Section 5.
1 In section 3 of the Jurors (Scotland) Act 1825 (sheriff principal to maintain lists of potential jurors)—
(a) the existing provision shall become subsection (1);
(b) in that subsection, for the word “designations” there shall be substituted “addresses”; and
(c) after that subsection there shall be inserted the following subsections—
“(2) For the purpose of maintaining lists of potential jurors under subsection (1) above, a sheriff principal may require any person in the sheriff court district in question who appears to him to be qualified and liable to serve as a juror to provide such information, and in such form, as the Secretary of State may by order prescribe.
(3) A statutory instrument containing an order prescribed by virtue of subsection (2) above shall be subject to annulment pursuant to a resolution of either House of Parliament.
(4) Any person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(5) In proceedings against a person for an offence under subsection (4) above it is a defence to prove that he had reasonable excuse for the failure.”
2 In section 6 of the Bankers' Books Evidence Act 1879 (case in which banker not compellable to produce book), after the word “1988” there shall be inserted the words “or Schedule 8 to the Criminal Procedure (Scotland) Act 1995”.
3 (1) The Children and Young Persons (Scotland) Act 1937, shall be amended as follows.
(2) After section 62 there shall be inserted the following section—
In addition to any other register required by law, a separate register of children found guilty of offences and of children discharged on bond or put on probation shall be kept for every summary court by the chief constable or other person charged with the duty of keeping registers of convictions. The register shall apply to children of such age, and shall include such particulars, as may be directed by the Secretary of State, and it shall be the duty of the keeper of the register, within seven days after any such child has been dealt with by the court, to transmit a copy of the entry relating to the child to the education authority for the area in which the child resides.”
(3) Before section 104 there shall be added the following section—
Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it shall be a defence to prove that the person was actually of or over that age.”
4 In section 58B of the Trade Marks Act 1938 (delivery up of offending goods and material), in subsection (6) for the words “Chapter II of Part II of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “Part II of the Proceeds of Crime (Scotland) Act 1995.”
5 In section 8(1)(b) of the Backing of Warrants (Republic of Ireland) Act 1965 (rules of court), for the words “section 457ZA of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 306 of the Criminal Procedure (Scotland) Act 1995”.
6 (1) The Social Work (Scotland) Act 1968 shall be amended as follows.
(2) In subsection (1B) of section 5 (powers of Secretary of State), for paragraph (f) there shall be substituted the following paragraph—
“(f) section 51 of the Criminal Procedure (Scotland) Act 1995;”.
(3) In subsection (1) of section 6A (power to hold inquiries) for sub-paragraph (ii) of paragraph (d) there shall be substituted—
“(ii) section 44 or 208 of the Criminal Procedure (Scotland) Act 1995;”.
(4) In subsection (1) of section 27 (supervision and care of certain persons)—
(a) after paragraph (a) there shall be inserted the following paragraphs—
“(aa) making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence, as the hearing may require for the disposal of a case;
(ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;”;
(b) in paragraph (b)(iii) for the words “the Community Service by Offenders (Scotland) Act 1978” there shall be substituted the words “section 238 of the Criminal Procedure (Scotland) Act 1995”;
(c) in paragraph (b)(iv) for the words “section 62 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990” there shall be substituted the words “section 235 of the said Act of 1995”; and
(d) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraphs—
“(v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order made under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995; and
(vi) persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person; and
(vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; and”.
7 In section 13(2) of the Sea Fisheries Act 1968 (power to award compensation), for “£400” there shall be substituted the words “level 5 on the standard scale”.
8 In subsection (1) of section 11 of the European Communities Act 1972 (making a false statement before the European Court) for the words “section 1 of the False Oaths (Scotland) Act 1933” there shall be substituted the words “section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995”.
9 In subsection (3) of section 129 of the Fair Trading Act 1973 (time-limit for prosecutions)—
(a) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words “subsection (3) of the said section 331” there shall be substituted the words “subsection (3) of the said section 136”.
10 In section 2(3) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 for “£25” there shall be substituted the words “level 3 on the standard scale”.
11 In subsection (9) of section 1 of the Freshwater and Salmon Fisheries (Scotland) Act 1976 for the words “the operation of section 312(o) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “paragraph 10 of Schedule 3 to the Criminal Procedure (Scotland) Act 1995”.
12 (1) The Restrictive Trade Practices Act 1976 shall be amended as follows.
(2) In subsection (3) of section 39 (time limit for prosecution) the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (6) of section 41 (time limit for prosecution of offences relating to disclosure of documents)—
(a) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words “subsection (3) of the said section 331” there shall be substituted the words “subsection (3) of the said section 136”.
13 In subsection (2) of section 12 of the International Carriage of Perishable Foodstuffs Act 1976 for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
14 In subsection (3) of section 24 of the Marriage (Scotland) Act 1977 for the words “section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of summary proceedings)” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences)”.
15 In subsection (3) of section 2 of the Refuse Disposal (Amenity) Act 1978 for the words “section 462(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307(1) of the Criminal Procedure (Scotland) Act 1995”.
16 In subsection (1) of section 37 of the Adoption (Scotland) Act 1978, for the words “sections 14 and 323 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 47 of the Children and Young Persons (Scotland) Act 1975”.
17 In Schedule 1 to the Interpretation Act 1978—
(a) in paragraph (b) of the definition of “the standard scale” for the words “section 289G of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(1) of the Criminal Procedure (Scotland) Act 1995”; and
(b) in paragraph (b) of the definition of “statutory maximum” for the words “section 289B(6) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
18 (1) The Customs and Excise Management Act 1979 shall be amended as follows.
(2) In subsection (6) of section 118A (duty of revenue traders to keep records), in paragraph (d) for the words “Schedule 3 to the Prisoners and Criminal Evidence (Scotland) Act 1993” there shall be substituted the words “Schedule 8 to the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (3) of section 118C (search warrant) for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307 of the Criminal Procedure (Scotland) Act 1995”.
(4) In subsection (1) of section 118D (order for access to certain information) for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307 of the Criminal Procedure (Scotland) Act 1995”.
(5) In subsection (2) of section 171, in paragraph (b) for the words from “section 289B” to the end of the paragraph there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)”.
19 In subsection (3) of section 15 of the Customs and Excise Duties (General Reliefs) Act 1979, in paragraph (b) for the words from “section 289B” to the end of the paragraph there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)”.
20 In subsection (1) of section 4 of the Alcoholic Liquor Duties Act 1979, in the definition of “the prescribed sum”, in paragraph (b) for the words from “section 289B” to the end of the paragraph there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)”.
21 In subsection (1) of section 27 of the Hydrocarbon Oil Duties Act 1979, in the definition of “the prescribed sum”, in paragraph (b) for the words from “section 289B” to the end of the paragraph there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)”.
22 In subsection (1) of section 31 of the Credit Unions Act 1979, in the definition of “statutory maximum”, in paragraph (b) for the words from “section 289B” to the end of the paragraph there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995”.
23 In subsection (1) of section 33 of the Estate Agents Act 1979, in the definition of “the statutory maximum”, in paragraph (b) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995”.
24 (1) The Ancient Monuments and Archaeological Areas Act 1979 shall be amended as follows.
(2) In section 59, for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (1) of section 61, in the definition of “the statutory maximum” in sub-paragraph (i) of paragraph (b) for the words from “section 289B” to the end of the sub-paragraph there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section for that purpose)”.
25 In subsection (4) of section 5 of the Isle of Man Act 1979, for the words “section 462(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307(1) of the Criminal Procedure (Scotland) Act 1995”.
26 In subsection (2) of section 144 of the Reserve Forces Act 1980, in paragraph (b) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
27 In subsection (5) of section 3 of the Protection of Trading Interests Act 1980, in paragraph (b) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
28 In subsection (7) of section 19 of the Competition Act 1980, in paragraph (b) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
29 In subsection (2) of section 1 of the Licensed Premises (Exclusion of Certain Persons) Act 1980, in paragraph (c) for the words from “sections” to “1975” there shall be substituted the words “sections 228, 246(2) and (3) and 247 of the Criminal Procedure (Scotland) Act 1995”.
30 In subsection (4) of section 75 of the Water (Scotland) Act 1980, for the words “section 289B(6) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
31 In subsection (1) of section 25A of the Solicitors (Scotland) Act 1980 (rights of audience) for the words from “section 250” to “1975” there shall be substituted the words “section 103(8) of the Criminal Procedure (Scotland) Act 1995 (right of solicitor to appear before single judge)”.
32 (1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 shall be amended as follows.
(2) After subsection (5) of section 1 (persons excused from jury service for good reason) there shall be inserted the following subsection—
“(5A) Where the clerk of court has, under subsection (5) above, excused a person from jury service in any criminal proceedings he shall, unless he considers there to be exceptional circumstances which make it inappropriate to do so, within one year of the date of that excusal cite that person to attend for jury service in criminal proceedings.”
