- a movement restriction condition
means, in relation to a witness released on bail under subsection (1)(b) above, a condition imposed under subsection (5) above restricting the witness’s movements, including such a condition requiring the witness to be, or not to be, in any place or description of place for, or during, any period or periods or at any time;
- a relevant offence
means any offence in respect of which an alleged offender could be tried summarily, but shall not include a fixed penalty offence within the meaning of section 51 of the Road Traffic Offenders Act 1988 nor any other offence in respect of which a conditional offer within the meaning of sections 75 to 77 of that Act may be sent;
- a remote monitoring requirement
means, in relation to a movement restriction condition, a requirement that compliance with the condition be remotely monitored.
- alcohol treatment requirement
has the meaning given in section 227V(1);
- amending order
means an order made by the Scottish Ministers under section 27(2)(b) of the 1993 Act;
- another crime or offence
means a crime or offence other than that giving rise to the consideration of bail under section 22A, 23, 65(8C) or 107A(7)(b) of this Act.
- appeal
includes any sort of application, whether at common law or under statute, for the review of any conviction, penalty or other order made in respect of the deceased in any criminal proceedings whatsoever.
- appellant
includes not only a person who has lodged a note of appeal but also one who has lodged an intimation of intention to appeal.
- appropriate Appeal Court
means— (a) in the case of an appeal under subsection (9) against a decision of the High Court, that Court;
- appropriate court
means—
- appropriate grounds
means reasonable grounds for suspecting that the misuse by the person of any relevant Class A drug caused or contributed to the offence on suspicion of which the person was arrested;
- appropriate officer
means— (a) a constable;
- appropriate person
means the person from whom the relevant physical data was taken or by whom it was provided or from whom the sample was taken, • “destruction date” has the meaning given by section 18B(5), •...
- appropriate time
means as regards— or (but only in relation to an application under paragraph (b) of that subsection) any time during the course of the trial if the circumstances on which the application is based had not arisen, or would not have merited such application, within the period mentioned in paragraph (a) or, as the case may be, (b) of this subsection.
- approved medical practitioner
has the meaning given by section 22 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13).
- article
includes animal.
- assessment order
has the meaning given by section 52D of this Act;
- authorised person
means a person authorised to give evidence— the document is or was kept.
- bail
means release of an accused or an appellant on conditions, or conditions imposed on bail, as the context requires;
- business
includes trade, profession or other occupation;
- care home service
has the meaning given by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;
- category 1 territory
means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.
- child
has the meaning given by section 199 of the Children’s Hearings (Scotland) Act 2011, • “child witness” shall be construed in accordance with section 271(1)(a) of this Act;
- child witness
means a vulnerable witness referred to in subsection (1)(a), • “deemed vulnerable witness” means a vulnerable witness referred to in subsection (1)(c), • “court” means the High Court or the sheriff court, • “hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court or the sheriff court. •...
- class A drug
has the same meaning as in the Misuse of Drugs Act 1971;
- class A drug trafficking offence
means a drug trafficking offence committed in respect of a class A drug;
- Clerk of the Sheriff Appeal Court
includes Deputy Clerk of the Sheriff Appeal Court and any person authorised to carry out the functions of Clerk of the Sheriff Appeal Court;
- commencement of the trial
means the time when the first witness for the prosecution is sworn.
- commissioner proceedings
means proceedings before a commissioner appointed under section 271I(1) or by virtue of section 272(1)(b) of this Act.
- commit for trial
means commit until liberation in due course of law;
- community care services
has the meaning given by section 12A(8) of the Social Work (Scotland) Act 1968 (c. 49);
- community payback order
means a community payback order (within the meaning of section 227A(2)) imposed under section 227A(1) or (4) or 227M(2);
- compatibility issue
means a question, arising in criminal proceedings, as to—
- compensation requirement
has the meaning given in section 227H(1);
- complainer
means a person against whom an offence to which the trial related was alleged to have been committed.
