Criminal Justice (Scotland) Act 1980

• Citation: 1980 c. 62
• Sections: 185

Section 3C Provisions relating to consultations and access in connection with terrorism.

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Section 25 Interpretation of 1975 Act.

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Section 45 Detention of young defenders

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(3) In the 1975 Act, sections 204 and 414 (Borstal training) and sections 209 and 418 (detention in detention centre) shall cease to have effect.

(4) Without prejudice to any specific amendment made by this Act, in Scotland a reference in any enactment to which this subsection applies—

(a) to a Borstal institution, shall be construed as a reference to a young offenders institution; and

(b) to a period of training in a Borstal institution, shall be construed as a reference to a period of detention in a young offenders institution.

(5) The enactments to which subsection (4) above applies are—

(a) any Act passed before, or during the same session as, this Act; and

(b) any subordinate legislation made before the commencement of this Act;

and in this subsection

“ Act ” and “ subordinate legislation ” have the same meanings as in the Interpretation Act 1978.

Section 51 Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine.

After section 38 of the Criminal Law Act 1977 there shall be inserted the following section—

Execution in different parts of the United Kingdom of warrants for imprisonment for non-payment of fine.

(38A)

(1) Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested—

(a) in England and Wales, by any constable acting within his police area ;

(b) in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve ;

and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest.

(2) Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable appointed for a police area, in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine.

(3) A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested ; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom.

(4) An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851.

(5) In this section—

“ fine ” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution ;

“ imprisonment ” includes,in the case of a person who is under the age of 21 years, detention ;

“ part of the United Kingdom ” means England and Wales, Scotland or Northern Ireland ;

“ prison ” means—

(i) in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution ; and

(ii) in the case of a person under that age arrested in Northern Ireland, a young offenders centre ; and

“ sum adjudged to be paid by a conviction ”has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964.

(6) This section shall not apply to the arrest of persons under the age of 17 years.

Section 56 Penalties for drunkenness.

(1) In section 70 of the Licensing (Scotland) Act 1903 (penalties for drunkenness, etc. )—

(a) in the first paragraph of subsection (1) for the words from “and may be taken” to the end of that paragraph there shall be substituted the words “ and shall be liable on summary conviction to a fine not exceeding £50 ” ;

(b) in the second paragraph of that subsection for the words from “forty” to the end of that paragraph there shall be substituted the words “ £50 ” ;

(c) after that subsection there shall be inserted the following subsection—

(1A) A constable may arrest without warrant any person who he has reasonable grounds for suspecting is committing an offence under subsection (1) above.

(d) in subsection (2) for the words from “forty” to the end of the first sentence there shall be substituted the words “ £50 ” .

(2) Section 382 of the Burgh Police (Scotland) Act 1892 shall cease to have effect.

Section 57 Penalty for second conviction of assault on constable.

In section 41(1)(ii) of the Police (Scotland) Act 1967 (assaults on constables, etc.), at the end there shall be added the words “ or to a fine not exceeding the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975, or to both. ” .

Section 58 Compensation order against convicted person.

(1) Subject to subsection (3) below, where a person is convicted of an offence the court, instead of or in addition to dealing with him in any other way, may make an order (in this Act referred to as “ a compensation order ”) requiring him to pay compensation for any personal injury, loss or damage caused (whether directly or indirectly) by the acts which constituted the offence:

Provided that it shall not be competent for a court to make a compensation order—

(a) where, under section 182 of the 1975 Act, it makes an order discharging him absolutely;

(b) where, under section 183 of that Act, it makes a probation order; or

(c) at the same time as, under section 219 or 432 of that Act, it defers sentence.

(2) Where, in the case of an offence involving the dishonest appropriation, or the unlawful taking and using, of property or a contravention of section 175(1) of the Road Traffic Act 1972 (taking motor vehicle without authority etc.) the property is recovered, but has been damaged while out of the owner’s possession, that damage (however and by whomsoever it was in fact caused) shall be treated for the purposes of subsection (1) above as having been caused by the acts which constituted the offence.

