PART I continued
Without prejudice to any power to do so apart from this section, prints, impressions and samples lawfully held by or on behalf of any police force or in connection with or as a result of an investigation of an offence and information derived therefrom may be checked against other such prints, impressions, samples and information.”.
In section 2(3A) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (detention and questioning at police station)—
(a) for the words from “he” to “be” there shall be substituted “and is”; and
(b) after the word “detention” there shall be inserted “, the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention”.
For subsection (1) of section 7 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (jurisdiction of district courts in relation to statutory offences) there shall be substituted the following subsections—
“(1) Except in so far as any enactment (including this Act and an enactment passed after this Act) otherwise provides, it shall be competent for a district court to try any statutory offence which is triable summarily.
(1A) Without prejudice to any other or wider power conferred by any enactment, it shall not be competent for a district court, as respects any statutory offence—
(a) to impose a sentence of imprisonment for a period exceeding 60 days;
(b) to impose a fine of an amount exceeding level 4 on the standard scale; or
(c) to ordain an accused person to find caution for any period exceeding six months or to an amount exceeding level 4 on the standard scale.”.
(1) Section 56 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987 (conditional offer of fixed penalty by procurator fiscal) shall be amended as follows.
(2) After subsection (2) there shall be inserted the following subsection—
“(2A) In this section “the appropriate fixed penalty” means such fixed penalty on the scale prescribed under subsection (7) below as the procurator fiscal thinks fit having regard to the circumstances of the case.”.
(3) In subsection (3)(b)(i), after the word “the” in the second place where it occurs there shall be inserted “appropriate”.
(4) After subsection (3) there shall be inserted the following subsection—
“(3A) A conditional offer may be made in respect of more than one relevant offence and shall, in such a case, state the amount of the appropriate fixed penalty for all the offences in respect of which it is made.”.
(5) In each of subsections (4) and (6), after the words “payment of the” there shall be inserted “appropriate”.
(6) For subsection (7) there shall be substituted the following subsections—
“(7) The Secretary of State shall, by order, prescribe a scale of fixed penalties for the purposes of this section, the amount of the maximum penalty on the scale being a sum not exceeding level 1 on the standard scale.
(7A) An order under subsection (7) above—
(a) may contain provision as to the payment of fixed penalties by instalments; and
(b) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.
(7) In subsection (8), after the words “instalment of the” there shall be inserted “appropriate”.
(1) Section 331 of the 1975 Act (time limit for summary prosecution of statutory offences) shall be amended as follows.
(2) In subsection (1), after the words “in respect of” there shall be inserted “any offence triable only summarily and consisting of”.
(3) Subsection (2) shall cease to have effect.
After section 310 of the 1975 Act there shall be inserted the following section—
Except where any enactment otherwise expressly provides, all prosecutions under this Part of this Act shall be brought at the instance of the procurator fiscal.”.
In subsection (1) of section 22 of the [1986 c. 47.] Legal Aid (Scotland) Act 1986 (circumstances in which criminal legal aid automatically available), after paragraph (d) there shall be inserted the following paragraphs—
“(da) in relation to any proceedings under solemn or summary procedure whereby the court determines (whether or not on a plea by the accused person) whether he is insane so that his trial cannot proceed or continue;
(db) in relation to an examination of facts held under section 174ZA or 375ZA of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 and the disposal of the case following such examination of facts;
(dc) in relation to any appeal under section 174ZD (appeal by accused in case involving insanity) or 174ZE (appeal by Lord Advocate in case involving insanity) or section 375ZD or 375ZE (equivalent provisions as respects summary procedure) of that Act of 1975;”.
(1) Section 25 of the [1986 c. 47.] Legal Aid (Scotland) Act 1986 (legal aid in criminal appeals) shall be amended in accordance with subsections (2) to (5) below.
(2) In subsection (1)—
(a) after the word “sentence” there shall be inserted “, other disposal”; and
(b) at the end there shall be inserted the words “other than an appeal in relation to which section 22(1)(dc) of this Act applies.”.
(3) In subsection (2)—
(a) the words “the Board is satisfied” shall cease to have effect;
(b) in paragraph (a), after the word “below,” there shall be inserted “the Board is satisfied”; and
(c) for paragraph (b) and the preceding “and” there shall be substituted—
“(b) in the case of an appeal under section 228(1) or 442(1)(a) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, leave to appeal is granted; and
(c) in the case of an appeal under any provision of that Act other than sections 228(1) and 442(1)(a), where the applicant is the appellant, the Board is satisfied that in all the circumstances of the case it is in the interests of justice that the applicant should receive criminal legal aid.”.
(4) After subsection (2) there shall be inserted the following subsection—
“(2A) Where the Board has refused an application for criminal legal aid on the ground that it is not satisfied as mentioned in subsection (2)(c) above the High Court may, at any time prior to the disposal of an appeal, whether or not on application made to it, notwithstanding such refusal determine that it is in the interests of justice that the applicant should receive criminal legal aid in connection with the appeal, and the Board shall forthwith make such legal aid available to him.”.
(5) For subsection (5) there shall be substituted the following subsections—
“(5) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with consideration under section 230A, 442ZA or 453AA of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 whether to grant leave to appeal as if—
(a) in subsection (2)(a), for the words “of the appeal” there were substituted “in connection with consideration whether to grant leave to appeal”; and
(b) in subsection (4), after the word “is” there were inserted “, subject to leave being granted,”.
(6) Subsections (2)(a) and (c) and (2A) to (4) above shall apply to an application for criminal legal aid in connection with a petition to the nobile officium of the High Court of Justiciary (whether arising in the course of any proceedings or otherwise) as they apply for the purposes of subsection (1) above.
(7) Subsections (2)(a), (3) and (4) above shall apply to an application for criminal legal aid in connection with a reference by the Secretary of State under section 263 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 as they apply for the purposes of subsection (1) above.”.
(6) In section 30(3) of that Act (application of section 25 of that Act to legal aid in contempt proceedings)—
(a) before the words “Section 25” there shall be inserted “Subsections (2)(a) and (c), (2A) to (4) and (6) of”;
(b) for the words “it applies” there shall be substituted “they apply”;
(c) after the word “sentence” there shall be inserted “, other disposal”;
(d) after the word “application” there shall be inserted the following paragraph—
“(za) in subsection (2A) of that section, the reference to the High Court shall include a reference to the Court of Session;”; and
(e) in paragraph (b), for the word “(5)” there shall be substituted “(6)”.
In section 27(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prisons etc.)—
(a) after paragraph (a) there shall be inserted—
“(aa) making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;
(ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;”; and
(b) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraphs—
“(v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 174ZC(2)(d) or 375ZC(2)(d) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975; and
(vi) persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person; and
(vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; and”.
(1) Section 403 of the 1975 Act (transfer of fine orders), shall be amended as follows.
(2) In subsection (3), at the beginning there shall be inserted the words “Subject to subsections (3A) and (3B) below,”.
(3) After subsection (3) there shall be inserted the following subsections—
“(3A) Where—
(a) the court specified in a transfer of fine order is satisfied, after inquiry, that the offender is not residing within the jurisdiction of that court; and
(b) the clerk of that court, within 14 days of receiving the notice required by section 404(1) of this Act, sends to the clerk of the court which made the order notice to that effect,
the order shall cease to have effect.
(3B) Where a transfer of fine order ceases to have effect by virtue of subsection (3A) above, the functions referred to in subsection (3) above shall again be exercisable by the court which made the order or, as the case may be, by the clerk of that court.”.
In section 55(2) of the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 (effect of discharge of bankrupt on certain liabilities), after paragraph (a) there shall be inserted the following paragraphs—
“(aa) any liability to pay a fine imposed in a district court;
(ab) any liability under a compensation order within the meaning of section 58 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980;”.
For subsection (3) of section 40 of the [1989 c. 45.] Prisons (Scotland) Act 1989 (persons unlawfully at large) there shall be substituted the following subsection—
“(3) In this section—
(a) any reference to a person sentenced to imprisonment shall be construed as including a reference to any person sentenced or ordered to be detained under section 205, 206 or 413 of the 1975 Act;
(b) any reference to a prison shall be construed as including a reference to a place where the person is liable to be detained under the sentence or order; and
(c) any reference to a sentence shall be construed as including a reference to an order under section 413 of that Act.”.