- complaint
includes a copy of the complaint laid before the court;
- compulsion order
means an order under section 57(2)(a) or 57A(2) of this Act;
- compulsory supervision order
has the meaning given by section 83 of the Children’s Hearings (Scotland) Act 2011 (asp 1), • “conduct requirement” has the meaning given in section 227W(1);
- conduct
includes speech;
- conduct requirement
has the meaning given in section 227W(1);
- constable
has the same meaning as in the Police and Fire Reform (Scotland) Act 2012;
- controlled drug
has the same meaning as in the Misuse of Drugs Act 1971;
- conviction
includes— (a) an acquittal by reason of the special defence set out in section 51A of this Act;
- copy
includes a transcript or reproduction.
- corresponding order
means— (a) in relation to an offender who is under the age of 18, a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code, (b) in relation to any other offender, a community order within the meaning given by section 200 of that Code;
- counsel
includes, in relation to the High Court of Justiciary, a solicitor who has a right of audience in that Court under section 25A of the Solicitors (Scotland) Act 1980 (c. 46).
- country
includes territory;
- court
means any of— (a) the High Court of Justiciary, (b) the Sheriff Appeal Court when exercising criminal jurisdiction, (c) the sheriff courts when exercising criminal jurisdiction, and (d) justice of the peace courts, • “enactment” includes— (a) an enactment contained in any local Act or any order, regulation or other instrument having effect by virtue of an Act, and (b) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, • “proceedings” includes any process before a court, or any office holder of a court (for example, a process by which a warrant may be obtained for the purpose of investigating a suspected offence), • “public official” means— (a) a person who is a public authority and is acting in that capacity, or (b) a person who is acting on behalf of a public authority, • “requirement” means a requirement arising from an enactment or rule of law.
- Court of Justiciary
shall mean “High Court of Justiciary” and shall include any court held by the Lords Commissioners of Justiciary, or any of them;
- court of summary criminal jurisdiction
includes the sheriff court and JP court;
- court of summary jurisdiction
means a court of summary criminal jurisdiction;
- court-room
includes chambers, • “live television link” means live television link between a place of detention and the court-room in which any specified hearing is or other proceedings are to be held or (as the case may be) any specified hearing is or other proceedings are being held.
- crime
means any crime or offence at common law or under any Act of Parliament whether passed before or after this Act, and includes an attempt to commit any crime or offence;
- criminal proceedings
means any proceedings in which a JP court is exercising jurisdiction including in particular ancillary proceedings, such as proceedings in respect of—
- current arrangements
means the arrangements in place at the time the review under this section is begun.
- custodial term
has the meaning given by section 210A(2)(a) of this Act;
- deemed vulnerable witness
means a vulnerable witness referred to in subsection (1)(c), • “court” means the High Court or the sheriff court, • “hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court or the sheriff court. •...
- defence statement
means a statement setting out—
- destruction date
means—
- detained person
means person who is— (a) an accused, a convicted person or an appellant in the case to which a specified hearing relates, and (b) imprisoned or otherwise lawfully detained (whether or not in connection with an offence) at any place in Scotland, • “place of detention” means place in which a detained person is imprisoned or detained, • “specified hearing” means hearing of a type specified in directions having effect for the time being under section 288K.
- devolution issue
has the same meaning as in Schedule 6 to the Scotland Act 1998;
- diet
includes any continuation of a diet;
- document
includes a copy of a document.
- domestic abuse offence
means— (a) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, or (b) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, • “residential establishment” and “secure accommodation” have the meanings given by section 202(1) of the Children’s Hearings (Scotland) Act 2011.
- drug trafficking offence
means an offence specified in paragraph 2 or (so far as it relates to that paragraph) paragraph 10 of Schedule 4 to the Proceeds of Crime Act 2002;
- drug treatment and testing order
has the meaning assigned to it in section 234B(2) of this Act;
- drug treatment requirement
has the meaning given in section 227U(1);
- enactment
includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;
- endorsed
means endorsed in the like manner as a process to which section 4 of the Summary Jurisdiction (Process) Act 1881 applies.
- examination of facts
means an examination of facts held under section 55 of this Act;
- excepted appeal
means an appeal against a decision of the Sheriff Appeal Court in—
- existing
means existing immediately before the commencement of this Act;
- extended sentence
has the meaning given by section 210A of this Act;
- extradition hearing
has the meaning given by section 68 or as the case may be section 140 of the Extradition Act 2003, • “extradition proceedings” means proceedings under the Extradition Act 2003.
- extradition proceedings
means proceedings under the Extradition Act 2003.