(3) No compensation order shall be made in respect of—

(a) loss suffered in consequence of the death of any person; or

(b) injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated, by virtue of subsection (2) above, as having been caused by the convicted person’s acts.

Section 59 Amount of compensation order.

(1) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such order, the court shall take into consideration his means so far as known to the court:

Provided that where the person is serving, or is to serve, a period of imprisonment or detention no account shall be taken, in assessing such means, of earnings contingent upon his obtaining employment after release.

(2) In solemn proceedings there shall be no limit on the amount which may be awarded under a compensation order.

(3) In summary proceedings—

(a) a sheriff, or a stipendiary magistrate appointed under section 5 of the District Courts (Scotland) Act 1975, shall have power to make a compensation order awarding in respect of each offence an amount not exceeding the prescribed sum (within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975);

(b) a judge of a district court (other than such stipendiary magistrate) shall have power to make a compensation order awarding in respect of each offence an amount not exceeding level 4 on the standard scale .

Section 60 Payment under compensation order.

(1) Payment of any amount under a compensation order shall be made to the clerk of the court who shall account for the amount to the person entitled thereto.

(2) Only the court shall have power to enforce a compensation order.

Section 61 Guidance as to whether compensation order or fine should be preferred.

Where a court considers that in respect of an offence it would be appropriate to impose a fine and to make a compensation order but the convicted person has insufficient means to pay both an appropriate fine and an appropriate amount in compensation the court should prefer a compensation order.

Section 62 Precedence of compensation order over fine.

Where a convicted person has both been fined and had a compensation order made against him in respect of the same offence or different offences in the same proceedings, a payment by the convicted person shall first be applied in satisfaction of the compensation order.

Section 63 Appeal as regards compensation order.

(1) For the purposes of any appeal or review, a compensation order is a sentence.

(2) Where a compensation order has been made against a person, a payment made to the court in respect of the order shall be retained until the determination of any appeal in relation to the order.

Section 64 Review of compensation order.

Without prejudice to the power contained in section 395A of the 1975 Act, (as applied by section 66 of this Act), at any time before a compensation order has been complied with or fully complied with—

(a) in a case where, as respects the compensation order, a transfer of fine order under section 403 of the 1975 Act (as applied by the said section 66) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or

(b) in any other case, the court which made the compensation order or (where that court was the High Court) by which the order was first enforceable,

may, on the application of the person against whom the compensation order was made, discharge the compensation order, or reduce the amount that remains to be paid, if it appears to the court either that the injury, loss or damage in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the compensation order or that property the loss of which is reflected in the compensation order has been recovered.

Section 65 Acts of Adjournal.

The High Court’s power to make Acts of Adjournal under sections 282 and 457 of the 1975 Act shall include power to make rules with regard to any of the provisions of this Part of this Act, including rules relating to the award and payment, by compensation orders, of sums to persons under any legal disability.

Section 66 Application of provisions relating to fines to enforcement of compensation orders.

(1) The provisions of the 1975 Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and sections 91 of the Magistrates’ Courts Act 1980 and 104B of the Magistrates’ Courts Act (Northern Ireland) 1964 shall be construed accordingly.

(2) The provisions mentioned in subsection (1) above are—

section 194 (application to solemn procedure of summary procedure provisions relating to fines);

section 196 (fines etc., may be enforced in other district);

section 395(2) to (7) (application of money found on offender);

section 395A (power to remit fines), with the omission of the words “ or (4) ” in subsection (2) of that section;

section 396 (time for payment) with the omission of the words from “unless” to “ its decision ” in subsection (4) and of subsection (5) of that section;

section 397 (further time for payment);

section 398 (reasons for default);

section 399 (payment by instalments);

section 400 (supervision pending payment of fine);

section 401 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings;

section 402 (fines etc., may be enforced in another district);

section 403 (transfer of fine orders);

section 404 (action of clerk of court on transfer of fine order);

section 406 (substitution of custody for imprisonment where child defaults on fine);

section 407(1)(b), (1A), (1B), (1D), (2) and (4) (maximum period of imprisonment for non-payment of fine):

Provided that—

(a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but not vice versa ; and

(b) where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of the said subsection (1A), be aggregated;

section 408 (discharge from imprisonment to be specified);

section 409 (payment of fine in part by prisoner);

section 411 (recovery by civil diligence); and

Schedule 7 (application of sums paid as part of fine under section 409).

