Page:Criminal Law Act 1977.pdf/56

52c. 45

 :: extend to Scotland, Part I of Schedule 3 to the Criminal Justice Act 1967,
 * Firearms Act 1968,
 * Transport Act 1968,
 * section 59(5)(e) of and paragraph 48(a) of Schedule 8 to the Courts Act 1971,
 * Misuse of Drugs Act 1971,
 * Road Traffic Act 1972,
 * section 58(a) of the Powers of Criminal Courts Act 1973,
 * Road Traffic Act 1974,
 * District Courts (Scotland) Act 1975,
 * Criminal Procedure (Scotland) Act 1975,
 * Protection of Birds (Amendment) Act 1976;
 * Schedule 9, paragraph 3(3).

  

64.—(1) In this Act and, unless the context otherwise requires, in any other enactment (including an enactment passed after this Act)—
 * (a) “indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;
 * (b) “summary offence” means an offence which, if committed by an adult, is triable only summarily;
 * (c) “offence triable either way” means an offence which, if committed by an adult, is triable either on indictment or summarily;

and the terms “indictable”, “summary” and “triable either way”, in their application to offences, shall be construed accordingly.

(2) In the definitions in subsection (1) above references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 23 above on the mode of trial.

65.—(1) This Act may be cited as the Criminal Law Act 1977.

(2) The provisions of sections 14 to 32 and 48 above, so far as they relate to proceedings before magistrates' courts, shall be construed as one with the Magistrates’ Courts Act 1952, except