(3) In subsection (6) of that section, for paragraph (c) there shall be substituted the following—
“(c) section 85(8) or 88(7) of the Criminal Procedure (Scotland) Act 1995,”.
(4) In Schedule 1 (ineligibility for and disqualification and excusal from jury service)—
(a) in Part I (persons ineligible), in paragraph (p) of Group B for the words “section 462(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307(1) of the Criminal Procedure (Scotland) Act 1995”;
(b) in Part II (persons disqualified from jury service), at the end of paragraph (b) there shall be inserted—
“(c) in respect of jury service in any criminal proceedings, persons who are on bail in or in connection with criminal proceedings in any part of the United Kingdom.”; and
(c) in Part III (persons excusable as of right), at the end of Group D there shall be inserted—
In respect of jury service in any criminal proceedings, practising members of religious societies or orders the tenets or beliefs of which are incompatible with jury service.”
33 In subsection (10) of section 80 of the Criminal Justice (Scotland) Act 1980, for the words “section 289B of the 1975 Act” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
34 In subsection (14) of section 167 of the Local Government, Planning and Land Act 1980, in paragraph (b) of the definition of “the statutory maximum” for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
35 In subsection (2) of section 92 of the Animal Health Act 1981, for the words “section 284 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 7(6) of the Criminal Procedure (Scotland) Act 1995”.
36 (1) Section 15 of the Contempt of Court Act 1981 (penalties for contempt in Scottish proceedings) shall be amended as follows.
(2) In subsection (2)—
(a) in paragraph (a) for “£500” there shall be substituted the words “level 4 on the standard scale”; and
(b) in paragraph (b) for “£200” there shall be substituted the words “level 4 on the standard scale”.
(3) For subsections (3) and (4) there shall be substituted the following—
“(3) The following provisions of the Criminal Procedure (Scotland) Act 1995 shall apply in relation to persons found guilty of contempt of court in Scottish proceedings as they apply in relation to persons convicted of offences—
(a) in every case, section 207 (restrictions on detention of young offenders);
(b) in any case to which paragraph (b) of subsection (2) above does not apply, sections 58, 59 and 61 (persons suffering from mental disorder);
and in any case to which the said paragraph (b) does apply, subsection (5) below shall have effect.”
(4) In subsection (5)—
(a) for the words “section 286 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 7(9) and (10) of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words “section 376(1)” there shall be substituted the words “section 58(1)”.
37 In section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (procedure after arrest)—
(a) in subsection (2) for the words “section 10 of the Bail (Scotland) Act 1980” there shall be substituted the words “section 8 of the Criminal Procedure (Scotland) Act 1995”; and
(b) in subsection (3) for the words from the beginning to “1980” there shall be substituted the words “Subsections (1) to (3) of section 15 of the said Act of 1995”.
38 In subsection (1) of section 33 of the Betting and Gaming Duties Act 1981 in the definition of “the prescribed sum”, in paragraph (b) for the words from “section 289B” to the end of the paragraph there shall be substituted the words “subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (£5,000 or other sum substituted by order under subsection (4) of that section)”.
39 In subsection (1) of section 105 of the Civil Aviation Act 1982, in the definition of “the statutory maximum” for paragraph (b) there shall be substituted the following—
“(b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section);”.
40 In subsection (1) of section 28 of the Oil and Gas Enterprise Act 1982, in the definition of “the statutory maximum” for paragraph (b) there shall be substituted the following—
“(b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section);”.
41 In subsection (1) of section 37 of the Iron and Steel Act 1982, in the definition of “the statutory maximum” for paragraph (b) there shall be substituted the following—
“(b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section);”.
42 In subsection (4A) of section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of U.K. judgments in other parts of U.K.) for the words from “Part I of the Criminal Justice (Scotland) Act 1987” to the end there shall be substituted the words “the Proceeds of Crime (Scotland) Act 1995”.
43 In subsection (1) of section 38 of the Aviation Security Act 1982, in the definition of “the statutory maximum” for paragraph (b) there shall be substituted the following—
“(b) in Scotland, the prescribed sum within the meaning of subsection (8) of section 225 of the Criminal Procedure (Scotland) Act 1995 (that is to say £5,000 or another sum fixed by order under subsection (4) of that section);”.
44 (1) The Civic Government (Scotland) Act 1982 shall be amended as follows.
(2) In subsection (8) of section 51, in the definition of “prescribed sum” for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (3) of section 52, for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
45 (1) The Insurance Companies Act 1982 shall be amended as follows.
