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Criminal Justice and Licensing (Scotland) Act 2010

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Criminal Justice and Licensing (Scotland) Act 2010, SCHEDULE 7 is up to date with all changes known to be in force on or before 22 July 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULE 7SMODIFICATIONS OF ENACTMENTS

(introduced by section 203)

This schedule has no associated Explanatory Notes

The Libel Act 1792 (c.60)S

1The Libel Act 1792 is repealed.S

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Commencement Information

I1Sch. 7 para. 1 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Criminal Libel Act 1819 (c.8)S

2The Criminal Libel Act 1819 is repealed.S

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Commencement Information

I2Sch. 7 para. 2 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The False Oaths (Scotland) Act 1933 (c.20)S

3The False Oaths (Scotland) Act 1933 is repealed.S

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Commencement Information

I3Sch. 7 para. 3 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Public Records (Scotland) Act 1937 (c.43)S

4In section 14 of the Public Records (Scotland) Act 1937 (interpretation)—S

(a)for the definition of “court records” substitute—

court records” includes (in addition to records of the ordinary courts) records of the Scottish Land Court;, and

(b)for subsection (2) substitute—

(2)Any question as to whether or not a document is part of the records of a particular court is to be determined—

(a)in the case of the High Court, by the Lord Justice General,

(b)in any other case, by the Lord President..

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Commencement Information

I4Sch. 7 para. 4 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

The Law Officers Act 1944 (c.25)S

5In section 2(3) of the Law Officers Act 1944 (Lord Advocate and Solicitor General for Scotland), for the words from “three” to the end substitute “ 287 of the Criminal Procedure (Scotland) Act 1995 (c.46) ”.S

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Commencement Information

I5Sch. 7 para. 5 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

The Defamation Act 1952 (c.66)S

6In the Defamation Act 1952, section 17(2) is repealed.S

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Commencement Information

I6Sch. 7 para. 6 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Rehabilitation of Offenders Act 1974 (c.53)S

7The Rehabilitation of Offenders Act 1974 is amended as follows.S

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Commencement Information

I7Sch. 7 para. 7 in force at 1.11.2011 by S.S.I. 2011/354, art. 2, Sch.

8In section 1 (rehabilitated persons and spent convictions), in subsection (4)(b), after “insanity” insert “ or, as the case may be, a finding that a person is not criminally responsible under section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46) ”.S

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Commencement Information

I8Sch. 7 para. 8 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

9In section 6(6)(bb) (convictions in service disciplinary proceedings), for “the Schedule” substitute “ Schedule 1 ”.S

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Commencement Information

I9Sch. 7 para. 9 in force at 1.11.2011 by S.S.I. 2011/354, art. 2, Sch.

10The Schedule (service disciplinary proceedings) is renumbered as Schedule 1.S

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Commencement Information

I10Sch. 7 para. 10 in force at 1.11.2011 by S.S.I. 2011/354, art. 2, Sch.

The Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34)S

11In Schedule 1 to the Evidence (Proceedings in Other Jurisdictions) Act 1975 (consequential amendments), the paragraph relating to the False Oaths (Scotland) Act 1933 is repealed.S

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Commencement Information

I11Sch. 7 para. 11 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The 1982 ActS

12The 1982 Act is amended as follows.S

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Commencement Information

I12Sch. 7 para. 12 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

13In section 52 (indecent photographs etc. of children), subsection (7) is repealed.S

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Commencement Information

I13Sch. 7 para. 13 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

14In section 64 (appeals against orders in relation to public processions), in subsection (6), for “paragraph (a)(ii)” substitute “ paragraph (a)(i) ”.S

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Commencement Information

I14Sch. 7 para. 14 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Incest and Related Offences (Scotland) Act 1986 (c.36)S

15The Incest and Related Offences (Scotland) Act 1986 is repealed.S

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Commencement Information

I15Sch. 7 para. 15 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Legal Aid (Scotland) Act 1986 (c.47)S

16In section 22 of the Legal Aid (Scotland) Act 1986 (automatic availability of criminal legal aid), in subsection (1)—S

(a)in paragraph (da), for “he is insane so that his trial cannot proceed or continue;” substitute “ the accused is unfit for trial under section 53F of the Criminal Procedure (Scotland) Act 1995; ”, and

(b)in paragraph (dc), for “in case involving insanity” substitute “ where accused found not criminally responsible or unfit for trial ”.

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Commencement Information

I16Sch. 7 para. 16 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Criminal Justice (Scotland) Act 1987 (c.41)S

17In the Criminal Justice (Scotland) Act 1987, sections 51 to 54 (investigation of serious or complex fraud) are repealed.S

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Commencement Information

I17Sch. 7 para. 17 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Criminal Justice Act 1988 (c.33)S

18In the Criminal Justice Act 1988, in Schedule 15 (minor and consequential amendments), paragraphs 89, 111 and 117 are repealed.S

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Commencement Information

I18Sch. 7 para. 18 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)S

19In section 243(4)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction of offence of conspiracy: Scotland), the words “or sedition” are repealed.S

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Commencement Information

I19Sch. 7 para. 19 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Criminal Justice and Public Order Act 1994 (c.33)S

20In the Criminal Justice and Public Order Act 1994, in section 164 (extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland), subsections (3) and (4) are repealed.S

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Commencement Information

I20Sch. 7 para. 20 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)S

21The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.S

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Commencement Information

I21Sch. 7 para. 21 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

22Section 16 (powers of search) is repealed.S

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Commencement Information

I22Sch. 7 para. 22 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

23In section 23 (interpretation of Part 2), in the definition of “period of a designated sporting event”, for “in” substitute “ it ”.S

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Commencement Information

I23Sch. 7 para. 23 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)S

24In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (minor and consequential amendments), in paragraph 44, sub-paragraph (2) is repealed.S

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Commencement Information

I24Sch. 7 para. 24 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch. (with Sch.)

The 1995 ActS

25The 1995 Act is amended as follows.S

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Commencement Information

I25Sch. 7 para. 25 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

Prospective

26After section 5 insert—S

5ASigning of warrants etc. outwith sheriff's jurisdiction

The competence of a sheriff to sign any warrant, judgment, interlocutor or other document relating to any proceedings within the sheriff's jurisdiction extends to competence to do so at any other place in Scotland..

27In section 10A (jurisdiction for transferred cases)—S

(a)after subsection (1) insert—

(1A)The jurisdiction of a JP court includes jurisdiction for any cases which come before it by virtue of section 137CA, 137CB or 137CC of this Act.,

(b)in subsection (2)—

(i)the word “and” immediately following paragraph (a) is repealed,

(ii)after paragraph (a) insert—

(aa)power to prosecute in any cases which come before a JP court of that district by virtue of a provision mentioned in subsection (1A) above;, and

(iii)in paragraph (b), for “criminal proceedings which otherwise come before that sheriff” substitute “ the other cases which come before that sheriff when exercising criminal jurisdiction or (as the case may be) before that JP court ”, and

(c)for subsection (3) substitute—

(3)This section is without prejudice to sections 4 to 10 of this Act..

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Commencement Information

I26Sch. 7 para. 27 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

28In section 11 (certain offences committed outside Scotland)—S

(a)in subsection (3), for “proceeded against, indicted” substitute “ prosecuted ”, and

(b)in subsection (4), for “dealt with, indicted” substitute “ prosecuted ”.

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Commencement Information

I27Sch. 7 para. 28 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

29In section 17A (right of person accused of sexual offence to be told about restriction on conduct of defence: arrest), in subsection (1)—S

(a)for paragraphs (za) and (a) substitute—

(a)that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,, and

(b)in paragraph (c), for the words from “preliminary” to “trial” substitute “ hearing ”.