Section 67 Effect of compensation order on subsequent award of damages in civil proceedings.

(1) This section shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the order or award ; but where the whole or part of the amount awarded by the order or award has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order or award .

(3) Where the whole or part of the amount awarded by the order or award remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order or award was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment—

(a) if it is for an amount not exceeding the amount unpaid under the order or award , shall not be enforced; or

(b) if it is for an amount exceeding the amount unpaid under the order or award , shall not be enforced except to the extent that it exceeds the amount unpaid,

without the leave of the court.

(4) In this section a “ service compensation order or award ” means—

(a) an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b) an award of stoppages payable by way of compensation under any of those Acts.

Section 68 Designation of sports grounds and sporting events.

(1) The Secretary of State may for the purposes of this Part of this Act by order designate—

(a) a sports ground or a class of sports ground;

(b) a sporting event, or a class of sporting event, at that ground or at any of that class of ground:

Provided that a sporting event at which all the participants take part without financial or material reward and to which all spectators are admitted free of charge shall not be subject to an order under this section; but this proviso is without prejudice to the order’s validity as respects any other sporting event.

(c) a sporting event, or a class of sporting event, taking place outside Great Britain:

(2) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 69 Alcohol on vehicle travelling to or from sporting event.

Where a public service vehicle or railway passenger vehicle is being operated for the principal purpose of conveying passengers for the whole or part of a journey to or from a designated sporting event, then—

(a) any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both;

(b) if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale ; and

(c) any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale .

Section 70 Liability of vehicle operator and his employees and agents.

Notwithstanding section 92 of the Licensing (Scotland) Act 1976 (restriction on carriage of alcoholic liquor in crates on contract carriages), but subject to section 71 of this Act, if the operator of a public service vehicle which is being operated as mentioned in section 69 of this Act, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale .

Section 70A Alcohol on certain other vehicles.

(1) This section applies to a motor vehicle which is not a public service vehicle but is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.

(2) Any person in possession of alcohol on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.

(3) Any person who is drunk on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) Any person who permits alcohol to be carried on a vehicle to which this section applies and—

(a) is the driver of the vehicle, or

(b) where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available. shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 71 Defences in connection with carriage of alcohol.

Where a person is charged with an offence under section 69( b ) , 70 or 70A(4) of this Act, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.

Section 72 Possession of container at sporting event.

(1) Any person who—

(a) is in possession of a controlled container in; or

(b) while in possession of a controlled container, attempts to enter,

the relevant area of a designated sports ground at any time during, the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.

(2) In subsection (1) above, the term “ controlled container ” means any bottle, can or other portable container, whether open or sealed, which is, or was in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product for a medicinal purpose.

(3) In subsection (2) above, “ medicinal product ” and “ medicinal purpose ” have the meanings assigned to those terms by section 130 of the Medicines Act 1968.

Section 72A Possession of fireworks etc. at sporting events.

(1) Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event shall be guilty of an offence.

(2) Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence.

(3) A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.

(4) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had lawful authority to be in possession of the controlled article or substance.

(5) In subsections (1) and (2) above “ controlled article or substance ” means—

(a) any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and

(b) any article which is a firework.

Section 73 Possession of alcohol at sporting event.

Any person who—

(a) is in possession of alcohol in; or

(b) while in possession of alcohol, attempts to enter,

the relevant area of designated sports ground at any time during the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.

Section 74 Drunkenness at sporting event.

Any person who—

(a) is drunk in; or

(b) while drunk, attempts to enter,

the relevant area of a designated sports ground at any time during the period of a designated sporting event shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale .

Section 75 Police powers of enforcement.

For the purpose of enforcing the provisions of this Part of this Act, a constable shall have the power without warrant—

(a) to enter a designated sports ground at any time during the period of a designated sporting event;

(b) to search a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;

(c) to stop and search a vehicle where he has reasonable grounds to suspect that an offence under section 69 , 70 or 70A of this Act is being or has been committed;

(d) to arrest a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;

(e) to seize and detain—

(i) with its contents (if any), a controlled container as defined in section 72(2) of this Act;. . .

