Criminal Justice (Scotland) Act 2003

1. Introductory Text

2. Part 1 Protection of the public at large

   1. Risk assessment and order for lifelong restriction

      1. 1. Risk assessment and order for lifelong restriction

   2. Disposal in case of insanity

      1. 2. Disposal of case where accused found to be insane

   3. The Risk Management Authority

      1. 3. The Risk Management Authority

      2. 4. Policy and research

      3. 5. Guidelines and standards

      4. 6. Risk management plans

      5. 7. Preparation of risk management plans

      6. 8. Preparation of risk management plans: further provision

      7. 9. Implementation and review of risk management plans

      8. 10. Grants to local authorities in connection with risk management plans

      9. 11. Accreditation, education and training

      10. 12. Functions: supplementary

      11. 13. Accounts and annual reports

3. Part 2 Victims' rights

   1. 14. Victim statements

   2. 15. Prohibition of personal conduct of defence in proofs ordered in relation to victim statements in cases of certain sexual offences

   3. 15A. Application of sections 271 to 271M of the 1995 Act in proofs ordered in relation to victim statements

   4. 16. Victim’s right to receive information concerning release etc. of offender

   5. 16A. Victim's right to receive information concerning offender subject to compulsion order

   6. 16B. Person entitled to ask to be given information under section 16A

   7. 16C. Information to be given under section 16A

   8. 17. Release on licence: right of victim to receive information and make representations

   9. 17A. Temporary release: victim's right to make representations about conditions

   10. 17B. Mentally-disordered offender: victim's right to make representations

   11. 17C. Making representations under section 17B

   12. 17D. Right to information after section 17B decision

   13. 17E. Information sharing in respect of mentally-disordered offenders

   14. 18. Disclosure of certain information relating to victims of crime

   15. 18A. Interpretation of Part

   16. 18B. Power to modify Part

4. Part 3 Sexual offences etc.

   1. 19. Amendments in relation to certain serious and sexual offences

   2. 20. Extended sentences

   3. 21. Sexual and certain other offences: reports

   4. 22. Traffic in prostitution etc.

5. Part 4 Prisoners etc.

   1. Custody and temporary detention

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

      2. 24. Legal custody

      3. 25. Temporary detention of person being returned to prison in England and Wales etc.

   2. Consecutive sentences

      1. 26. Consecutive sentences: life prisoners etc.

   3. Release of prisoners

      1. 27. Release on licence etc. under 1989 Act

      2. 28. Release on licence etc. under 1993 Act

      3. 29. Release on licence: life prisoners

      4. 30. Release on licence: certain consecutive sentences

      5. 31. Release: prisoners serving extended sentences

      6. 32. Release etc. under 1993 Act of prisoner serving consecutive or concurrent offence and non-offence terms

      7. 33. Prisoners repatriated to Scotland

      8. 34. Suspension of conditions and revocation of licences under 1989 Act

      9. 35. Suspension of licence conditions under 1993 Act

      10. 36. Revocation of licences under 1993 Act

      11. 37. Extended sentences: recall to prison and revocation of licences

      12. 38. Special provision in relation to children

   4. Special provision as regards certain life prisoners

      1. 39. Convention rights of certain life prisoners

   5. Monitoring on release

      1. 40. Remote monitoring of released prisoners

   6. Parole Board to have regard to risk management plans

      1. 41. Parole Board to have regard to risk management plans

6. Part 5 Drugs courts

   1. 42. Drugs courts

7. Part 6 Non-custodial punishments

   1. 43. Restriction of liberty orders

   2. 44. Interim anti-social behaviour orders

   3. 45. Application by registered social landlord for anti-social behaviour order

   4. 46. Requirement for remote monitoring in probation order

   5. 47. Requirement for remote monitoring in drug treatment and testing order

   6. 48. Breach of certain orders: adjourning hearing and remanding in custody etc.

   7. 49. Power of arrest where breach of non-harassment order

   8. 50. Amendments in relation to certain non-custodial sentences

8. Part 7 Children

   1. 51. Physical punishment of children

   2. 52. Prohibition of publication of proceedings at children’s hearing etc.

