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Regulatory Reform (Scotland) Act 2014
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Regulatory Reform (Scotland) Act 2014, Section 36 is up to date with all changes known to be in force on or before 14 December 2024. 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.
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- sch. 2 para. 14A inserted by 2024 asp 13 s. 22(2)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- sch. 2 para. 14A inserted by 2024 asp 13 s. 22(2)
36Power to order conviction etc. for offence to be publicisedS
(1)This section applies where a person is convicted by a court of a relevant offence.
(2)The court may, instead of or in addition to dealing with the person in any other way, make an order (a “publicity order”) requiring the person to publicise in a specified manner—
(a)the fact that the person has been convicted of the relevant offence,
(b)specified particulars of the offence,
(c)specified particulars of any other sentence passed by the court in respect of the offence.
(3)A publicity order is to be taken to be a sentence for the purposes of any appeal.
(4)The court may make a publicity order—
(a)at its own instance, or
(b)on the motion of the prosecutor.
(5)In deciding on the terms of a publicity order that it proposes to make, the court must have regard to any representations made by the prosecutor or by or on behalf of the person.
(6)A publicity order—
(a)must specify a period within which the requirement to publicise the matters mentioned in paragraphs (a) to (c) of subsection (2) are to be complied with, and
(b)may require the convicted person to supply SEPA, within a specified period, with evidence that that requirement has been complied with.
(7)In subsections (2) and (6), “specified”, in relation to a publicity order, means specified in the order.
(8)A person who fails to comply with a publicity order commits an offence.
(9)A person who commits an offence under subsection (8) is liable—
(a)on summary conviction, to a fine not exceeding £40,000,
(b)on conviction on indictment, to a fine.
Commencement Information
I1S. 36 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.
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