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Commencement Information

I28Sch. 7 para. 29 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

30In section 18(8)(c) (power to take prints etc. under authority of a warrant unaffected by section), for “prints, impressions” substitute “ relevant physical data ”.S

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Commencement Information

I29Sch. 7 para. 30 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

31In section 19(1)(b) (samples etc. taken from person convicted of offence), the words “impression or”, in both places where they occur, are repealed.S

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Commencement Information

I30Sch. 7 para. 31 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

32In section 19A (samples etc. from persons convicted of sexual and violent offences), in subsection (6), in paragraph (a) of the definition of “conviction”, for the words from “, by” to the end substitute “ by reason of the special defence set out in section 51A of this Act; ”.S

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Commencement Information

I31Sch. 7 para. 32 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

33Section 20 (use of prints, samples, etc.) is repealed.S

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Commencement Information

I32Sch. 7 para. 33 in force at 1.8.2011 by S.S.I. 2011/178, art. 2, Sch.

34In section 22 (liberation by police), subsections (1H), (2), (4), (4A) and (5) are repealed.S

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Commencement Information

I33Sch. 7 para. 34 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

35In section 23A (bail and liberation where person already in custody)—S

(a)in each of subsections (1) and (4), for “23 or 65(8C)” substitute “ 23, 65(8C) or 107A(7)(b) ”, and

(b)in subsection (3), for “22A(3) or 23(7)” substitute “ 22A(3), 23(7) or 107A(7)(b) ”.

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Commencement Information

I34Sch. 7 para. 35 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

36In section 35 (judicial examination), in subsection (4A)—S

(a)for paragraphs (za) and (a) substitute—

(a)that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,, and

(b)in paragraph (c), for the words from “preliminary” to “trial” substitute “ hearing ”.

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Commencement Information

I35Sch. 7 para. 36 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

37In section 55(4) (acquittal at examination of facts)—S

(a)for the words from “insane” to “omission” substitute “ not, because of section 51A of this Act, criminally responsible for the conduct ”, and

(b)for “on the ground of such insanity” substitute “ by reason of the special defence set out in that section ”.

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Commencement Information

I36Sch. 7 para. 37 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

38The title of section 57 (disposal of case where accused found to be insane) is amended by substituting “not criminally responsible or unfit for trial” for “to be insane” and the cross-heading which precedes it is amended by substituting where accused found not criminally responsible for “in case of insanity”.S

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Commencement Information

I37Sch. 7 para. 38 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

39In section 57 (disposal of case where accused found to be insane), in subsection (1)(a), for the words from “, by” to “omission” substitute “ acquitted by reason of the special defence set out in section 51A of this Act ”.S

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Commencement Information

I38Sch. 7 para. 39 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

40In section 60C(7) (disapplication of provision where person acquitted on ground of insanity)—S

(a)after “apply” insert “ in a case where the person is acquitted by reason of the special defence set out in section 51A of this Act. ”, and

(b)paragraphs (a) and (b) are repealed.

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Commencement Information

I39Sch. 7 para. 40 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

41In section 61 (requirements as to medical evidence)—S

(a)in subsection (1), the words “under section 54(1)(a) of this Act or” are repealed,

(b)in subsection (3), the words “or 54(1)(a)” are repealed, and

(c)in subsection (5), for “the said section 54(1)” substitute “ section 54(1)(c) of this Act ”.

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Commencement Information

I40Sch. 7 para. 41 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

42The title of section 62 (appeal by accused in case involving insanity) is amended by substituting “ not criminally responsible or unfit for trial ” for “in case involving insanity” and the section is amended as follows—S

(a)in subsection (1)(a), for “insane” substitute “ unfit for trial ”, and

(b)in subsection (2)(b)(iii), for the words from “virtue” to “omission” substitute “ reason of the special defence set out in section 51A of this Act ”.