(ii) with its contents, any other container if he has reasonable grounds to suspect that those contents are or include alcohol

; or

a controlled article or substance as defined in section 72A(5) of this Act.

Section 76 Presumption as to contents of container.

(1) For the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act, any liquid contained in a container (sealed or open) shall, subject to subsection (2) below, be presumed to conform to the description of the liquid on the container.

(2) Subsections (3) to (6) of section 127 of the Licensing (Scotland) Act 1976 (right of accused to challenge presumption as to contents) shall apply in relation to subsection (1) above as they apply in relation to subsection (2) of that section.

Section 76 Presumption as to contents of container.

Section 127 of the Licensing (Scotland) Act 1976 shall apply for the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act as it applies for the purposes of any trial in connection with an alleged contravention of any provision of that Act.

Section 77 Interpretation of Part V.

In this Part of this Act, unless the context otherwise requires—

“ advertised ” means announced in any written or printed document or in any broadcast announcement;

“ alcohol ” means alcoholic liquor as defined in section 139 of the Licensing (Scotland) Act 1976;

“ designated ” means designated by the Secretary of State by order under section 68 of this Act and “ designated sporting event ” includes a sporting event designated, or of a class designated, under section 9(3)( a ) of the Sporting Events (Control of Alcohol etc.) Act 1985 ;

“ keeper ”, in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the Vehicles (Excise) Act 1971;

“ motor vehicle ” means a mechanically propelled vehicle intended or adapted for use on roads;

“ period of a designated sporting event ” means the period commencing two hours before the start and ending one hour after the end of a designated sporting event, except that where the event is advertised as to start at a particular time but is delayed or postponed it includes, and where for any reason an event does not take place it means, the period commencing two hours before and ending one hour after, that particular time;

“ public service vehicle ” has the like meaning as in the Public Passenger Vehicles Act 1981 and “ operator ” in relation to such a vehicle means—

(a) the driver if he owns the vehicle; and

(b) in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);

“ railway passenger vehicle ” has the same meaning as in the Licensing (Scotland) Act 1976

“ relevant area ” means any part of a sports ground—

(a) to which spectators attending a designated sporting event are granted access on payment; or

(b) from which a designated sporting event may be viewed directly;

“ sporting event ” means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and

“ sports ground ” means any place whatsoever which is designed, or is capable of being adapted, for the holding of sporting events in respect of which spectators are accommodated.

Section 79 Grants in respect of hostel accomodation for persons under supervision.

After section 27A of the Social Work (Scotland) Act 1968 there shall be inserted the following section—

Grants in respect of hostel accomodation for persons under supervision.

(27B) The Secretary of State may make to a local authority grants of such amount and subject to such conditions as he may with the consent of the Treasury determine in respect of expenditure incurred by the authority under this Act in—

(a) providing ; or

(b) contributing by way of grant under section 10(3) of this Act to the provision by a voluntary organisation of,

residential accommodation wholly or mainly for the persons mentioned in sub-paragraphs (i) and (ii) of section 27(1)(b) of this Act.

Section 81 Interpretation etc.

(1) In this Act—

“ the 1975 Act ” means the Criminal Procedure (Scotland) Act 1975;

...

(2) Except where the context otherwise requires, expressions used in this Act and in the 1975 Act shall have the same meanings in this Act as in that Act.

Section 82 Financial provisions.

There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

Section 83 Transitional provisions, consequential amendments and repeals.

(1) Schedule 6 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

(2) The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified, being minor amendments or amendments consequential on the provisions of this Act.

(3) The enactments specified in Schedule 8 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

Section 84 Short title, commencement and extent.

(1) This Act may be cited as the Criminal Justice (Scotland) Act 1980.

(2) This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument; and different dates may be so appointed for different provisions or different purposes.

(3) Any order under subsection (2) above may make such transitional provision as appears to the Secretary of State to be expedient in connection with the provisions thereby brought into force.

