The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement and Savings) Order 2007

Citation

1.  This Order may be cited as the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (Commencement and Savings) Order 2007.

Interpretation

2.  In this Order–

“the Act” means the Criminal Proceedings etc. (Reform) (Scotland) Act 2007; and

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(1).

Commencement

3.  Subject to the savings provisions contained in article 4, the following provisions of the Act shall come into force on 23rd April 2007–

(a)section 35 (evidence on commission);

(b)section 36 (victim notification scheme);

(c)section 44(2) (particular statutory offences);

(d)section 56 (recognition of EU financial penalties);

(e)section 67(5) and (6) (appointment of JPs);

(f)section 69 (training and appraisal of JPs);

(g)sections 78 and 79 (appointment of Inspector, and the Inspector’s functions);

(h)section 80 (modification of enactments), for the purposes of bringing into force the provisions of the schedule to the Act specified in paragraph (i); and

(i)paragraphs 6, 16(1), 18(2), 18(3) and 19 of the schedule to the Act.

Savings

4.—(1) An extended sentence under section 210A (extended sentences for sex or violent offenders) of the 1995 Act shall not be imposed in respect of the offences listed in section 210A(10)(xxii) to (xxvi)(2) of that Act where the offence was committed before 23rd April 2007.

(2) The coming into force of paragraphs 16(1), 18(2) and 18(3) of the schedule to the Act shall not affect proceedings in which a decision under sections 107(1)(a), 107(5)(a), 180(1)(a), 180(5)(a), 187(1)(a) or 187(4)(a) of the 1995 Act has been intimated to the appellant or the appellant’s solicitor before 23rd April 2007.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

15th March 2007