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Royal arms

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

2007 asp 6

CONTENTS

  1. Part 1

    Bail

    1. 1. Determination of questions of bail

    2. 2. Bail and bail conditions

    3. 3. Breach of bail conditions

    4. 4. Bail review and appeal

    5. 5. Attitude of prosecutor after conviction

    6. 6. Time for dealing with applications

  2. Part 2

    Proceedings

    1. Police functions

      1. 7. Liberation on undertaking

    2. Summary procedure

      1. 8. Manner of citation

      2. 9. Procedure at first calling

      3. 10. Intimation of diets etc.

      4. 11. Pre-trial time limits

      5. 12. Disclosure of convictions

      6. 13. Complaints triable together

      7. 14. Proceedings in absence of accused

      8. 15. Failure of accused to appear

      9. 16. Obstructive witnesses

      10. 17. Prosecution of companies etc.

    3. Preparation for summary trial

      1. 18. Intermediate diets

      2. 19. Notice of defences

      3. 20. Proof of uncontroversial matters

      4. 21. Service of documents through solicitor etc.

    4. Transfer of summary cases

      1. 22. Transfer of proceedings

      2. 23. Time bar for transferred and related cases

    5. Other provisions

      1. 24. Reports about supervised persons

      2. 25. Summary appeal time limit

    6. Solemn cases

      1. 26. Pre-trial time limits

      2. 27. Obstructive witnesses

      3. 28. Proceedings against bodies corporate

      4. 29. Jury citation

      5. 30. Duty to seek agreement of evidence

      6. 31. Petition proceedings outwith sheriffdom

      7. 32. Failure of accused to appear

    7. Miscellaneous

      1. 33. Apprehension warrants

      2. 34. Participation in identification procedures

      3. 35. Evidence on commission

      4. 36. Victim notification scheme

      5. 37. Recovery of documents

      6. 38. Intimation of certain applications to the High Court

      7. 39. Refixing diets

      8. 40. Power of court to excuse procedural irregularities

    8. Electronic proceedings

      1. 41. Electronic proceedings

      2. 42. Further provision for summary cases

  3. Part 3

    Penalties

    1. Sentencing powers

      1. 43. Common law offences

      2. 44. Particular statutory offences

      3. 45. Other statutory offences

      4. 46. JP court: power to increase penalties

      5. 47. Fine level

      6. 48. Prescribed sum

      7. 49. Compensation orders

    2. Penalties as alternative to prosecution

      1. 50. Fixed penalty and compensation offers

      2. 51. Work orders

      3. 52. Setting aside of offers and orders

      4. 53. Disclosure of previous offers

      5. 54. Time bar where offer made

    3. Enforcement of fines etc.

      1. 55. Fines enforcement officers and their functions

      2. 56. Recognition of EU financial penalties

    4. Breach of post-conviction orders

      1. 57. Probation and community service orders

      2. 58. Restriction of liberty orders

  4. Part 4

    JP courts and JPs

    1. Establishing JP courts etc.

      1. 59. Establishing JP courts

      2. 60. Making provision for JP courts

      3. 61. Administration of JP courts

      4. 62. Area and territorial jurisdiction of JP courts

      5. 63. Constitution and powers etc. of JP courts

      6. 64. Abolition of district courts

      7. 65. Transfer of staff and property

      8. 66. Transitional arrangements for proceedings

    2. Appointment of JPs etc.

      1. 67. Appointment of JPs

      2. 68. Conditions of office

      3. 69. Training and appraisal of JPs

      4. 70. Reappointment of JPs

      5. 71. Removal of JPs

      6. 72. Disqualification of solicitors who are JPs

      7. 73. Disqualification where sequestration or bankruptcy

      8. 74. Appointment of stipendiary magistrates

      9. 75. Stipendiary magistrates: further provision

      10. 76. Signing functions

      11. 77. Records and validity of appointment etc.

  5. Part 5

    Inspection of the Crown Office and Procurator Fiscal Service

    1. 78. Appointment of Inspector

    2. 79. The Inspector’s functions

  6. Part 6

    General

    1. 80. Modification of enactments

    2. 81. Orders

    3. 82. Ancillary provision

    4. 83. Interpretation

    5. 84. Commencement and short title

    1. Schedule

      Modification of enactments

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 18th January 2007 and received Royal Assent on 22nd February 2007

An Act of the Scottish Parliament to make provision as to bail in criminal proceedings; to reform certain aspects of summary criminal procedure; to make provision in relation to solemn criminal procedure; to make provision as to maximum penalties in the summary criminal courts; to make provision for the purpose of compensation orders in favour of victims of offences; to make provision for and in relation to alternatives to prosecution; to make provision as to enforcement of financial penalties for offences; to make provision establishing the JP court and for disestablishing the district court; to provide for the inspection of the Crown Office and Procurator Fiscal Service; and for connected purposes.

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