- FEO
means a fines enforcement officer;
- film
includes a microfilm;
- fine
includes any pecuniary penalty and an instalment of a fine but does not include— (a) a pecuniary forfeiture;
- fingerprint
includes any record of the skin of a person’s finger created by a device approved by the Secretary of State under section 18(7B) of this Act.
- fixed penalty notice
has the meaning given by section 129(2) of the 2004 Act, • “fixed penalty offence” has the meaning given by section 128(1) of the 2004 Act.
- fixed penalty offence
has the meaning given by section 128(1) of the 2004 Act.
- foreign power threat activity
has the meaning given by section 33 of the National Security Act 2023, and
- governor
means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, the director of the prison;
- grounds determination
has the meaning given by section 110(1) of the 2011 Act;
- guardianship order
has the meaning assigned to it by section 58 of this Act;
- harm
means physical or psychological harm, • “psychological harm” includes fear, alarm and distress.
- hearing
includes any diet or hearing in criminal proceedings which may be held in the presence of an accused, a convicted person or an appellant in the proceedings.
- hearing in relevant criminal proceedings
means any hearing in the course of any criminal proceedings in the High Court or the sheriff court. •...
- hospital
means— (a) any hospital vested in the Secretary of State under the National Health Service (Scotland) Act 1978;
- hospital direction
has the meaning assigned to it by section 59A(1) of this Act;
- hospital unit
means any part of a hospital which is treated as a separate unit.
- immigration offence
means— (a) an offence involving conduct which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement);
- immobilisation device
has the same meaning as in section 104(9) of the Road Traffic Regulation Act 1984 (c. 27);
- impose imprisonment
means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for contempt of court;
- imprisonment
includes detention.
- incompatible special measure
means a special measure which is capable of being used only if the child witness gives evidence at the hearing (whether or not its use would require the child witness to be present in the courtroom).
- independent evidence
means evidence which—
- indictment
includes any indictment whether in the sheriff court or the High Court framed in the form set out an Act of Adjournal or as nearly as may be in such form;
- interim compulsion order
has the meaning given by section 53 of this Act;
- interim compulsory supervision order
has the meaning given by section 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1), • “JP court” means a justice of the peace court;
- investigating agency
means— (a) a police force maintained for the area where the offence is alleged to have been committed, (b) any other person who has functions (to any extent) of investigating crime in the area where the offence is alleged to have been committed, • “sexual offence” has the same meaning as in section 210A, except that it does not include— (a) an offence under section 170 of the Customs and Excise Management Act 1979, or (b) an offence under section 52A of the Civic Government (Scotland) Act 1982.
- judge of the appropriate Appeal Court
means— (a) in a case where the High Court is the appropriate Appeal Court, judge of that Court, (b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, Appeal Sheriff, • “the clerk of the appropriate Appeal Court” means— (a) in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary, (b) in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.
- justice
includes the sheriff and any... justice of the peace;
- justice of the peace
means a justice of the peace appointed under section 67 of the Criminal Proceedings etc.
- legal aid
means legal aid for the purposes of any part of the proceedings before the court;
- legally represented
means represented by counsel or a solicitor at some stage after the accused is found guilty and before he is dealt with as referred to in subsection (1) above.
- life prisoner
has the meaning given by section 2(1) of the 1993 Act;
- live television link
means live television link between a place of detention and the court-room in which any specified hearing is or other proceedings are to be held or (as the case may be) any specified hearing is or other proceedings are being held.
- local authority
has the meaning assigned to it by section 1(2) of the Social Work (Scotland) Act 1968;
- local probation board
means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 • “Lord Commissioner of Justiciary” includes Lord Justice General and Lord Justice Clerk;
- Lord Commissioner of Justiciary
includes Lord Justice General and Lord Justice Clerk;
- made
includes (other than in section 261A) allegedly made.
- managers
has the meaning given by section 329(1) of the Mental Health (Treatment and Care) Scotland) Act 2003, • “responsible medical officer” has the meaning given by section 329(4) of that Act, • “specified hospital” means hospital to which the person is admitted by virtue of the order in question.
- medical treatment
has the same meaning as in section 52D of this Act;
- medicinal product
has the same meaning as in the Medicines Act 1968.
