Search Legislation

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 5) Order 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2010 No. 385  (C. 25)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 5) Order 2010

Made

4th November 2010

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010(1).

Citation and interpretation

1.  (1)  This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 5) Order 2010.

(2) In this Order—

“the Commission” means the Scottish Criminal Cases Review Commission; and

“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010.

Commencement of section 83

2.  Section 83 of the 2010 Act comes into force on the day after the day on which this Order is made.

Transitional provision

3.  (1)  Paragraph (2) applies in relation to any proceedings, arising from a reference made by the Commission to the High Court by virtue of section 194B of the Criminal Procedure (Scotland) Act 1995(2), which are not concluded as at the date of commencement of section 83 of the 2010 Act.

(2) Where an appellant seeks to found an appeal on grounds additional to those as set out in the Commission’s statement of reasons then the period of 21 days specified in subsections (4C) and (4D) of section 194D of the Criminal Procedure (Scotland) Act 1995(3) shall be construed as 21 days after the date of commencement of section 83 of the 2010 Act.

Savings provision

4.  Notwithstanding the commencement of section 83 of the 2010 Act, where an appellant has, prior to the date of commencement of that section, a ground or grounds of appeal unrelated to the Commission’s statement of reasons the appeal may proceed as if that section had not been commenced.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

4th November 2010

EXPLANATORY NOTE

(This note is not part of the Order)

The Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force on Royal Assent.

Article 2 of this Order brings into force section 83 of the 2010 Act.

Section 83 of the 2010 Act amends section 194D of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). Section 194D of the 1995 Act makes provision regarding the reference of convictions, sentences or findings by the Scottish Criminal Cases Review Commission (“the Commission”) to the High Court. Under the provision made by section 83 of the 2010 Act where the Commission makes a reference under section 194B of the 1995 Act the appeal arising from the reference can only be based on a ground relating to one or more of the reasons given by the Commission for the reference unless the High Court has, where it considers it is in the interests of justice to do so, given leave for the appellant to found the appeal on additional grounds.

Article 3 of this Order makes transitional provision in respect of proceedings in relation to which a referral has been made by the Commission to the High Court by virtue of section 194B of the 1995 Act and in respect of which have not concluded as at the date of commencement of section 83 of the 2010 Act. The appellant may, in such cases, seek additional grounds to found the appeal as if the time period specified in subsections (4C) and (4D) of section 194D of the 1995 Act is such time period after the date of the commencement of section 83 of the 2010 Act.

Article 4 of the Order makes savings provision which provides that notwithstanding the commencement of section 83 of the 2010 Act where an appellant has, prior to the date of commencement of the section, a ground or grounds of appeal unrelated to the Commission’s statement of reasons the appeal may proceed as if the amendments made by the provision have not been made.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The first commencement order, the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 1) Order 2010 (S.S.I. 2010/297) was made on 12th August 2010. The second commencement order, the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 2) Order 2010 (S.S.I. 2010/339) was made on 22nd September 2010. The third commencement order, the Protection of Vulnerable Groups (Scotland) Act 2007 (Commencement No. 4) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 3) Order 2010 (S.S.I. 2010/344) was made on 23rd September 2010. The Sexual Offences (Scotland) Act 2009 (Commencement No. 1) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 4) Order 2010 (S.S.I. 2010/357) was made on 7th October 2010.

Provision

Date of Commencement

S.S.I. No.

Section 178(3)(e) (partially)16th August 20102010/297
Sections 38 and 976th October 20102010/339
Section 108(1) and (4) (partially)12th October 20102010/344
Sections 43, 44 and 631st December 20102010/357
(2)

1995 c.46. Section 194B of the Criminal Procedure (Scotland) Act 1995 was inserted by section 25 of the Crime and Punishment (Scotland) Act 1997 (c.48).

(3)

Section 194D of the Criminal Procedure (Scotland) Act 1995 was inserted by section 25 of the Crime and Punishment (Scotland) Act 1997. Subsections (4C) and (4D) are inserted by section 83 of the 2010 Act.

Back to top

Options/Help

Print Options

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

Opening Options

Different options to open legislation in order to view more content on screen at once

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 enactedversion 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 made 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