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Commencement Information

I41Sch. 7 para. 42 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

43The title of section 63 (appeal by prosecutor in case involving insanity) is amended by substituting “ where accused found not criminally responsible or unfit for trial ” for “in case involving insanity” and subsection (1) of that section is amended as follows—S

(a)in paragraph (a), for “insane” substitute “ unfit for trial ”,

(b)for paragraph (b) substitute—

(b)an acquittal by reason of the special defence set out in section 51A of this Act;, and

(c)in paragraph (c), for the words from “on” to “omission” substitute “ by reason of the special defence set out in section 51A of this Act ”.

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Commencement Information

I42Sch. 7 para. 43 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

44In section 66 (service and lodging of indictment etc.), in subsection (6A)(a)—S

(a)for sub-paragraphs (zi) and (i) substitute—

(i)that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,, and

(b)in sub-paragraph (iii), for the words from “preliminary” to “trial” substitute “ hearing ”.

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Commencement Information

I43Sch. 7 para. 44 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

45In section 71 (first diet)—S

(a)in subsection (A1), for the words “his defence at the trial” substitute “ the conduct of his case at any relevant hearing in the course of the proceedings ”,

(b)in subsection (B1)(c), for the words “before the trial diet” substitute “ in relation to any hearing in the course of the proceedings ”,

(c)in subsection (1A)(a), for “the trial” substitute “ any hearing in the course of the proceedings ”,

(d)in subsection (1B)(a), for “the trial” substitute “ any hearing in the course of the proceedings ”,

(e)in subsection (5A)(b), for the words “his defence at the trial” substitute “ the conduct of his case at any relevant hearing in the course of the proceedings ”, and

(f)after subsection (7), insert—

(7A)In subsections (A1) and (5A)(b), “relevant hearing” means—

(a)in relation to proceedings mentioned in paragraph (a) of subsection (B1), any hearing at, or for the purposes of, which a witness is to give evidence,

(b)in relation to proceedings mentioned in paragraph (b) of that subsection, a hearing referred to in section 288E(2A),

(c)in relation to proceedings mentioned in paragraph (c) of that subsection, a hearing in respect of which an order is made under section 288F..

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Commencement Information

I44Sch. 7 para. 45 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

46In section 78(2) (which attracts the procedure for notifying special defences in relation to certain other defences), after “apply” insert “ to a plea of diminished responsibility or ”.S

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Commencement Information

I45Sch. 7 para. 46 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

47In section 79 (preliminary pleas and preliminary issues), in subsection (2)(b)(ii), after “under section” insert “ 22ZB(3)(b), ”.S

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Commencement Information

I46Sch. 7 para. 47 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

48In section 85 (juries: citation and attendance of jurors), in subsection (6), after “section 1” insert “ or 1A ”.S

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Commencement Information

I47Sch. 7 para. 48 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

49In section 90D (review of orders under section 90B(1)(a) or (b)), in subsection (3)(b), for “any other any” substitute “ any other ”.S

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Commencement Information

I48Sch. 7 para. 49 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

50In section 102A (failure of accused to appear), for paragraph (b) of subsection (4) substitute—S

(b)section 27(7) of this Act,.

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Commencement Information

I49Sch. 7 para. 50 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

51In section 118(5) (disposal of appeal from solemn proceedings where High Court considers appellant to have been insane)—S

(a)for “insane when he did so” substitute “ not, because of section 51A of this Act, criminally responsible for it ”, and

(b)for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of this Act ”.

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Commencement Information

I50Sch. 7 para. 51 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

52In section 136A (time limits for transferred and related cases), in subsection (1)—S

(a)in paragraph (a)(i), for “in pursuance of section 137A(1)” substitute “ under section 137A or 137CA ”, and

(b)in paragraph (a)(ii), for “in pursuance of section 137B(1), (1A) or (1C)” substitute “ under 137B or 137CB ”.