- mental disorder
has the meaning given by section 328(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13);
- mental health officer
means a person appointed (or deemed to be appointed) under section 32(1) of that Act;
- mental health treatment requirement
has the meaning given in section 227R(1);
- Mental Welfare Commission
means the Mental Welfare Commission for Scotland;
- Minister
means a Minister of the Crown as defined by section 8 of the Ministers of the Crown Act 1975;
- misconduct
includes conduct that causes alarm or distress.
- misuse
has the same meaning as in the Misuse of Drugs Act 1971 (c. 38);
- motor vehicle
means a mechanically propelled vehicle intended or adapted for use on roads (except that section 189 of the Road Traffic Act 1988 (c. 52) applies for the purposes of this section as it applies for the purposes of that Act).
- named person
has the meaning given by section 329(1) of that Act.
- nationality offence
means an offence involving conduct which is undertaken for the purposes of, or otherwise in relation to, an enactment in— (a) the British Nationality Act 1981;
- offence
means any act, attempt or omission punishable by law;
- offender
means the person who is liable to pay a relevant penalty;
- offender supervision requirement
has the meaning given in section 227G(1);
- officer of a prison
means, in relation to a contracted out prison within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994, a prisoner custody officer within the meaning of section 114(1) of that Act;
- officer of law
includes, in relation to the service and execution of any warrant, citation, petition, indictment, complaint, list of witnesses, order, notice, or other proceeding or document— (a) any macer, messenger-at-arms, sheriff officer or other person having authority to execute a warrant of the court;
- order
means any order, byelaw, rule or regulation having statutory authority;
- order for lifelong restriction
means an order under section 210F(1) of this Act;
- organisation
means— (a) a body corporate;
- other relevant order or requirement
means—
- other relevant requirement or order
means—
- parent
means either of the child’s parents, if that parent has parental responsibilities or parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to him.
- patient
means a person suffering or appearing to be suffering from mental disorder;
- person
includes a person who is deceased.
- place of detention
means place in which a detained person is imprisoned or detained, • “specified hearing” means hearing of a type specified in directions having effect for the time being under section 288K.
- postal operator
has the meaning assigned to it by section 27 of the Postal Services Act 2011. • “preliminary hearing” shall be construed in accordance with section 66(6)(b) of this Act and, where in any case a further preliminary hearing is held or to be held under this Act, includes the diet consisting of that further preliminary hearing;
- postpone
includes adjourn.
- prejudice to the interests of justice
means—
- prescribed
means prescribed by the Scottish Ministers by regulations, • “support services”, in relation to a person who is or appears to be the victim of crime, means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the person or a prescribed relative of the person.
- prescribed persons
means such persons, or class or classes of person, as may be prescribed by the Scottish Ministers by regulations made by statutory instrument.
- proceedings
includes any process before a court, or any office holder of a court (for example, a process by which a warrant may be obtained for the purpose of investigating a suspected offence), • “public official” means— (a) a person who is a public authority and is acting in that capacity, or (b) a person who is acting on behalf of a public authority, • “requirement” means a requirement arising from an enactment or rule of law.
- proceedings at the trial
means the whole proceedings including, without prejudice to that generality—
- procurator fiscal
means the procurator fiscal for a sheriff court district, and includes assistant procurator fiscal and procurator fiscal depute and any person duly authorised to execute the duties of the procurator fiscal;
- programme
means a course or other planned set of activities, taking place over a period of time, and provided to individuals or groups of individuals for the purpose of addressing offending behavioural needs.
- programme requirement
has the meaning given in section 227P(1);
- proper domicile of citation
means the address at which the accused may be cited to appear at any diet relating to the offence with which he is charged or an offence charged in the same proceedings as that offence or to which any other intimation or document may be sent;
- psychological harm
includes fear, alarm and distress.
- public authority
has the same meaning as in section 6(5) of the UNCRC Incorporation Act, • “the UNCRC requirements” has the meaning given in section 1(2) of that Act, • “UNCRC Incorporation Act” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.
- public body
means (a) the Police Service of Scotland;
- public official
means— (a) a person who is a public authority and is acting in that capacity, or (b) a person who is acting on behalf of a public authority, • “requirement” means a requirement arising from an enactment or rule of law.
