Introductory Text
PART I PRELIMINARY
1.Citation and commencement
2.Interpretation
3.Delegation of the court administration officer’s functions
4.Service
PART II PROSECUTION OF OFFENCES
5.Referring a case to the prosecuting authority
6.Conduct of the prosecution
7.Charge sheet
8.Charges and joinder
9.Notifying the court administration officer
10.Summoning the accused
11.Informing a parent or guardian of the accused
12.Notifying the magistrate and commanding officer
13.Changes to the charge sheet before trial
14.Change in date, time or place of trial
15.Objection before trial to member or assessor
16.Election of trial by court-martial
17.Election where more than one accused
18.Steps to be taken where accused elects
19.Withdrawal of election
PART III GENERAL MATTERS
20.Conduct of the defence
21.Representation of the accused
22.Appointment of court officials
23.Additional evidence before trial
24.Witnesses not called by the prosecutor
25.Witnesses for the accused
26.Witness summons
27.The magistrate
28.Functions of assessors
29.Swearing in of magistrates, members and assessors on appointment
30.Form of oath
31.Bankers’ Books Evidence Act 1879
PART IV PROCEDURE AT THE HEARING
32.Opening of proceedings
33.Accused not appearing
34.Explaining function of members and assessors
35.Arraignment of accused
36.Ascertainment of accused’s age
37.Opportunity to elect trial by court-martial
38.Objections in court
39.Applications before pleading
40.Severance
41.Plea to the charge
42.Guilty plea
43.Alternative charges
44.Changes to the charge sheet during trial
45.Changes to the charge sheet by the court
46.Procedure after guilty plea
47.Pleas of guilty and not guilty on one charge sheet
48.Dispute on facts after finding of guilty
49.Change of plea
50.Procedure after not guilty plea
51.Adjournment and sittings
52.View by the court
53.Conclusion of trial in interests of justice
54.Member or assessor not to sit after absence
55.Adjournment of case where court ceases to be properly constituted
56.Additional evidence during trial
57.Expert evidence
58.Exhibits
59.Presence of witnesses
60.Evidence through television link
61.Video recordings of testimony from child witnesses
62.Examination of witnesses
63.Submission of no case to answer
64.Finding of not guilty before conclusion of the defence
65.The case for the defence
66.Witnesses for the defence
67.Further evidence
68.Closing addresses
69.Deliberation on finding
70.Special finding
71.Record of finding
72.Offences taken into consideration
PART V SENTENCING
73.Pre-sentence report
74.Evidence before sentencing
75.Evidence on behalf of the accused
76.Opportunity for parent to be heard
77.Deliberation on sentence
78.Postponement of deliberation on sentence
79.Deferment of award of sentence
80.Form of sentence
81.Announcement of sentence and conclusion of trial
82.Unfitness to stand trial and insanity
83.Note of proceedings
PART VI REVIEW AND APPEAL
84.Review
85.Notice of appeal
86.Modification of the 1955 Act for appeals
PART VII MISCELLANEOUS
87.Re-trial following adjournment
88.Forwarding the proceedings
89.Custody of the proceedings
90.Loss of the proceedings
91.Application of certain enactments
92.Circumstances not provided for
93.Revocation and savings
Signature
SCHEDULE 1
CHARGES AND JOINDER
PART I RULES
1.(1) A charge sheet shall be in the form specified...
2.(1) Subject only to the provisions of paragraph 3 of...
3.Where the specific offence with which an accused person is...
4.Where an offence created by or under an enactment states...
5.It shall be sufficient in a charge sheet to describe...
6.Charges for any offences may be joined in the same...
7.Where the offence charged is one which can be committed...
PART II FORM
SCHEDULE 2
FORMS
SCHEDULE 3
OATHS AND AFFIRMATIONS
PART I MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
1.An oath may be administered by the person swearing the...
2.A Scottish oath may be administered by the person swearing...
3.An oath may be administered in such manner as the...
4.A witness under 17, or over 17 but where no...
5.A person making a solemn affirmation instead of taking an...
PART II FORM OF OATHFORM OF OATH ON APPOINTMENT
6.Magistrate and member of the court
7.Assessor
FORM OF OATH IN COURT
8.Interpreter
9.Witness
FORM OF PROMISE
10.I promise before Almighty God that the evidence which I...
PART III FORM OF SCOTTISH OATHS
11.The form of Scottish oath shall in each case be...
PART IV FORM OF SOLEMN AFFIRMATIONS
12.The form of affirmation shall in each case be the...
SCHEDULE 4
APPLICATION AND MODIFICATION OF ENACTMENTS
SCHEDULE 5
REVOCATIONS
Explanatory Note