(4) Subject to subsections (5) to (7) below, this Act extends to Scotland only.

(5) This section and the following provisions extend to England and Wales—

section 22;

section 51;

section 66 for the purposes of the construction mentioned in subsection (1) of that section;

paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6;

paragraphs 6( a ), 7 to 12, 24, 58 and 79 of Schedule 7; and

Schedule 8 so far as relating to the Criminal Justice Act 1961 and to section 365 of the 1975 Act.

(6) This section, section 22, section 51, section 66 for the purposes of the construction mentioned in subsection (1) of that section, paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6, paragraphs 6(a), 7 to 12 and 77 of Schedule 7, and Schedule 8 so far as relating to the Criminal Justice Act 1961 extend to Northern Ireland.

(7) This section, paragraphs 6(a) and 10 (a) of Schedule 7, and Schedule 8 so far as relating to section 32(2)(b) of the Criminal Justice Act 1961, extend to the Channel Islands and the Isle of Man.

Section 1

For section 228 (right of appeal), there shall be substituted the following section—

(228)

(1) Any person convicted on indictment may appeal in accordance with the provisions of this Part of this Act, to the High Court—

(a) against such conviction ;

(b) against the sentence passed on such conviction ; or

(c) against both such conviction and such sentence :

Provided that there shall be no appeal against any sentence fixed by law.

(2) By an appeal under subsection (1) of this section, a person may bring under review of the High Court any alleged miscarriage of justice in the proceedings in which he was convicted, including any alleged miscarriage of justice on the basis of the existence and significance of additional evidence which was not heard at the trial and which was not available and could not reasonably have been made available at the trial.

Section 2

Section 229 (certificate by judge that case appealable) shall cease to have effect.

Section 3

For section 231 (time for appealing), there shall be substituted the following section—

Intimation of intention to appeal.

(231)

(1) Subject to section 236B(2) of this Act, where a person desires to appeal under section 228(1)(a) or (c) to appeal. of this Act, he shall, within two weeks of the final determination of the proceedings, lodge with the Clerk of Justiciary written intimation of intention to appeal and send a copy to the Crown Agent.

(2) Such intimation shall identify the proceedings and be in as nearly as may be the form prescribed by Act of Adjournal under this Act.

(3) On such intimation being lodged by a person in custody, the Clerk of Justiciary shall give notice thereof to the Secretary of State.

(4) For the purposes of subsection (1) above and section 270(2) of this Act, proceedings shall be deemed finally determined on the day on which sentence is passed in open court; except that, where in relation to an appeal under section 228(1)(a) of this Act sentence is deferred under section 219 of this Act, they shall be deemed finally determined on the day on which sentence is first so deferred in open court.

Section 4

Section 232 (calculating days of appeal etc.) shall cease to have effect.

Section 5

For section 233 (forms of appeal) there shall be substituted the following section—

Note of appeal.

(233)

(1) Subject to section 236B(2) of this Act, within six weeks of lodging intimation of intention to appeal or, in the case of an appeal against sentence alone, within two weeks of the passing of the sentence in open court, the convicted person may lodge a written note of appeal with the Clerk of Justiciary who shall send a copy to the judge who presided at the trial and to the Crown Agent :

Provided that the first mentioned period may be extended, before expiry thereof, by the Clerk of Justiciary.

(2) Such a note shall identify the proceedings, contain a full statement of all the grounds of appeal and be in as nearly as may be the form prescribed by Act of Adjournal under this Act.

(3) Except by leave of the High Court on cause shown it shall not be competent for an appellant to found any aspect of his appeal on a ground not contained in the note of appeal.

(4) On a note of appeal against sentence alone being lodged by an appellant in custody the Clerk of Justiciary shall give notice thereof to the Secretary of State.

Section 6

In section 234 (presentation of appeal in writing), in each of subsections (1) and (3) the words “or an applicant for leave to appeal” and “or application for leave to appeal” shall cease to have effect.

Section 7

In section 236 (proceedings in sheriff court to be furnished) the words “or application for leave to appeal” shall cease to have effect.

Section 8

After section 236 there shall be inserted the following sections—

Judge’s report.

