Circuit Courts (Scotland) Act 1828

JurisdictionUK Non-devolved
Citation1828 c. 29
Anno Regni GEORGII IV. Britanniarum Regis, Nono. An Act to authorize additional Circuit Courts of Justiciary to be held, and to facilitate Criminal Trials, inScotland .

(9 Geo. 4) C A P. XXIX.

[19th June 1828]

'WHEREAS from the great Increase of Criminal Offences inScotland it is expedient that Provision should be made for holding additional Circuit Courts of Justiciary, and that Means should be taken for facilitating Criminal Trials, inScotland :' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act it shall and may be lawful for the High Court of Justiciary at Edinburgh , and the said Court is hereby authorized and required, on or before the Twentieth Day of November in every Year, to fix, by Act of Adjournal, a Day for holding a Circuit Court of Justiciary at Glasgow , for trying Criminal Causes during the Recess of the Court of Session, in the End of December and beginning of January yearly, and to name Two of the Judges of the said High Court to discharge the Duty of the said Circuit Court; and such Circuit Court shall be held at Glasgow accordingly, and shall be continued from Day to Day, until the whole Criminal Business to be brought before the Court at that Time is concluded, and to longer: Provided always, that the Judges so named, and each of them, shall possess, as they are hereby vested with, all Powerswhich belong to and can be exercised by any Lord Commissioner of Justiciary in any other Circuit Court.

S-II Other Judges may officiate.

II Other Judges may officiate.

II. And be it enacted, That it shall and may be lawful for any Judge or Judges of the Court of Justiciary to discharge the Duty of the Circuit Court hereby appointed, or of any other Circuit Court, notwithstanding such Judge or Judges may not have been specially named for that Duty.

S-III His Majesty may direct additional Circuit Courts to be held;

III His Majesty may direct additional Circuit Courts to be held;

III. And be it enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, by an Order to be made in His or Their Privy Council, from time to time, as Occasion may require, to direct that additional Circuit Courts shall be held in any Towns at which Circuit Courts are in use to be held, and at such Time or Times of the Year as to His Majesty may seem meet; and upon such Order being communicated to the High Court of Justiciary, the said Court shall, and they are hereby required and empowered, by Act of Adjournal, to give all necessary Directions for carrying such Order into Effect.

S-IV and may afterwards dispense with the same.

IV and may afterwards dispense with the same.

IV. Provided always, and be it enacted. That if, in consequence of the Diminution of Criminal Offences, such Circuit Courts, or any of them, shall be deemed unnecessary, it shall in like Manner be lawful for His Majesty, His Heirs and Successors, by an Order to be made in His or Their Privy Council, from time to time to dispense with the holding of the additional Circuit Court atGlasgow hereby directed to be held, and with any other Circuit Courts which His Majesty, His Heirs or Successors, by Order made in His or Their Privy Council, may have directed to be held in any Place in Scotland .

S-V So much of 8 Anne, c. 16. as relates to Transmission of Presentments of Crimes to the Lord Justice Clerk, repealed.

V So much of 8 Anne, c. 16. as relates to Transmission of Presentments of Crimes to the Lord Justice Clerk, repealed.

V. And be it enacted, That so much of an Act passed in the Eighth Year of the Reign of Her late Majesty QueenAnne , intituled An Act for discharging the Attendance of Noblemen, Barons, and Freeholders, upon the Lords of Justiciary in their Circuits in that Part of Great Britain called Scotland, and for abolishing the Method of exhibiting Criminal Informations by the Porteous Roll , as relates to Presentments of Crimes to be tried in the Circuit Courts, and the Transmissions of the same, with Writs and Evidence, to the Lord Justice Clerk or his Deputies, shall be and the same is hereby repealed; and it is hereby provided, that hereafter all Crimes may be tried before any Circuit Court of Justiciary by Indictment, in the same Manner as before the High Court of Justiciary atEdinburgh .

S-VI Instead of a short Copy of Citation being left with the Party, a Notice in the Form of Schedule A. shall be served.

VI Instead of a short Copy of Citation being left with the Party, a Notice in the Form of Schedule A. shall be served.

VI. And be it enacted, That from and after the Twenty-seventh Day ofJune One thousand eight hundred and twenty-eight, instead of a short Copy of Citation being left with a Person accused, every Copy of a Criminal Libel served on such Person shall have marked upon it a Notice to be subscribed by the Officer of the Law who serves the same, and by One Person who shall witness such Service, in the Form contained in the Schedule annexed to this Act, and therein designated by the Letter A., which Form of Notice shall be observed in the Service of all Criminal Libels in Scotland ; and it shall not be necessary for such Officer to subscribe any other Part of such Copy of a Libel.

S-VII Service of Notice or Citation of Criminal Matters.

VII Service of Notice or Citation of Criminal Matters.

VII. And be it enacted, That it shall be no Objection to such Service, or to the Citation of any Juror or Witness, that the Officer who discharged the Duty was not at the Time possessed of the Warrant of Citation; and it is hereby provided that the Execution of Citation of all Criminal Libels shall be in the Form contained in the Schedule annexed to this Act, and designated by the Letter B., which Execution it shall not be necessary to produce, unless Sentence of Fugitation or of Forfeiture of a Bond of Caution, granted for Appearance to stand Trial, shall be moved for, but without Prejudice to such Execution being exhibited to disprove Objections to Service when stated to the Court; and it shall be no Objection to the Admissibility of the Officer or Witness who served such Libel, to give Evidence respecting such Service, that their Names are not included in the List of Witnesses served on the Accused.

S-VIII Libels and Notices may be printed or in Writing.

VIII Libels and Notices may be printed or in Writing.

VIII. And be it enacted, That Copies of Criminal Libels served on Persons accused, and all Notices of Compearance or Attendance, whether left with Parties accused, or Jurors or Witnesses, and all Executions of Citation, may be either printed or in Writing, or partly both.

S-IX Provision in the Case of a Charge of Art and Part.

IX Provision in the Case of a Charge of Art and Part.

IX. And be it enacted, That when the Charge of Art and Part is set forth in the Outset of a Criminal Libel, it shall not be necessary to repeat that Charge in the latter Part thereof, according to the Form usually observed in the Clause commencing with the Words ‘at least,’ and that it shall be competent altogether to omit the said Clause; any Law or Practice to the contrary notwithstanding.

S-X Witnesses or Persons appearing without Citation not to be objected to.

X Witnesses or Persons appearing without Citation not to be objected to.

'X. And Whereas frivolous Objections and Exceptions are raised to the Form and Mode of citing Witnesses and Jurors, and of setting forth the Executions of such Citations;' Be it enacted, That it shall not be competent in any Criminal Cause or Prosecution whatsoever for any Prosecutor or Person accused to state any Objection to any Juror or to any Witness, on the Ground of such Juror or Witness appearing without Citation, or without having been duly cited to attend.

S-XI Objections on account of Error shall be stated to the Court before Jury sworn.

XI Objections on account of Error shall be stated to the Court before Jury sworn.

XI. And be it enacted, That if, owing to any Error in the Name or Designation of a Witness, as given in the List served along with the Criminal Libel, a Person accused can make it appear that he has been unable to find out such Witness, or that he has been misled or deceived in his Inquiries concerning such Witness, the same shall be stated to the Court before the Jury is sworn, and the Court shall thereupon give such Remedy as may be just, and no Objection of that Description shall be afterwards received.

S-XII If Person pleads Not guilty, the Libel need not be read over.

XII If Person pleads Not guilty, the Libel need not be read over.

XII. And be it enacted, That when a Person accused, on being brought to the Bar, shall say that he means to plead Not guilty...

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