166 Previous convictions: summary proceedings
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

166  Previous convictions: summary proceedings

(1)     This section shall apply where the accused in a summary prosecution has been previously convicted of any offence and the prosecutor has decided to lay a previous conviction before the court.

(2)     A notice in the form prescribed by Act of Adjournal or as nearly as may be in such form specifying the previous conviction shall be served on the accused with the complaint where he is cited to a diet, and where he is in custody the complaint and such a notice shall be served on him before he is asked to plead.

(3)     The previous conviction shall not[, subject to section 275A(1) of this Act,] be laid before the judge until he is satisfied that the charge is proved.

(4)     If a plea of guilty is tendered or if, after a plea of not guilty, the accused is convicted the prosecutor shall lay the notice referred to in subsection (2) above before the judge, and—

(a)     in a case where

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