- qualifying bail
means bail subject to a condition—
- record
includes, in addition to a document in writing—
- registered psychologist
means a person registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists;
- relevant area
means— (a) in relation to an offender who is under the age of 18, the area of the local authority... where the offender resides or will reside, (b) in relation to any other offender, the local justice area where the offender resides or will reside;
- relevant Class A drug
means any of the following substances, preparations and products— (a) cocaine or its salts;
- relevant date
means the date on which section 48 of the Crime and Punishment (Scotland) Act 1997 is commenced;
- relevant diet
means a diet of the court relating to the offence with which the person is charged—
- relevant disposal
has the same meaning as in section 52B of this Act.
- relevant hearing
means—
- Relevant information
means any document or other material which falls to be disclosed, or is sought to be relied on, by or on behalf of the party concerned in connection with the proceedings or proceedings preliminary to them.
- Relevant list, application or notice
means—
- relevant matter
means any personal injury, loss, damage or other matter in respect of which a compensation order could be made against the offender under section 249 of this Act, and • “ relevant person ” means a person in whose favour the compensation could be awarded by such a compensation order.
- relevant offence
means any relevant sexual offence or any relevant violent offence;
- relevant offer
means—
- relevant officer
has the same meaning as in Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
- relevant order
means—
- relevant penalty
means— (a) a fine;
- relevant period
means such period as may be specified in the supervised release order, being a period— (a) not exceeding twelve months after the date of the person’s release;
- relevant person
means a person who is a United Kingdom national or is habitually resident in Scotland;
- relevant physical data
means any—
- relevant provisions
means sections 52M(2)(a), 53(2)(a), 54(1)(c), 57A(2)(a), 58(1A)(a), 59A(2)(a) and 60C(2)(a) of this Act.
- relevant sentence
means any one or more of the following—
- relevant service
means— (a) in relation to an offender who is under the age of 18, a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams), (b) in relation to any other offender, a provider of a probation service within the meaning of Part 1 of the Offender Management Act 2007;
- relevant services
has the meaning given by section 20(2) of the Children (Scotland) Act 1995 (c. 36);
- relevant sexual offence
means any of the following offences— (a) rape at common law;
- relevant violent offence
means any of the following offences— (a) murder or culpable homicide;
- remand
means an order adjourning the proceedings or continuing the case and giving direction as to detention in custody or liberation during the period of adjournment or continuation and references to remanding a person or remanding in custody or on bail shall be construed accordingly;
- reporting year
means a year ending with 31 March.
- representative
means—
- request assistance
means request assistance in obtaining outside the United Kingdom any information specified in the request for use by the Commission for the purposes of carrying out their functions.
- required time
means—
- requirement
means a requirement arising from an enactment or rule of law.
- residence requirement
has the meaning given in section 227Q(1);
- responsible medical officer
means the person’s responsible medical officer appointed under section 230 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
- responsible officer
has the meaning given in article 17(3) of the 1996 Order;
- restricted movement requirement
has the meaning given in section 227ZF(1);
- restriction order
has the meaning assigned to it by section 59 of this Act;
- risk assessment order
means an order under section 210B(2) of this Act;
- risk assessment report
has the meaning given by section 210B(3)(a) of this Act;
- section 67 ground
has the meaning given by section 67(1) of the 2011 Act;
- secure accommodation
has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011.
- senior police officer
means a police officer of a rank no lower than inspector.
- sentence
includes any order of the High Court made on conviction with reference to the person convicted or his wife or children, and any recommendation of the High Court as to the making of a deportation order in the case of a person convicted and the power of the High Court to pass a sentence includes a power to make any such order of the court or recommendation, and a recommendation so made by the High Court shall have the same effect for the purposes of Articles 20 and 21 of the Aliens Order 1953 as the certificate and recommendation of the convicting court.
- sentence of imprisonment
includes— (a) an order for detention in a residential establishment under section 44 of this Act, and (b) a sentence of detention under section 205, 205ZA(7), 205ZC(4), 207 or 208 of this Act. • “serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act;
- serious terrorism offence
means an offence that— (a) is specified in Part 1 of Schedule 5ZA, or (b) is specified in Part 2 of that Schedule and has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008.
- serious terrorism sentence
means a sentence imposed under section 205ZA of the 1995 Act;