Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

JurisdictionUK Non-devolved
Citation1995 c. 40


Criminal Procedure(ConsequentialProvisions) (Scotland) Act 1995

1995 CHAPTER 40

An Act to make provision for repeals, consequential amendments, transitional and transitory matters and savings in connection with the consolidation of enactments in the Criminal Procedure (Scotland) Act 1995, the Proceeds of Crime (Scotland) Act 1995 and the Criminal Law (Consolidation) (Scotland) Act 1995.

[8th November 1995]

Be it enacted by the Queen'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, as follows:—

S-1 Interpretation.

1 Interpretation.

1. In this Act—

‘the consolidating Acts’ means the Principal Act, the Proceeds of Crime (Scotland) Act 1995, the Criminal Law (Consolidation) (Scotland) Act 1995and, so far as it reproduces the effect of the repealed enactments, this Act;

‘‘the Principal Act’ means the Criminal Procedure (Scotland) Act 1995’; and

‘the repealed enactments’ means the enactments repealed by this Act.

S-2 Continuity of the law.

2 Continuity of the law.

(1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.

(3) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

S-3 Rationalisation of penalties.

3 Rationalisation of penalties.

(1) Schedule 1 to this Act shall have effect for the purpose of setting or altering or enabling the Secretary of State to set or alter the penalties or maximum penalties in respect of certain offences or classes or descriptions of offences.

(2) Schedule 2 to this Act shall have effect for the purpose of amending the enactments there specified for the purposes of and in accordance with the provisions of the said Schedule 1.

S-4 Transitional, transitory and savings.

4 Transitional, transitory and savings.

4. The transitional provisions, transitory modifications and savings contained in Schedule 3 to this Act shall have effect.

S-5 Minor and consequential amendments.

5 Minor and consequential amendments.

5. The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments there specified being amendments consequential on this Act.

S-6 Repeals.

6 Repeals.

(1) The enactment, mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(2) Without prejudice to section 16(1)(a) of the Interpretation Act 1978 , the repeal by this Act of the provisions of the Criminal Procedure (Scotland) Act 1975 specified in Schedule 6 to this Act shall not revive any rule of law or practice having effect before the coming into force of the Criminal Procedure (Scotland) Act 1887 .

S-7 Short title, interpretation, commencement and extent.

7 Short title, interpretation, commencement and extent.

(1) This Act may be cited as the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 .

(2) This Act shall come into force on 1 April 1996.

(3) Subject to subsections (4) and (5) below, this Act extends to Scotland only.

(4) Paragraph 5 of Schedule 3 to this Act and this section also extend to England and Wales and Northern Ireland.

(5) Any amendment contained in Schedule 4 to this Act of any enactment which extends to England and Wales or Northern Ireland shall also so extend.

S C H E D U L E S

SCHEDULE 1

Setting and alteration of certain penalties

Amendments relating to penalties and mode of trial for offences made triable only summarily

Amendments relating to penalties and mode of trial for offences made triable only summarily

SCH-1.1

1.

(1) The enactments specified in column 2 of Part I of Schedule 2 to this Act (which relate to the modes of trial of, and the maximum penalties for, the offences which are by section 292 of the Principal Act made triable only summarily) shall continue to have effect subject to the amendments specified in column 3 of that Part.

(2) The said amendments have the effect of altering the maximum penalties available on summary conviction of those offences as well as making alterations consequential on their becoming triable only summarily; and in that Part, column 4 shows the maximum penalties resulting from the amendments.

Penalties on summary conviction for offences triable either summarily or on indictment

Penalties on summary conviction for offences triable either summarily or on indictment

SCH-1.2

2.

(1) Where an offence created by a relevant enactment may be tried either on indictment or summarily, the penalty or maximum penalty on summary conviction shall, to the extent that it included, immediately before the commencement of section 55 of the Criminal Justice Act 1982 , a penalty or maximum penalty mentioned in column 1 of the Table below, be amended so as to substitute as a maximum penalty the corresponding penalty set forth in column 2 thereof (unless provision is expressly made by any enactment for a larger penalty or maximum penalty on summary conviction)—

Column 1 Column 2

Penalty or maximum penalty at commencement of section 55 of Criminal Justice Act 1982

New maximum penalty

1. Fine (other than a fine specified in paragraph 3 below, or a fine in respect of each period of a specified length during which a continuing offence is committed).

1. Fine not exceeding the prescribed sum.

2. Imprisonment for a period exceeding 3 months.

2. Imprisonment for a period not exceeding 3 months.

3. Fine in respect of a specified quantity or number of things.

3. Fine not exceeding the prescribed sum in respect of each such quantity or number.

4. Fine exceeding 100 in respect of each period of a specified length during which a continuing offence is committed.

4. Fine not exceeding 100 in respect of each such period.

(2) Where by virtue of a relevant enactment, a person summarily convicted of any offence to which sub-paragraph (1) above relates would, apart from this paragraph, be liable to a fine or a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, sub-paragraph (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

(3) Sub-paragraph (1) above is without prejudice to section 5 of the Principal Act (6 months' imprisonment competent for certain offences).

(4) In this paragraph ‘relevant enactment’ means an enactment contained in the Criminal Law Act 1977 or in any other Act (including this Act).

(5) Sub-paragraph (1) of paragraph 7 below shall not affect so much of any enactment as (in whatever words) provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.

(6) Where an enactment to which sub-paragraph (1) of the said paragraph 7 below applies provides for a person to be made liable to a penalty or a maximum penalty on summary conviction of an offence triable either on indictment or summarily which includes a fine or a maximum fine in respect of a specified quantity or a specified number of things, that sub-paragraph shall apply to that fine or maximum fine.

(7) Sub-paragraph (1) above shall not apply on summary conviction of any of the offences mentioned in sub-paragraph (2) of paragraph 11 below.

Increase of fines for certain summary offences

Increase of fines for certain summary offences

SCH-1.3

3.

(1) The enactments specified in column 2 of Part II of Schedule 2 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule (being the amount of the maximum fine in respect of the offence immediately before the passing of the Criminal Law Act 1977 ), but this sub-paragraph shall not alter the maximum daily fine, if any, provided for by any of those enactments.

(2) In section 203 of the Local Government (Scotland) Act 1973 (offences against byelaws), except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, for any reference to 20 there shall be substituted a reference to 50.

(3) Subject to sub-paragraph (4) below, this sub-paragraph applies to any pre-1949 enactment however framed or worded which—

(a) as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than 50 which has not been altered since the end of 1948 (and is not altered by this Act); or

(b) confers power by subordinate instrument to make a...

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