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Criminal Justice and Licensing (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 SENTENCING

    1. The Scottish Sentencing Council

      1. 1.The Scottish Sentencing Council

      2. 2.The Council’s objectives

      3. 3.Sentencing guidelines

      4. 4.Consultation on proposed sentencing guidelines

      5. 5.Approval of sentencing guidelines by High Court

      6. 6.Effect of sentencing guidelines

      7. 7.Ministers’ power to request that sentencing guidelines be prepared or reviewed

      8. 8.High Court’s power to require preparation or review of sentencing guidelines

      9. 9.Publication of High Court guideline judgments

      10. 10.Scottish Court Service to provide sentencing information to the Council

      11. 11.The Council’s power to provide information, advice etc.

      12. 12.Business plan

      13. 13.Annual report

    2. Community payback orders

      1. 14.Community payback orders

    3. Non-harassment orders

      1. 15.Non-harassment orders

    4. Short sentences

      1. 16.Short periods of detention

      2. 17.Presumption against short periods of imprisonment

      3. 18.Amendments of Custodial Sentences and Weapons (Scotland) Act 2007

      4. 19.Early removal of certain short-term prisoners from the United Kingdom

    5. Other sentencing measures

      1. 20.Reports about supervised persons

      2. 21.Detention of children convicted on indictment

      3. 22.Pre-sentencing reports about organisations

      4. 23.Extended sentences for certain sexual offences

      5. 24.Effect of probation and absolute discharge

      6. 25.Offences aggravated by racial or religious prejudice

      7. 26.Voluntary intoxication by alcohol: effect in sentencing

      8. 27.Mutual recognition of judgments and probation decisions

  3. PART 2 CRIMINAL LAW

    1. Serious organised crime

      1. 28.Involvement in serious organised crime

      2. 29.Offences aggravated by connection with serious organised crime

      3. 30.Directing serious organised crime

      4. 31.Failure to report serious organised crime

    2. Genocide, crimes against humanity and war crimes

      1. 32.Genocide, crimes against humanity and war crimes: UK residents

      2. 33.Genocide, crimes against humanity and war crimes: retrospective application

    3. Articles banned in prison

      1. 34.Articles banned in prison

    4. Crossbows, knives etc.

      1. 35.Sale and hire of crossbows to persons under 18

      2. 36.Sale and hire of knives and certain other articles to persons under 18

    5. Offensive weapons etc.

      1. 37.Offensive weapons etc.

    6. Threatening or abusive behaviour

      1. 38.Threatening or abusive behaviour

    7. Stalking

      1. 39.Offence of stalking

    8. Sexual offences

      1. 40.Certain sexual offences by non-natural persons

      2. 41.Indecent images of children

      3. 42.Extreme pornography

      4. 43.Voyeurism: additional forms of conduct

      5. 44.Sexual offences: defences in relation to offences against older children

      6. 45.Penalties for offences of brothel-keeping and living on the earnings of prostitution

    9. People trafficking

      1. 46.People trafficking

    10. Slavery, servitude and forced or compulsory labour

      1. 47.Slavery, servitude and forced or compulsory labour

    11. Fraud and embezzlement

      1. 48.Alternative charges for fraud and embezzlement

      2. 49.Articles for use in fraud

    12. Conspiracy

      1. 50.Conspiracy to commit offences outwith Scotland

    13. Abolition of offences of sedition and leasing-making

      1. 51.Abolition of offences of sedition and leasing-making

  4. PART 3 CRIMINAL PROCEDURE

    1. Children

      1. 52.Prosecution of children

    2. Offences: liability of partners

      1. 53.Offences: liability of partners

    3. Witness statements

      1. 54.Witness statements

    4. Police liberation

      1. 55.Breach of undertaking

    5. Grant of warrants

      1. 56.Grant of warrants for execution by constables and police members of SCDEA

    6. Bail

      1. 57.Bail review applications

      2. 58.Bail condition for identification procedures etc.

      3. 59.Bail conditions: remote monitoring requirements

    7. Prosecution on indictment

      1. 60.Prosecution on indictment: Scottish Law Officers

    8. Transfer of justice of the peace court cases

      1. 61.Transfer of justice of the peace court cases

    9. Additions to complaint

      1. 62.Additional charge where bail etc. breached

    10. Dockets and charges in sex cases

      1. 63.Dockets and charges in sex cases

    11. Remand and committal of children

      1. 64.Remand and committal of children and young persons

    12. Prosecution of organisations

      1. 65.Meaning of “organisation”

      2. 66.Proceedings on indictment against organisations

      3. 67.Prosecution of organisations by summary procedure

      4. 68.Manner of citation of organisations in summary proceedings

    13. Personal conduct of case by accused

      1. 69.Prohibition of personal conduct of case by accused in certain proceedings

    14. Disclosure of convictions etc.

      1. 70.Disclosure of convictions and non-court disposals

      2. 71.Convictions by courts in other EU member States

    15. Appeals: time limits

      1. 72.Time limits for lodging certain appeals

    16. Crown appeals

      1. 73.Submissions as to sufficiency of evidence

      2. 74.Prosecutor’s right of appeal

      3. 75.Power of High Court in appeal under section 107A of 1995 Act

      4. 76.Further amendment of 1995 Act

    17. Retention and use of samples etc.

      1. 77.Retention of samples etc.

