Criminal Procedure (Amendment) (Scotland) Bill


Outcome: E

A Bill to make provision, in connection with proceedings in the High Court of Justiciary, for the holding of preliminary hearings prior to the trial diet and to require any solicitor engaged by the accused to notify the Court and the prosecutor of his engagement, withdrawal and dismissal; to make new provision as to the alteration and continuation of the trial diet in proceedings in the High Court; to make new provision as to the procedure where the trial diet in proceedings in the High Court does not proceed; to amend the time limit for commencement of the trial in proceedings in the High Court; in connection with solemn criminal proceedings generally, to amend the consequences of failure to comply with time limits, to remove the requirement for a warrant to be issued for citation of the accused, witnesses and jurors, to enable the trial to be conducted in the absence of the accused in certain circumstances, to provide for the apprehension, detention and release on bail of reluctant witnesses and to restate with modifications certain provisions in relation to the raising of preliminary pleas and issues; to enable persons to be released on bail subject to a requirement that their compliance with conditions of bail restricting their movements be remotely monitored; to make provision entitling the prosecutor to be heard on certain applications relating to bail; to make further provision as to the matters to be dealt with by the sheriff court at a first diet in solemn proceedings; to make new provision as to the procedure to be followed by the court in sentencing offenders who have pled guilty; to increase from three to five years the maximum extended sentence that may be imposed by a sheriff on persons convicted on indictment of certain violent and sexual offences; to make new provision as to the citation of witnesses for precognition by the prosecutor; and for connected purposes (SP Bill 10)

Current Status of the Bill

Received Royal Assent 4 June 2004

Introduction of the Bill

Bill as introduced:

Accompanying documents:

Preliminary discussion:

Justice 1 Committee Official Report from:

Introduced on 7 October 2003

Stage 1

Stage 1 (to be completed by 27 February 2004):


Finance Committee:

Justice 1 Committee:

Justice 1 Committee Stage 1 Report  (published on 19 February 2004):

Subordinate Legislation Committee:

Chamber Proceedings at Stage 1:

Stage 2

Stage 2 (to be completed by 31 March 2004):


Justice 1 Committee Official Report from:

Pre-Stage 3:

Subordinate Legislation Committee:

Stage 3

Chamber Proceedings at Stage 3:

Bill as passed on 28 April 2004:

Received Royal Assent 4 June 2004:

Passage of the Bill:


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