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Commencement Information

I51Sch. 7 para. 52 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

53In section 137B (transfer of sheriff court summary proceedings outwith sheriffdom), in subsection (4), for “a sheriff who has made an order under subsection (2A) above” substitute “ the sheriff who has made an order under subsection (2A) above (or another sheriff of the same sheriffdom) ”.S

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Commencement Information

I52Sch. 7 para. 53 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

54In section 140 (citation), in subsection (2A)—S

(a)for paragraph (a) substitute—

(a)that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,, and

(b)in paragraph (c), for the words “his defence at the trial” substitute “ the conduct of his case at, or for the purposes of, the hearing ”.

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Commencement Information

I53Sch. 7 para. 54 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

55In section 144 (procedure at first diet), in subsection (3A)—S

(a)for paragraph (a) substitute—

(a)that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,, and

(b)in paragraph (c), for the words “his defence at the trial” substitute “ the conduct of his case at, or for the purposes of, the hearing ”.

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Commencement Information

I54Sch. 7 para. 55 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

56In section 146 (plea of not guilty), in subsection (3A)—S

(a)for paragraph (a) substitute—

(a)that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,, and

(b)in paragraph (c), for the words “his defence at the trial” substitute “ the conduct of his case at, or for the purposes of, the hearing ”.

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Commencement Information

I55Sch. 7 para. 56 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

57The title of section 190 (disposal of appeal where appellant insane) is amended by substituting “ not criminally responsible ” for “insane”.S

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Commencement Information

I56Sch. 7 para. 57 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

58In section 190—S

(a)in subsection (1), for “insane when he did so” substitute “ not, because of section 51A of this Act, criminally responsible for it ”, and

(b)for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of this Act ”.

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Commencement Information

I57Sch. 7 para. 58 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

59In section 247 (effect of probation and absolute discharge)—S

(a)in subsection (1), for the words from “placing” to “him” substitute “ discharging the offender ”,

(b)in subsection (2), the words “placed on probation or” are repealed, and

(c)subsection (6) is repealed.

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Commencement Information

I58Sch. 7 para. 59 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

60In section 254 (search warrant for forfeited articles)–S

(a)the existing provision becomes subsection (1), and

(b)after that subsection insert—

(2)In subsection (1), “article” includes animal..

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Commencement Information

I59Sch. 7 para. 60 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

61In section 258 (uncontroversial evidence), after subsection (4A) insert—S

(4AA)Where in summary proceedings the relevant diet for the purposes of subsection (4A) above is an intermediate diet, an application under that subsection may be made at (or at any time before) that diet..

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Commencement Information

I60Sch. 7 para. 61 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

62In section 307 (interpretation), in subsection (1), after the definition of “treatment order”, insert—S

unfit for trial” has the meaning given by section 53F of this Act;.

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I61Sch. 7 para. 62 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Offensive Weapons Act 1996 (c.26)S

63In the Offensive Weapons Act 1996, section 5 is repealed.S

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Commencement Information

I62Sch. 7 para. 63 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Defamation Act 1996 (c.31)S

64In the Defamation Act 1996, section 20(2) is repealed.S

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Commencement Information

I63Sch. 7 para. 64 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Crime and Punishment (Scotland) Act 1997 (c.48)S

65The Crime and Punishment (Scotland) Act 1997 is amended as follows.S

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Commencement Information

I64Sch. 7 para. 65 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Amendments (Textual)

67In section 13 (increase in sentences available to sheriff and district courts), subsection (2) is repealed.S

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Commencement Information

I65Sch. 7 para. 67 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

68In section 56 (powers of the court on remand or committal of children and young persons), subsection (3) is repealed.S

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Commencement Information

I66Sch. 7 para. 68 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Terrorism Act 2000 (c.11)S

69In paragraph 30 of Part II of Schedule 5 to the Terrorism Act 2000 (explanations), in sub-paragraph (3)(a), for “section 2 of the False Oaths (Scotland) Act 1933” substitute “ section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) ”.S

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Commencement Information

I67Sch. 7 para. 69 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

Prospective

The Protection of Children (Scotland) Act 2003 (asp 5)S

70In section 10 of the Protection of Children (Scotland) Act 2003 (referral of individuals acquitted of offence against a child on ground of insanity), in subsection (11)(a)—S

(a)in sub-paragraph (i), for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46) ”, and

(b)in sub-paragraph (ii), for “the Criminal Procedure (Scotland) Act 1995 (c.46)” substitute “ that Act ”.