   3. 53. Provision by Principal Reporter of information to victims

9. Part 8 Evidential, jurisdictional and procedural matters

   1. Evidential matters

      1. 54. Certificates relating to physical data: sufficiency of evidence

      2. 55. Taking samples by swabbing

      3. 56. Retaining sample or relevant physical data where given voluntarily

      4. 57. Convictions in other member States of the European Union

   2. Jurisdictional matters

      1. 58. Transfer of sheriff court proceedings

      2. 59. Competence of justice’s actings outwith jurisdiction

   3. Procedural matters

      1. 60. Unified citation provisions

      2. 61. Citation other than by service of indictment or complaint

      3. 62. Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

      4. 63. Adjournment at first diet in summary proceedings

      5. 64. Review hearing of drug treatment and testing order

      6. 65. Transcript of record

      7. 66. Bail and related matters

      8. 67. Adjournment of case before sentence

10. Part 9 Bribery and corruption

    1. 68. Bribery and corruption: foreign officers etc.

    2. 69. Bribery and corruption committed outwith UK

11. Part 10 Criminal records

    1. 70. Registration for criminal records purposes

12. Part 11 Local authority functions

    1. 71. Advice, guidance and assistance to persons arrested or on whom sentence deferred

    2. 72. Grants to local authorities discharging certain functions jointly

13. Part 12 Miscellaneous and general

    1. Miscellaneous

       1. 73. Public defence

       2. 74. Offences aggravated by religious prejudice

       3. 75. Reintroduction of ranks of deputy chief constable and chief superintendent

       4. 76. Police custody and security officers

       5. 77. Wildlife offences

       6. 78. Disqualification from jury service

       7. 79. Separation of jury after retiral

       8. 80. Television link from court to prison or other place of detention

       9. 81. Warrants issued in Northern Ireland for search of premises in Scotland

       10. 82. Use of electronic communications or electronic storage in connection with warrants to search

       11. 83. Anti-social behaviour strategies

    2. General

       1. 84. Transitional provisions etc.

       2. 85. Minor and consequential amendments

       3. 86. Repeals

       4. 87. Interpretation

       5. 88. Orders

       6. 89. Short title and commencement

14. 1. SCHEDULE 1

       Order for lifelong restriction: modification of enactments

       1. 1. (1) The 1993 Act is amended in accordance with this...

       2. 2. (1) The 1995 Act is amended in accordance with this...

    2. SCHEDULE 2

       Constitution etc. of the Risk Management Authority

       1. 1. Status

       2. 2. The Authority— (a) is not a servant or agent of...

       3. 3. (1) The Authority consists of such members (including a convener)...

       4. 4. (1) Subject to any order under subsection (1) of section...

       5. 5. (1) The Authority may, with the approval of the Scottish...

       6. 6. (1) The Authority may, with the approval of the Scottish...

    3. SCHEDULE 3

       Wildlife offences

       1. 1. The Wildlife and Countryside Act 1981 (c. 69) is amended...

       2. 2. In each of sections 6(8) (regulations as to dealing in...

       3. 3. In section 7(4) (offence relating to disposal etc. of certain...

       4. 4. In section 19 (enforcement)— (a) in subsection (1)(c), the words...

       5. 5. In section 20 (summary prosecutions)— (a) subsection (1) is repealed;...

       6. 6. In section 21 (penalties, forfeitures etc.)— (a) for subsection (1)...

    4. SCHEDULE 4

       Minor and consequential amendments

       1. 1. Section 42 of the 1989 Act (exercise of powers to...

       2. 2. (1) The 1993 Act is amended as follows.

       3. 3. (1) The 1995 Act is amended as follows.

       4. 4. In Schedule 1 to the Crime and Punishment (Scotland) Act...

       5. 5. In the schedule to the Convention Rights (Compliance) (Scotland) Act...

    5. SCHEDULE 5

       Repeals