Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 March 2016 - onwards
36A. Proceedings in the High Court of Justiciary and sheriff court
(1) Proceedings before the High Court of Justiciary (the "High Court") or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil proceedings.
(2) One consequence of this is that the standard of proof to be applied by the High Court or (as the case may be) the sheriff in such proceedings is the civil standard of proof.
(3) Two other consequences of this are that the High Court or (as the case may be) the sheriff -
(a) is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and
(b) may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.