« ElőzőTovább »
constable or other officer, by whatever name called, having the chief local command of the police in the police district in reference to which such expression occurs:
The expression "street" includes any highway or other public place, whether a thoroughfare or not: The expression "place of safety" includes any place certified by the local authority under this Act for the purposes of this Act, and also includes any workhouse or police station, or any hospital surgery, or place of the like kind: The expression "Industrial Schools Acts" means as regards England and Scotland the Industrial Schools Act, 1866,1 and the Acts amending the same.
1 29 & 30 Vict. c. 118.
26. (Contains special provisions as to the application of the Act to Scotland.)
(Contains special provisions as to the application of the Act to Ireland.)
Any offence under sections twenty-seven,' fifty-five,2 or fifty-six of the Offences against the Person Act, 1861, and any offence against a child under the age of sixteen years under sections forty-three or fifty-two of that Act. Any offence under the Children's Dangerous Performances Act, 1879.5
Any other offence involving bodily injury to a child under the age of sixteen years.
1 24 & 25 Vict. c. 100, s. 27: see Arch. 792; Rosc. 377.
2 Ibid. s. 55: cf. Table of Offences, ante, p. 58; and see Arch. 803; Rosc. 250.
3 Ibid. s. 56: see Arch. 807; Rosc. 251.
4 Ibid. s. 52: see Arch. 823; Rosc. 283-4.
5 42 & 43 Vict. c. 34: see ss. 3 and 4; Arch. 793-4.
16 VICT. c. 20.
Passed 9th May, 1853.
Came into operation on passing.
3. As to examination of witnesses, whether named in the record or not.]-It shall be competent to adduce and examine as a witness in any action or proceeding in Scotland any party to such action or proceeding, or the husband or wife of any party, whether he or she shall be individually named in the record or proceeding or not; but nothing herein contained shall render any person, or the husband or wife of any person, who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, his wife or her husband, excepting in so far as the same may be at present competent by the law and practice of Scotland, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall in any proceeding render any husband competent or compellable to give against his wife evidence of any matter communicated by her to him during the marriage, or any wife competent or compellable to give against her husband evidence of any matter communicated by him to her during the marriage.
4. [Enactment that the Act should not apply to cases of adultery, divorce, breach of promise, &c., repealed by sect. 1 of the Act of 1874 (37 & 38 Vict. c. 64).]
5. Adducing of party as a witness not to have effect of reference to his oath.]-The adducing of any party as a witness in any cause or proceeding by the adverse party
shall not have the effect of a reference to the oath of the party so adduced: Provided always, that it shall not be competent to any party who has called and examined the opposite party as a witness thereafter to refer the cause or any part of it to his oath, and that in all other respects the right of reference to oath shall remain as at present established by the law and practice of Scotland.
1 As to when a reference to oath may be had, see Longworth v. Yelverton (1867), L. R. 1 H. L. Sc. 218; 4 Macq. 746; 10 Jur. N. S. 1209; 11 L. T. 118.
THE EVIDENCE FURTHER AMENDMENT (SCOTLAND) ACT, 1874.
37 & 38 VICT. c. 64.
Passed 7th August, 1874.
Came into operation on passing.
2. Parties and their husbands and wives to be witnesses in proceedings on account of adultery.]—The parties to any proceeding instituted in consequence of adultery, and the husbands and wives of such parties, shall be competent to give evidence in such proceeding; provided that no witness in any proceeding, whether a party to the suit or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery.
3. Law as to proof of promise of marriage in declarator of marriage founded thereon, cum copula subsequente, not to be altered.]-Nothing in this Act contained shall be construed to alter or affect the law of Scotland in force at and prior to the passing of this Act relating to the proof of a promise of marriage in any action of declarator of marriage founded upon promise of marriage, cum copula subsequente.
CRIMINAL PROCEDURE (SCOTLAND) ACT, 1887.
50 & 51 VICT. c. 35.
Passed 16th September, 1887.
Came into operation 15th October, 1887: s. 77.
24. Service.]-Service of indictment, list of witnesses and list of productions appended thereto, and all notices or intimations to persons accused, and all citations of witnesses, whether for precognition or trial, may be made or given by any macer, messenger at arms, sheriff officer, or officer of police at any place, and where any person accused is in prison at the time of service on him, such service shall be made by any governor, deputy governor, or warder of the prison in which such person is confined.
27. Record copy indictment and list of witnesses.]—The record copy of the indictment and any extract convictions that are to be produced shall on or before the date of service of the indictment be lodged with the sheriff clerk of the district in which the Court of the first diet is situated, and a copy of the list of witnesses and a copy of the list of productions shall be lodged with the sheriff clerk of the district in which the Court of the second diet is situated, and where a person accused is indicted for fugitation, the lists shall be lodged in the Justiciary Office.
35. Description of witnesses.]—The list of witnesses shall consist of the names of the witnesses, with their addresses added, and it shall not be necessary to insert the words "now or lately residing at," or any similar words, and it shall not be an objection to the admissibility of any witness that he has ceased to reside at the address given before the date of the trial, provided that he resided at such address at some time, not being more than six months previous to the date of the trial, and it shall not be necessary to insert in the list of witnesses the names of any witnesses to the declaration of an accused person or the names of any
witnesses to prove that an extract conviction applies to an accused person, but witnesses may be examined in regard to these matters without previous notice.
36. Written notice of special defence.]-It shall not be competent for the person accused to state any special defence unless a plea of special defence shall be tendered and recorded at the first diet, or unless cause be shown to the satisfaction of the Court for a special defence not having been lodged till a later day, which must in any case not be less than two clear days before the second diet, and it shall not be competent for the person accused to examine any witnesses or to put in evidence any productions not included in the lists lodged by the prosecutor, unless written notice of the names and designations of such witnesses and of such productions shall have been given to the Procurator Fiscal of the district of the second diet when the case is to be tried in the Sheriff Court, or to the Crown Agent where the case is to be tried in the High Court of Justiciary, at least three clear days before the day on which the jury is sworn to try the case against him, or unless the accused person shall show before a jury is sworn to try the case against him that he was unable to give the full notice of three days in regard to any witnesses he may desire to examine or productions he may desire to make, and where this is shown the Court shall give such remedy to the prosecutor by adjournment or postponement of the trial or otherwise as shall seem just, and a copy of every written notice hereby required shall be lodged by the person accused with the sheriff clerk of the district in which the second diet is to be held, or in any case the second diet of which is to be held in the High Court of Justiciary in Edinburgh with the clerk of Justiciary, at or before the second diet, for the use of the Court.1
1 In a case where a list of witnesses is required, the husband or wife of a person charged with an offence shall not be called as a witness for the defence unless notice be given in the terms prescribed by this section: s. 5 of the Criminal Evidence Act, 1898, ante, p. 49.