(2) In subsection (3) of section 14, in paragraph (b)(ii) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
(3) In subsection (2) of section 71, in paragraph (b)(ii) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
(4) In subsection (1) of section 81, in paragraph (b)(ii) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 225(8) of the Criminal Procedure (Scotland) Act 1995”.
(5) In subsection (4) of section 92, for the words “section 74 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 70 of the Criminal Procedure (Scotland) Act 1995”.
(6) In subsection (4) of section 94 for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
(7) In subsection (5) of that section for the words “section 331 of the said Act of 1975” there shall be substituted the words “section 136 of the said Act of 1995”.
46 In Schedule 1 to the Industrial Development Act 1982, in paragraph 4(2) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”.
47 In Schedule 1 to the Car Tax Act 1983, in paragraph 7(3) for the words “section 462 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 307 of the Criminal Procedure (Scotland) Act 1995”.
48 (1) The Telecommunications Act 1984 shall be amended as follows.
(2) In subsection (2) of section 81, for the words from “section 310” to “1975 Act” there shall be substituted the words “section 134 of the Criminal Procedure (Scotland) Act 1995 (in this section referred to as “the 1995 Act”)”.
(3) In subsection (8) of that section, for the words from “and section 452(4)(a)” to the end there shall be substituted the words “and section 182(5)(a) to (e) of the 1995 Act shall apply to appeals under this section as it applies to appeals such as are mentioned in section 176(1) of that Act”.
(4) In Schedule 3 (penalties and mode of trial under the Wireless Telegraphy Act 1949), in paragraph 3(b) for the words “Chapter II of Part II of the Criminal Justice (Scotland) Act 1995” there shall be substituted the words “Part II of the Proceeds of Crime (Scotland) Act 1995”.
49 In subsection (2) of section 110 of the Road Traffic Regulation Act 1984—
(a) for the words “section 331 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 136 of the Criminal Procedure (Scotland) Act 1995”; and
(b) for the words “section 331” where they second occur there shall be substituted the words “section 136”.
50 (1) The Mental Health (Scotland) Act 1984 shall be amended as follows.
(2) In section 60 (effect of hospital orders)—
(a) in subsection (1) for the words “section 175 or 376 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 58 of the Criminal Procedure (Scotland) Act 1995”; and
(b) in subsection (3) for the words “section 178(3) or 379(3) of the said Act of 1975” there shall be substituted the words “section 59(3) of the said Act of 1995”.
(3) In subsection (1) of section 61 (effect of guardianship orders) for the words “section 175 or 376 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 58 of the Criminal Procedure (Scotland) Act 1995”.
(4) In subsection (1) of section 62 (effect of restriction orders), for the words “section 178 or 397 of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 59 of the Criminal Procedure (Scotland) Act 1995”.
(5) In subsection (3) of section 69 (persons ordered to be kept in custody during Her Majesty’s pleasure), for the words from “an order” to the end there shall be substituted “a hospital order together with a restriction order”.
(6) In subsection (7) of section 71 (removal to hospital of persons serving sentences of imprisonment etc.), in paragraph (a) for the words from “section 174” to “1975” there shall be substituted the words “section 54, 57, 118 or 190 of the Criminal Procedure (Scotland) Act 1995”.
(7) In section 73 (provision as to persons removed to hospital while awaiting trial etc.)—
(a) in subsection (1), for the words from “section 174ZC” to “1975” there shall be substituted the words “section 53, 57, 58 or 59 of the Criminal Procedure (Scotland) Act 1995”; and
(b) in subsection (3)—
(i) in paragraph (a), for the words “section 175(7) or 376(10) of the said Act of 1975” there shall be substituted the words “section 58(8) of the said Act of 1995”; and
(ii) in paragraph (b) for the words “section 183, 184, 384 or 385 of the said Act of 1975” there shall be substituted the words “section 228 or 230 of the said Act of 1995”.
(8) In section 76 (interpretation of Part VI) for the words “section 178(3) or 379(3) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “section 59(3) of the Criminal Procedure (Scotland) Act 1995”.
(9) After section 121 there shall be inserted the following section—
(1) On an application being made to a justice alleging that any person is a convicted mental patient liable to be retaken under section 18, 38(7) or 138 of the Mental Health Act 1983, section 28, 44 or 121 of the this Act or section 30 or 108 of the Mental Health Act (Northern Ireland) 1961 (retaking of mental patients who are absent without leave or have escaped from custody), the justice may issue a warrant to arrest him and bring him before any sheriff.