Search Legislation

Courts Reform (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

Criminal Justice and Licensing (Scotland) Act 2010

This section has no associated Explanatory Notes

17(1)The Criminal Justice and Licensing (Scotland) Act 2010 is amended in accordance with this paragraph.

(2)In section 6 (effect of sentencing guidelines)—

(a)for subsection (4), substitute—

(4)Subsection (5) applies where, on an appeal in any case—

(a)the High Court of Justiciary passes another sentence under one of the following provisions of the 1995 Act

(i)section 118(3),

(ii)section 118(4)(b),

(iii)section 118(4A)(b),

(iv)section 118(4A)(c)(ii), or

(b)the Sheriff Appeal Court or the High Court passes another sentence under section 189(1)(b) of that Act.,

(b)in subsection (5), after “Court” insert “or, as the case may be, the Sheriff Appeal Court”.

(3)After section 8, insert—

8ASheriff Appeal Court’s power to require preparation or review of sentencing guidelines

(1)Where the Sheriff Appeal Court pronounces an opinion under section 189(7) of the 1995 Act, the Court may require the Council to—

(a)prepare, for the approval of the High Court of Justiciary, sentencing guidelines on any matter, or

(b)review any sentencing guidelines published by the Council on any matter.

(2)On making a requirement under subsection (1), the Sheriff Appeal Court must state its reasons for doing so.

(3)The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the Sheriff Appeal Court’s reasons for making the requirement..

(4)In section 9 (publication of High Court guideline judgments)—

(a)in subsection (1), for “or 189(7) of the 1995 Act” substitute “of the 1995 Act and opinions of the Sheriff Appeal Court or the High Court pronounced under section 189(7) of that Act”,

(b)in subsection (2), after “High Court” insert “or the Sheriff Appeal Court”,

(c)the title of the section becomes “Publication of High Court and Sheriff Appeal Court guideline judgments”.

(5)In section 13 (annual report of the Scottish Sentencing Council), in subsection (3)—

(a)the word “and” immediately following paragraph (d) is repealed,

(b)after paragraph (e) insert , and

(f)requirements made by the Sheriff Appeal Court under section 8A and of the Council’s response to them..

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

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?

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 enacted version 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