(236A)

(1) As soon as is reasonably practicable afterhis receipt of the copy note of appeal sent to him under section 233(1) of this Act, the judge who presided at the trial shall furnish the Clerk of Justiciary with a report in writing giving the judge’s opinion on the case generally and on the grounds contained in the note of appeal ; and the Clerk of Justiciary shall send a copy of the report to the convicted person or his solicitor, to the Crown Agent, and, in a case referred under section 263(1) this Act, to the Secretary of State.

(2) Where the judge’s report is not furnished as mentioned in subsection (1) above, the High Court may call for such report to be furnished within such period as it may specify or, if it thinks fit, hear and determine the appeal without such report.

(3) Subject to subsection (1) above, the report of the judge shall be available only to the High Court and the parties.

Computation of periods.

(236B)

(1) Where the last day of any period mentioned in sections 231(1) and 233(1) of this Act falls on a day which the office of the Clerk of Justiciary is closed, such period shall extend to and include the next day on which such office is open.

(2) Any period mentioned in section 231(1) or 233(1) of this Act may be extended at any time by the High Court in respect of any convicted person ;and application for such extension may be made under this subsection and shall be in as nearly as may be the form prescribed by Act of Adjournal under this Act.

Signing of Documents

(236C) Any intimation of intention to appeal note of appeal or application in terms of section 236B(2) of this Act shall be signed by the convicted person or by his counsel or solicitor.

Section 9

For section 237 (judge’s notes and report to be furnished), there shall be substituted the following section—

Note of proceedings.

(237) The High Court where hearing an appeal under this Part of this Act may require the judge Who presided at the trial to produce any notes taken by him of the proceedings at the trial.

Section 10

In section 238 (admission of appellant to bail)—

(a) in subsection (2), after the words “determine it or” there shall be inserted the words “ without prejudice to section 3 of the Bail etc. (Scotland) Act 1980 ” ; and

(b) after subsection (2) there shall be inserted the following subsection—

(3) For the purposes of subsections (1) and (2) above, “ appellant ” includes not only a person who has lodged a note of appeal but also one who has lodged an intimation of intention to appeal.

Section 11

In section 239(1) (clerk to give notice of date of hearing), for the words from “for leave to appeal or” to “by the court” there shall be substituted the words “ under section 236B(2) of this Act ” .

Section 12

In section 240 (appellant may be present at hearing), the words “and on an application for leave to appeal” shall cease to have effect.

Section 13

For section 244 (abandonment of appeal), there shall be substituted the following section—

Abandonment of appeal.

(244)

(1) An appellant may abandon his appeal by lodging with the Clerk of Justiciary a notice of abandonment in as nearly as may be the form prescribed by Act of Adjournal under this Act; and on such notice being lodged the appeal shall be deemed to have been dismissed by the court.

(2) A person who has appealed against both conviction and sentence may abandon the, appeal in so far as it is against conviction and may proceed with it against sentence alone.

Section 14

In section 245(3) (quorum and sitting of High Court) the words “from the sheriff court” shall cease to have effect.

Section 15

In section 247 (powers which may be exercised by a single judge)—

(a) the words “to give leave to appeal”, shall cease to have effect ;

(b) for the words “notice of appeal”, there shall be substituted the words “intimation of intention to appeal and note of appeal” ; and

(c) the words “or of an application for leave to appeal” shall cease to have effect.

Section 16

For section 252 (supplemental powers of High Court), there shall be substituted the following section—

Powers of High Court.

(252) Without prejudice to any existing power of the High Court, that court may for the purposes of an appeal under section 228(1) of this Act—

(a) order the production of any document or other thing connected with the proceedings ;

(b) hear any additional evidence relevant to any alleged miscarriage of justice or order such evidence to be heard by a judge of the High Court or by such other person as it may appoint for that purpose ;

(c) take account of any circumstances relevant to the case which were not before the trial judge ;

(d) remit to any fit person to enquire and report in regard to any matter or circumstance affecting the appeal ;

(e) appoint a person with expert knowledge to act as assessor to the High Court in any case where it appears to the court that such expert knowledge is required for the proper determination of the case.