Act of Adjournal (Procedure in Criminal Trials Amendment) 1966 | The whole act. |
Subsequent developments
The whole act was repealed by section 6(1) of, and schedule 5 to, the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, which came into force on 1 April 1996.[3]