      2. 78.Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted

      3. 79.Retention of samples etc. taken or provided in connection with certain fixed penalty offences

      4. 80.Retention of samples etc. from children referred to children’s hearings

      5. 81.Extension of section 19A of 1995 Act

      6. 82.Use of samples etc.

    18. Referrals from the Scottish Criminal Cases Review Commission

      1. 83.Referrals from Scottish Criminal Cases Review Commission: grounds for appeal

  5. PART 4 EVIDENCE

    1. 84.Admissibility of prior statements of witnesses: abolition of competence test

    2. 85.Witness statements: use during trial

    3. 86.Spouse or civil partner of accused a compellable witness

    4. 87.Special measures for child witnesses and other vulnerable witnesses

    5. 88.Child witnesses in proceedings for people trafficking offences

    6. 89.Amendment of Criminal Justice (Scotland) Act 2003

    7. 90.Witness anonymity orders

    8. 91.Television link evidence

    9. 92.European evidence warrants

  6. PART 5 CRIMINAL JUSTICE

    1. Jury service

      1. 93.Lists of jurors

      2. 94.Upper age limit for jurors

      3. 95.Excusal from jury service

      4. 96.Persons excusable from jury service

    2. Data matching for detection of fraud etc.

      1. 97.Data matching for detection of fraud etc.

    3. Sharing information with anti-fraud organisations

      1. 98.Sharing information with anti-fraud organisations

    4. Closure of premises associated with human exploitation etc.

      1. 99.Closure of premises associated with human exploitation etc.

    5. Sexual offences prevention orders

      1. 100.Sexual offences prevention orders

    6. Foreign travel orders

      1. 101.Foreign travel orders

    7. Sex offender notification requirements

      1. 102.Sex offender notification requirements

    8. Risk of sexual harm orders

      1. 103.Risk of sexual harm orders

      2. 104.Risk of sexual harm orders: spent convictions

    9. Obtaining information from outwith United Kingdom

      1. 105.Obtaining information from outwith United Kingdom

    10. Surveillance

      1. 106.Grant of authorisations for surveillance

    11. Interference with property

      1. 107.Authorisations to interfere with property etc.

    12. Amendments of Part 5 of Police Act 1997

      1. 108.Amendments of Part 5 of Police Act 1997

    13. Rehabilitation of offenders

      1. 109.Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974

    14. Medical services in prisons

      1. 110.Medical services in prisons

    15. Miscellaneous

      1. 111.Assistance for victim support

      2. 112.Public defence solicitors

      3. 113.Compensation for miscarriages of justice

      4. 114.Financial reporting orders

      5. 115.Compensation orders

  7. PART 6 DISCLOSURE

    1. Meaning of “information”

      1. 116.Meaning of “information”

    2. Provision of information to prosecutor

      1. 117.Provision of information to prosecutor: solemn cases

      2. 118.Continuing duty to provide information: solemn cases

      3. 119.Provision of information to prosecutor: summary cases

      4. 120.Continuing duty of investigating agency: summary cases

    3. Prosecutor’s duty to disclose information

      1. 121.Prosecutor’s duty to disclose information

      2. 122.Disclosure of other information: solemn cases

      3. 123.Continuing duty of prosecutor

    4. Defence statements

      1. 124.Defence statements: solemn proceedings

      2. 125.Defence statements: summary proceedings

      3. 126.Change in circumstances following lodging of defence statement: summary proceedings