The Criminal Justice (Scotland) Act 2003 (asp 7)S

71In section 3 of the Criminal Justice (Scotland) Act 2003 (the Risk Management Authority), in paragraph (b) of subsection (2), for “to be insane” substitute “ not criminally responsible or unfit for trial ”.S

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Commencement Information

I68Sch. 7 para. 71 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Legal Deposit Libraries Act 2003 (c.28)S

72Section 10 of the Legal Deposit Libraries Act 2003 (exemption from liability: activities in relation to publications) is amended as follows—S

(a)in subsection (1), the words “, or subject to any criminal liability,” are repealed,

(b)in subsection (2)(a), the words “in the case of liability in damages” are repealed,

(c)in subsection (3), the words “, or subject to any criminal liability,” are repealed,

(d)in subsection (4)(a), the words “in the case of liability in damages” are repealed,

(e)in subsection (6)(a), the words “, or subject to any criminal liability,” are repealed, and

(f)in subsection (8), the words “and criminal liability” are repealed.

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Commencement Information

I69Sch. 7 para. 72 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Sexual Offences Act 2003 (c.42)S

73In section 135 of the Sexual Offences Act 2003 (interpretation: mentally disordered persons), after subsection (2) insert—S

(2A)In the application of this Part in relation to Scotland, a reference to a person being found not guilty of an offence by reason of insanity is to be read as a reference to a person being acquitted of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995..

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Commencement Information

I70Sch. 7 para. 73 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)S

74In the Criminal Procedure (Amendment) (Scotland) Act 2004 the following provisions are repealed—S

(a)in section 4 (prohibition on accused conducting case in person in certain cases), subsection (4),

(b)section 17 (bail conditions: remote monitoring of restrictions on movements), and

(c)in the schedule (further modifications of the 1995 Act), paragraph 55.

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Commencement Information

I71Sch. 7 para. 74 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)S

75In section 8 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (effect of conviction etc. under section 7 above or section 128 of Sexual Offences Act 2003)—S

(a)in subsection (1)—

(i)the word “or” immediately following paragraph (c) is repealed, and

(ii)after paragraph (c) insert—

(ca)is acquitted by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or, and

(b)in subsection (5)—

(i)in paragraph (a), for “(1)(a), (c) or (d)” substitute “ (1)(a) or (c) to (d) ”, and

(ii)in paragraph (c), for “(1)(a), (c) or (d)” substitute “ (1)(a) or (c) to (d) ”.

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Commencement Information

I72Sch. 7 para. 75 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Management of Offenders etc. (Scotland) Act 2005 (asp 14)S

76In section 10 of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders)—S

(a)in subsection (1)—

(i)in paragraph (c)(i), for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of that Act of 1995 ”, and

(ii)in paragraph (d), for the words from “section 54(1)” to the end substitute “ section 53F of that Act of 1995 (unfitness for trial) to be unfit for trial; ”, and

(b)in subsection (11)(a), for “to be insane” substitute “ not criminally responsible or unfit for trial ”.

