Criminal Law Additions and Alterations
| DOI | 10.1177/002201836402800308 |
| Published date | 01 July 1964 |
| Date | 01 July 1964 |
| Subject Matter | Article |
Criminal
Law
Additions and
Alterations
THE
CRIMINAL
JUSTICE
(SCOTLAND)
ACT,
1963
THE following provisions of the Criminal Justice (Scotland)
Act, 1963, came into force on
znd
March, 1964.
Increased penalties. Section 23 raises the maximum fine
which may be imposed in a police or J.P.
Court
from £
10
to
£50, and the maximum fine which can be imposed in
the
Sheriff Summary
Court
for a common law offence from £25
to £I50. Similar alterations are made in regard to the maxi-
mum
amount of caution which can be ordered to be found in
the respective Courts. Formerly, where astatute did
not
specifically provide for punishment by fine the maximum fine
which could be imposed on summary conviction was £25,
and this is now raised to
£100.
The
reason for the difference
between the common law and the statutory maximum is
that
where statutes do expressly provide for a fine on summary
conviction the fine rarely if ever exceeds £
100.
Section 24 increases the maximum fine on conviction for
contempt of
Court
under
section 33 of the Summary Juris-
diction (Scotland) Act 1954 from £3 to £25.
Citation. Section 43 of the 1963 Act provides for
the
repeal of section 18 of the Summary Jurisdiction (Scotland)
Act, 1954 which deals with the citation of accused and witnesses
in summary proceedings, and for the making of rules in
that
regard by Act of Adjournal. An Act of Adjournal has now
been made which repeats the provisions of section 18
but
goes on to provide in addition for the citation of accused
persons,
but
not of witnesses, by registered post or recorded
delivery.
It
is provided, however,
that
the failure of an
accused to appear in answer to postal citation shall
not
entitle
a
Court
to grant awarrant for his apprehension or deal with
the case in his absence unless it is proved that he received
the
citation or knew of its contents. Such knowledge can be
198
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