SCHEDULE 3 Indictments and Complaints
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

SCHEDULE 3 Indictments and Complaints

Sections 64(6) and 138(4)

1

An accused may be named and designed—

(a)     according to the existing practice; or

(b)     by the name given by him and designed as of the place given by him as his residence when he is examined or further examined; or

(c)     by the name under which he is committed until liberated in due course of law.

2

It shall not be necessary to specify by any nomen juris the offence which is charged, but it shall be sufficient that the indictment or complaint sets forth facts relevant and sufficient to constitute an indictable offence or, as the case may be, an offence punishable on complaint.

3

It shall not be necessary to allege that any act or commission or omission charged was done or omitted to be done “wilfully†or “maliciouslyâ€, or “wickedly and feloniouslyâ€, or “falsely and fraudulently†or “knowinglyâ€, or “culpably and recklesslyâ€, or “negligentlyâ€, or in “breach of dutyâ€, or to use such words as “knowing the same to be forgedâ€, or “having good reason to knowâ€, or “well knowing the same to have been stolenâ€, or to use any similar words or

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