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Commencement Information

I73Sch. 7 para. 76 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Serious Organised Crime and Police Act 2005 (c.15)S

77In section 65 of the Serious Organised Crime and Police Act 2005 (restrictions on the use of statements), in subsection (2)(c), for “section 2 of the False Oaths (Scotland) Act 1933 (c.20)” substitute “ section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) ”.S

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Commencement Information

I74Sch. 7 para. 77 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)S

78The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.S

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Commencement Information

I75Sch. 7 para. 78 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

79In section 7 (liberation on undertaking), in subsection (2), paragraphs (c), (e), (f) and (g) are repealed.S

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Commencement Information

I76Sch. 7 para. 79 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

80In section 74 (appointment of stipendiary magistrates), subsection (6) is repealed.S

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Commencement Information

I77Sch. 7 para. 80 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

81After section 74 insert—S

74AExercise of functions by stipendiary magistrates

(1)A stipendiary magistrate may, by reason of holding that office—

(a)exercise the same judicial and signing functions as are exercisable by a JP,

(b)do so in the same manner as a JP (including by using the title of office of JP).

(2)For the purpose of subsection (1)—

(a)the acts of a stipendiary magistrate are valid as if the magistrate were a JP,

(b)it does not matter if an enactment from which a JP derives authority to act in a specific case does not bear to give equivalent authority to a stipendiary magistrate.

(3)However, subsections (1) and (2) are subject to any provision of an enactment which expressly excludes a stipendiary magistrate from acting in a specific case.

(4)This section does not limit any other functions of a stipendiary magistrate (in particular, those exercisable in that capacity only)..

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Commencement Information

I78Sch. 7 para. 81 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

82In section 76 (signing functions)—S

(a)in subsection (2), for “signing functions in the same manner as” substitute “ the same signing functions as are exercisable by ”, and

(b)subsection (4) is repealed.

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Commencement Information

I79Sch. 7 para. 82 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

83In the schedule (modification of enactments)—S

(a)paragraph 3(b) is repealed, and

(b)in paragraph 26––

(i)the words “(in addition to the provisions amended by paragraphs 7(4) and 16(a))” are repealed, and

(ii)sub-paragraph (b) is repealed.

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Commencement Information

I80Sch. 7 para. 83 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch.

The Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)S

84In section 32 of the Protection of Vulnerable Groups (Scotland) Act 2007 (relevant offences etc.), in subsection (3)(b)(i), for “on the ground of insanity” substitute “ by reason of the special defence set out in section 51A of the 1995 Act ”.S

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Commencement Information

I81Sch. 7 para. 84 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Counter-Terrorism Act 2008 (c.28)S

85In section 45 of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements), in subsection (2)(b)—S

(a)in sub-paragraph (ii), for the words from “on grounds of insanity” to the end substitute “ by reason of the special defence set out in section 51A of that Act (criminal responsibility of persons with mental disorder), or ”, and

(b)in sub-paragraph (iii), for the words from “the Criminal” to “facts)” substitute “ that Act (examination of facts where person unfit for trial) ”.

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Commencement Information

I82Sch. 7 para. 85 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

The Sexual Offences (Scotland) Act 2009 (asp 9)S

86In section 55(7) of the Sexual Offences (Scotland) Act 2009 (offences committed outside the United Kingdom), for “proceeded against, indicted” substitute “ prosecuted ”.S

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Commencement Information

I83Sch. 7 para. 86 in force at 13.12.2010 by S.S.I. 2010/413, art. 2, Sch.

The Coroners and Justice Act 2009 (c.25)S

87In section 156 of the Coroners and Justice Act 2009 (exploitation proceeds orders: qualifying offenders)—S

(a)in subsection (2)—

(i)the word “or” immediately following paragraph (b) is repealed, and

(ii)after paragraph (b) insert—

(ba)has been acquitted by such a court of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or, and

(b)in subsection (3)(a)—

(i)the word “or” immediately following sub-paragraph (ii) is repealed, and

(ii)after sub-paragraph (ii) insert—

(iia)such a court has made, in respect of a foreign offence, a finding equivalent to a finding of the person's acquittal by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or.

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Commencement Information

I84Sch. 7 para. 87 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

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