    5. Sections 121 to 126: general

      1. 127.Sections 121 to 126: no need to disclose same information more than once

    6. Court rulings on disclosure

      1. 128.Application by accused for ruling on disclosure

      2. 129.Review of ruling under section 128

      3. 130.Appeals against rulings under section 128

    7. Effect of guilty plea

      1. 131.Effect of guilty plea

    8. Disclosure after conclusion of proceedings at first instance

      1. 132.Sections 133 to 140: interpretation

      2. 133.Duty to disclose after conclusion of proceedings at first instance

      3. 134.Continuing duty of prosecutor

      4. 135.Application to prosecutor for further disclosure

      5. 136.Further duty of prosecutor: conviction upheld on appeal

      6. 137.Further duty of prosecutor: convicted persons

      7. 138.Further duty of prosecutor: appeal against acquittal

    9. Court rulings on disclosure: appellate proceedings

      1. 139.Application by appellant for ruling on disclosure

      2. 140.Review of ruling under section 139

    10. Applications to court: orders preventing or restricting disclosure

      1. 141.Application for section 145 order

      2. 142.Application for non-notification order or exclusion order

      3. 143.Application for non-notification order and exclusion order

      4. 144.Application for exclusion order

      5. 145.Application for section 145 order: determination

    11. Orders preventing or restricting disclosure: Secretary of State

      1. 146.Order preventing or restricting disclosure: application by Secretary of State

      2. 147.Application for ancillary orders: Secretary of State

      3. 148.Application for restricted notification order and non-attendance order

      4. 149.Application for non-attendance order

    12. Special counsel

      1. 150.Special counsel

      2. 151.Persons eligible for appointment as special counsel

      3. 152.Role of special counsel

    13. Appeals

      1. 153.Appeals

      2. 154.Prohibition on disclosure pending determination of certain appeals

    14. Review of section 145 and 146 orders

      1. 155.Review of section 145 order

      2. 156.Review of section 146 order

      3. 157.Review by court of section 145 and 146 orders

    15. Applications and reviews: general

      1. 158.Applications and reviews: general provisions

    16. General

      1. 159.Exemptions from disclosure

      2. 160.Means of disclosure

      3. 161.Redaction of non-disclosable information by prosecutor

      4. 162.Confidentiality of disclosed information

      5. 163.Contravention of section 162

      6. 164.Code of practice

      7. 165.Acts of Adjournal

      8. 166.Abolition of common law rules about disclosure

    17. Interpretation of Part 6

      1. 167.Interpretation of Part 6

  8. PART 7 MENTAL DISORDER AND UNFITNESS FOR TRIAL

    1. 168.Criminal responsibility of persons with mental disorder

    2. 169.Acquittal involving mental disorder: procedure

    3. 170.Unfitness for trial

    4. 171.Abolition of common law rules

  9. PART 8 LICENSING UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982

    1. 172.Conditions to which licences under 1982 Act are to be subject

    2. 173.Licensing: powers of entry and inspection for civilian employees

    3. 174.Licensing of taxis and private hire cars

    4. 175.Licensing of street trading: food hygiene certificates

    5. 176.Licensing of public entertainment

    6. 177.Licensing of late night catering

    7. 178.Applications for licences

  10. PART 9 ALCOHOL LICENSING

    1. 179.Premises licence applications: statements about disabled access etc.

    2. 180.Premises licence applications: notification requirements

    3. 181.Premises licence applications: modification of layout plans

    4. 182.Reviews of premises licences: notification of determinations

    5. 183.Premises licence applications: antisocial behaviour reports

    6. 184.Premises licences: connected persons and interested parties

    7. 185.Provisional premises licences: duration

    8. 186.Premises licence applications: food hygiene certificates

    9. 187.Provision of copies of licences to chief constable

    10. 188.Sale of alcohol to trade

    11. 189.Occasional licences

    12. 190.Extended hours applications: notification period

    13. 191.Extended hours applications: variation of conditions

    14. 192.Personal licences

    15. 193.Emergency closure orders

    16. 194.Appeals

    17. 195.Liability for offences

    18. 196.False statements in applications: offence

    19. 197.Powers of Licensing Standards Officers

    20. 198.Further modifications of 2005 Act

  11. PART 10 MISCELLANEOUS

    1. 199.Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

    2. 200.Modification of references to “Act”, “enactment” etc. in certain Acts of Parliament

  12. PART 11 GENERAL

    1. 201.Orders and regulations

    2. 202.Interpretation

    3. 203.Modification of enactments

    4. 204.Ancillary provision

    5. 205.Transitional provision etc.

    6. 206.Commencement and short title

    1. Schedule 1—

      The Scottish Sentencing Council

    2. Schedule 2—

      Community payback orders: consequential modifications

      1. Part 1— The 1995 Act

      2. Part 2— Other enactments

    3. Schedule 3—

      Short-term custody and community sentences: consequential amendments

    4. Schedule 4—

      Convictions by courts in other EU member States: modifications of enactments

      1. Part 1— The 1995 Act

      2. Part 2— Other enactments

    5. Schedule 5—

      Witness anonymity orders: transitional

    6. Schedule 6—

      Further modifications of 2005 Act

    7. Schedule 7—

      Modifications of enactments

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