The Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010

Citation and commencement

1.  This Order may be cited as the Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 and comes into force on the same day as section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007.

Interpretation

2.—(1) In this Order—

“the Act” means the Protection of Vulnerable Groups (Scotland) Act 2007;

“relevant circumstances” means the circumstances, if any, included in the description of any offence in Schedules 1, 2, 3 and 4 relating to the commission of that offence;

“similar offence” means any sexual offence which is similar in nature to an offence specified in Schedules 1 to 4 and which—

(a)

was provided for in an enactment which is no longer in force or was an offence at common law which has been abolished by an enactment; and

(b)

was committed by penetrating the victim’s vagina, anus or mouth by any part of the body or with anything else without the victim consenting.

(2) In articles 3 and 4, a reference to an offence specified in one of the Schedules includes a reference to an offence which is a similar offence in relation to an offence specified in that Schedule.

Specified criteria for children’s list

3.—(1) The criteria specified for the purposes of section 14(1) of the Act (automatic listing in the children’s list) are the criteria specified in paragraphs (2), (3) and (4).

(2) On or after the coming into force of this Order the individual has been convicted on indictment of an offence listed in Schedule 1.

(3) On or after the coming into force of this Order—

(a) the individual has been charged on indictment with an offence listed in paragraphs 1 to 11 of Schedule 1;

(b) either—

(i) the individual is acquitted of the charge on the ground of insanity; or

(ii) the court makes a finding under section 55(2) (insanity in bar of trial) of the 1995 Act in respect of the individual; and

(c) the court makes any order mentioned in section 57(2)(a) to (d) (disposal in cases of insanity) of the 1995 Act in relation to the acquittal or finding.

(4) Since becoming a scheme member(1) the individual has been convicted on indictment of an offence listed in Schedule 3.

Specified criteria for adults’ list

4.—(1) The criteria specified for the purposes of section 14(2) of the Act (automatic listing in the adults’ list) are the criteria specified in paragraphs (2), (3) and (4).

(2) On or after the coming into force of this Order the individual has been convicted on indictment of an offence listed in Schedule 2.

(3) On or after the coming into force of this Order—

(a) the individual has been charged on indictment with an offence listed in paragraphs 1 to 11 of Schedule 2;

(b) either—

(i) the individual is acquitted of the charge on the ground of insanity; or

(ii) the court makes a finding under section 55(2) of the 1995 Act in respect of the individual; and

(c) the court makes any order mentioned in section 57(2)(a) to (d) of the 1995 Act in relation to the acquittal or finding.

(4) Since becoming a scheme member the individual has been convicted on indictment of an offence listed in Schedule 4.

Provision of information by court

5.—(1) Where a court convicts an individual of an offence listed in Schedule 1 or 2, it must give Ministers—

(a) a statement of the offence of which the individual was convicted, including a copy of the indictment; and

(b) any other information which Ministers require for the purpose of determining whether the offence falls within Schedule 1 or 2.

(2) Where a court acquits an individual of an offence listed in paragraphs 1 to 11 of Schedule 1 or 2 on the ground of insanity, or makes a finding under section 55(2) of the 1995 Act in respect of the individual, and makes any order mentioned in section 57(2)(a) to (d) of the 1995 Act in relation to the acquittal or finding, it must give Ministers—

(a) a statement of the charge of which the individual has been acquitted, including a copy of the indictment;

(b) a copy of the acquittal or finding under section 55(2) of the 1995 Act;

(c) a copy of any order mentioned in section 57(2)(a) to (d) of the 1995 Act; and

(d) any other information which Ministers require for the purpose of determining whether the offence falls within paragraphs 1 to 11 of Schedule 1 or 2.

ADAM INGRAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

9th June 2010