Criminal Law (Scotland) Act 1830
| Jurisdiction | UK Non-devolved |
| Citation | 1830 c. 37 |
| Year | 1830 |
(11 Geo. 4 & 1 Will. 4) C A P. XXXVII.
[16th July 1830]
'WHEREAS an Act was passed in the Eleventh Year of the Reign of KingGeorge the First, intituled Great Britaincalled Scotland, and for the better securing the Peace and Quiet of that Part of the Kingdom , by which it is enacted, that no Sentence importing a Capital Punishment, pronounced in Edinburgh or in any Place to the Southward of the Frith or River of Forth, shall be put to Execution within less than Thirty Days of the Date of such Sentence; and if pronounced in any Place to the Northward of the said Firth or River, shall be put to Execution within less than Forty Days from the Date of such Sentence: And whereas it is expedient that the said Periods should be abridged: And whereas an Act was passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled Scotland; which Act requires to be amended in certain Points: And whereas it is expedient to afford some additional Facilitiesin such Trials:' May it therefore please Your Majesty that it may be enacted, and be it 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 so much of the said recited Act passed in the Eleventh Year of the Reign of His Majesty KingGeorge the First as prohibits the Sentences of the Courts of Judicature importing a Capital Punishment from being put to Execution within the Periods therein specified be repealed.
II When Sentence of Capital Punishment is passed, a Day to be named for carrying it into execution.
II. And be it further enacted, That from and after the First Day ofAugust next after the passing of this Act every Sentence of any Criminal Court imposing a Capital Punishment, if pronounced in Edinburgh or in any other Part of Scotland to the Southward of the Firth or River of Forth , shall specify a Day for having the same put to Execution, not being less than Fifteen Days or more than Twenty-one Days after the Date of such Sentence; and if pronounced in any Place to the Northward of the said Firth or River of Forth , the Day to be so specified shall not be less than Twenty Days or more than Twenty-seven Days after the Date of such Sentence.
III Spring Circuit in certain Events not to be held sooner than 20th April.
III. And be it enacted, That so long and as often as an additional Circuit Court shall be held at any Town inScotland during the Recess of the Court of Session in the End of December and Beginning of January , in Terms of the before-recited Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, the immediately succeeding Circuit Court shall not be held at any such Town sooner than the Twentieth Day of April .
IV Regulation as to Criminal Trials before Sheriffs.
IV. And be it enacted, That on the Prosecution of Criminal Offences before Sheriffs of Counties according to the summary Form provided by the said last-recited Act, the Person accused, when first brought before the Sheriff, shall be entitled to require a Copy of the Libel against him, and to require that his Trial shall be adjourned for a Space not less than Forty-eight Hours after such Copy of the Libel shall be served upon him; and such Requisitions shall thereupon be complied with, provided that the same shall be made before the Examination of any Witness upon the Trial shall have been commenced; and no such Requisition shall be competent where a Copy of the Libel shall have been served upon the Person accused at least Forty-eight Hours before such Trial.
V Further Regulations as to the same.
V. And be it enacted, That no Adjournment of any such Trial shall take place when the Person accused pleads Not guilty, or at any other Stage of the Trial, except when required by the Person accused, as herein-before provided, unless the Sheriff shall see cause to authorize such an Adjournment; and it is provided, that when the Declaration of the Person accused or other Evidence different from Parole Testimony shall be adduced on such Trial, the Production thereof in Evidence shall be marked in the Record of the Trial.
VI Transmission of Prisoners.
VI. And be it enacted, That it shall be lawful for any Officer of the Law, when lawfully conveying any Prisoner to any Gaol or before any Magistrate, to convey...
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