Search Legislation

Criminal Justice and Licensing (Scotland) Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice and Licensing (Scotland) Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Commencement Orders yet to be applied to the Criminal Justice and Licensing (Scotland) Act 2010

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

99Closure of premises associated with human exploitation etc.S

This sectionnoteType=Explanatory Notes has no associated

(1)In section 26 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (authorisation of closure notice)—

(a)in subsection (1), for “and (3)” substitute “ to (3B) ”,

(b)in subsection (3), after “may” insert “ , in a case involving antisocial behaviour, ”, and

(c)after subsection (3) insert—

(3A)A senior police officer may, in a case involving an exploitation offence, authorise the service of a closure notice only where the senior police officer—

(a)has reasonable grounds for believing that—

(i)such an offence is being (or, at any time in the immediately preceding 3 months, was) committed in the premises, or

(ii)the premises are being (or, at any time in the immediately preceding 3 months, have been) used for or in connection with the commission of such an offence, and

(b)is satisfied that—

(i)the local authority for the area in which the premises are situated has been consulted, and

(ii)reasonable steps have been taken to establish the identity of any person who lives on, has control of, has responsibility for or has an interest in the premises.

(3B)Subsection (3A) is without prejudice to subsection (3) (including in so far as subsection (3) is applicable in relation to a brothel or other place where prostitution may occur)..

(2)In section 27 of that Act (service etc.), in subsection (2)—

(a)in paragraph (b)(i), after “section 26(3)(b)(ii)” insert “ or (as the case may be) (3A)(b)(ii) ”, and

(b)in paragraph (b)(ii), for “in that subsection” substitute “ there ”.

(3)In section 30 of that Act (application: determination)—

(a)in subsection (1), after “subsection (2)” insert “ or (2A) ”,

(b)in subsection (2), for “Those” substitute “ Where the application is in a case involving antisocial behaviour, the ”,

(c)after subsection (2) insert—

(2A)Where the application is in a case involving an exploitation offence, the conditions are—

(a)that it appears that—

(i)such an offence is being (or was recently) committed in the premises, or

(ii)the premises continue to be (or recently have been) used for or in connection with the commission of such an offence, and

(b)that the making of the order is necessary to prevent the commission of such an offence for the period specified in the order.,

(d)in subsection (3)(b), for the words from “engaged” to the end substitute (as the case may be)—

(i)engaged in antisocial behaviour which has occurred in the premises, or

(ii)involved in the commission of an exploitation offence in or connected with the premises., and

(e)after subsection (3) insert—

(3A)For the purpose of paragraph (b)(ii) of subsection (3), a person such as is mentioned in paragraph (a) of that subsection is not involved in the commission of an exploitation offence where that person is the victim of the offence..

(4)In section 32 of that Act (extension)—

(a)after subsection (1) insert—

(1A)The sheriff may, on the application of a senior police officer and if satisfied that it is necessary to do so to prevent the commission of an exploitation offence, make an order extending the period for which a closure order has effect for a period not exceeding the maximum period.,

(b)in subsection (2), for “subsection (1)” substitute “ subsections (1) and (1A) ”,

(c)in subsection (3)—

(i)after “may” insert “ , in a case involving antisocial behaviour, ”, and

(ii)for “this section” substitute “ subsection (1) ”, and

(d)after subsection (3) insert—

(3A)A senior police officer may, in a case involving an exploitation offence, make an application under subsection (1A) only if—

(a)it is made while the closure order has effect, and

(b)the senior police officer—

(i)has reasonable grounds for believing that it is necessary to extend the period for which the closure order has effect for the purpose of preventing the commission of an exploitation offence, and

(ii)is satisfied that the appropriate local authority has been consulted about the intention to make the application..

(5)In section 33 of that Act (revocation), in subsection (1), for the words from “the occurrence” to the end substitute (as the case may be)—

(a)the occurrence of relevant harm, or

(b)the commission of an exploitation offence,

revoke the order. .

(6)In section 36 of that Act (appeals), in subsection (5), after “section 32(1)” insert “ or (1A) ”.

(7)After section 40 of that Act insert—

40AExploitation offences

(1)In this Part, an “exploitation offence” is any of the following offences—

(a)so far as concerning travel or identity documentation for enabling the trafficking of people (including passports, visas and work permits)—

(i)fraud, or

(ii)uttering a forged document,

(b)so far as concerning the trafficking of people, an offence under section 26(1)(d) of the Immigration Act 1971 (c.77) (falsification of documentation),

(c)an offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (c.45) (possession, taking or distribution of indecent images of children),

(d)an offence under sections 7 to 12 or 13(9) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (offences relating to prostitution and brothels),

(e)an offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.),

(f)an offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child following certain preliminary contact),

(g)an offence under sections 9 to 12 of that Act (offences relating to provision by child of sexual services or child pornography),

(h)an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19) (trafficking people for exploitation),

(i)an offence under Part 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape etc.),

(j)an offence under Part 4 of that Act (sexual offences involving children) other than an offence under section 37 (older children engaging in sexual conduct with each other),

(k)an offence under section 42 of that Act (sexual abuse of trust),

(l)an offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person),

(m)an offence under section 47 (slavery, servitude and forced or compulsory labour) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

(2)For the purposes of subsection (1)(a) and (b), a reference to trafficking of people is a reference to a person intentionally doing something in respect of at least one other person which involves the commission of an offence mentioned in subsection (1)(e) or (h).

(3)For the purposes of subsection (1), a reference to an offence includes a reference to—

(a)an attempt to commit an offence,

(b)incitement to commit an offence,

(c)counselling or procuring the commission of an offence,

(d)involvement art and part in an offence, and

(e)an offence as modified by section 54 of the Sexual Offences (Scotland) Act 2009 (asp 9) (incitement to commit certain sexual acts outside the United Kingdom).

(4)The Scottish Ministers may by order add to or otherwise modify the specification of offences listed in subsection (1)..

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources