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Criminal Justice (Scotland) Act 2003

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Criminal Justice (Scotland) Act 2003. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Part 1 – Protection of the Public at Large

      1. Risk assessment and order for lifelong restriction; Disposal in case of insanity

        1. Sections 1 and 2 and schedule 1 – Risk assessment and order for lifelong restriction; Disposal of case where accused found to be insane

        2. Section 2 – Disposal of case where accused found to be insane

      2. The Risk Management Authority

        1. Sections 3 to 13 and schedule 2 – The Risk Management Authority

        2. Section 3 – The Risk Management Authority

        3. Section 4 – Policy and research

        4. Section 5 – Guidelines and standards

        5. Sections 6 to 9 – Risk management plans: preparation, further provision, implementation and review

        6. Section 10 – Grants to local authorities in connection with risk management plans

        7. Section 11 - Accreditation, education and training

        8. Section 12 – Functions: supplementary

        9. Section 13 – Accounts and annual reports

    2. Part 2 – Victims’ Rights

      1. Section 14 – Victim statements

      2. Section 15:  Prohibition of personal conduct of defence in proofs ordered in relation to victim statements in cases of certain sexual offences

      3. Section 16: Victim’s right to receive information concerning release etc. of offender

      4. Section 17: Release on licence: right of victim to receive information and make representations

      5. Section 18: Disclosure of certain information relating to victims of crime

    3. Part 3 – Sexual Offences Etc.

      1. Section 19 – Amendments in relation to certain serious and sexual offences

      2. Section 20 – Extended sentences

      3. Section 21 – Sexual and certain other offences: reports

      4. Section 22 – Traffic in prostitution

    4. Part 4 – Prisoners

      1. Custody and temporary detention

        1. Section 23 – Remand and committal of children and young persons

        2. Section 24 - Legal custody

        3. Section 25 – Temporary detention of person being returned to prison in England and Wales etc.

      2. Consecutive sentences

        1. Section 26 – Consecutive sentences: life prisoners etc.

      3. Release of prisoners

        1. Section 27 – Release on licence etc. under 1989 Act

        2. Section 28 – Release on licence etc. under 1993 Act

        3. Section 29 – Release on licence: life prisoners

        4. Section 30 - Release on licence: certain consecutive sentences

        5. Section 31 - Release: Prisoners serving extended sentences

        6. Section 32 – Release etc. under 1993 Act of prisoner serving consecutive or concurrent offence and non-offence terms

        7. Section 33 – Prisoners repatriated to Scotland

        8. Section 34 – Suspension of conditions and revocation of licences under 1989 Act

        9. Section 35 – Suspension of licence conditions under 1993 Act

        10. Section 36 – Revocation of licences under 1993 Act

        11. Section 37 – Extended sentences: recall to prison and revocation of licences

        12. Section 38 – Special provision in relation to children

        13. Section 39 - Convention rights of certain life prisoners

      4. Monitoring on release

        1. Section 40 – Remote monitoring of released prisoners

      5. Parole Board to have regard to risk management plans

        1. Section 41 – Parole Board to have regard to risk management plans

    5. Part 5 – Drugs Courts

      1. Section 42 – Drugs courts

    6. Part 6 – Non-Custodial Punishments

      1. Section 43 – Restriction of liberty orders

      2. Section 44 – Interim anti-social behaviour orders

      3. Section 45 - Application by registered social landlord for anti-social behaviour order

      4. Sections 46 and 47 – Requirement for remote monitoring in probation order and requirement for remote monitoring in drug treatment and testing order

      5. Section 48 – Breach of certain orders: adjourning hearing and remanding in custody etc

      6. Section 49 – Power of arrest where breach of non-harassment order

      7. Section 50 – Amendments in relation to certain non-custodial sentences

    7. Part 7 – Children

      1. Section 51 – Physical punishment of children

      2. Section 52 – Prohibition of publication of proceedings at children’s hearings etc

      3. Section 53 – Provision by Principal Reporter of information to victims

    8. Part 8 – Evidential, Jurisdictional and Procedural Matters

      1. Section 54 – Certificates relating to physical data: sufficiency of evidence

      2. Section 55 – Taking samples by swabbing

      3. Section 56 – Retaining samples or relevant physical data where given voluntarily

      4. Section 57 - Convictions in other Member States of the European Union

      5. Section 58 – Transfer of sheriff court proceedings

      6. Section 59 – Competence of the justice’s acting outwith jurisdiction

      7. Section 60 – Unified citation provisions

      8. Section 61 – Citation other than by service of indictment or complaint

      9. Section 62 - Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

      10.  Section 63 – Adjournment at first diet in summary proceedings

      11. Section 64 – Review hearing of drug treatment and testing order

      12. Section 65 - Transcript of record

      13. Section 66 - Bail and Related matters

      14. Section 67 – Adjournment of case before sentence

    9. Part 9 – Bribery and Corruption

      1. Sections 68 and 69 – Bribery and corruption: foreign officers etc.; Bribery and corruption committed outwith the UK

    10. Part 10 – Criminal Records

      1. Section 70 – Registration for criminal record purposes

    11. Part 11 – Local Authority Functions

      1. Section 71 and 72 – Advice, guidance and assistance to persons arrested or on whom sentence deferred; Grants to local authorities discharging certain functions jointly

    12. Part 12 – Miscellaneous and General

      1. Miscellaneous

        1. Section 73 – Public defence

        2. Section 74 – Offences aggravated by religious prejudice

        3. Section 75 – Reintroduction of ranks of deputy chief constable and chief superintendent

        4. Section 76 – Police custody and security officers

        5. Section 77, schedule 3 and that part of schedule 5 relating to the Wildlife and Countryside Act 1981: Wildlife Offences

        6. Schedule 5

        7. Section 78 – Disqualification from jury service

        8. Section 79 – Separation of jury after retiral

        9. Section 80 – Television link from court to prison or other place of detention

        10. Section 81 – Warrants issued in Northern Ireland for search of premises in Scotland

        11. Section 82 - Use of electronic communication or electronic storage in connection with warrants to search

        12. Section 83 – Anti-Social Behaviour Strategies

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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