Modification of schedule 8A of the Police Act 19972

1

Schedule 8A of the Police Act 1997 (offences which must be disclosed unless a sheriff orders otherwise)2 is modified as follows.

2

After paragraph 9 insert—

9A

Defeating the ends of justice.

3

After paragraph 10 insert—

10A

Embezzlement.

4

After paragraph 12 insert—

12A

Housebreaking with intent to steal.

5

After paragraph 13 insert—

13A

Perverting the course of justice (by whatever means and however the offence is described), including in particular—

a

false accusation of a crime,

b

perjury,

c

prevarication on oath,

d

prison breaking,

e

subornation of perjury.

6

Paragraphs 13 and 14 are repealed.

7

After paragraph 16 insert—

16A

Robbery.

16B

Wilful fire-raising.

8

Paragraphs 17 and 18 are repealed.

9

After paragraph 23 insert—

Bribery23A

An offence under the Bribery Act 20103.

10

Paragraphs 20 to 23 are repealed.

11

After paragraph 24 insert—

Computer misuse24A

An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage)4.

Domestic abuse

24B

An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship)5.

24C

An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest)6.

24D

An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner)7.

12

After paragraph 25 insert—

False statements and declarations25A

An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations)8.

13

Before paragraph 26 insert—

25B

An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public)9.

14

Paragraph 26(l), (m), (n), (o) and (p) is repealed.

15

After paragraph 27 insert—

27A

An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon)10.

16

Before paragraph 28 insert—

27B

An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)11.

17

After paragraph 28 insert—

Fraud and forgery28A

An offence under any of the following provisions of the Forgery and Counterfeiting Act 198112

a

Part 1 (forgery and kindred offences),

b

section 14 (offences of counterfeiting notes and coins),

c

section 15 (offences of passing etc. counterfeit notes and coins),

d

section 16 (offences involving custody or control of counterfeit notes and coins),

e

section 17 (offences involving the making or custody or control of counterfeiting materials and implements).

Harassment

28B

An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)13.

28C

An offence under any of the following provisions of the Protection from Harassment Act 199714

a

section 2 (offence of harassment)15,

b

section 2A (offence of stalking)16,

c

section 4 (putting people in fear of violence)17,

d

section 4A (stalking involving fear of violence or serious alarm or distress)18,

e

section 9 (breach of non-harassment order)19.

Health28D

An offence under any of the following provisions of the Health and Care Act 202220

a

section 140 (offence of virginity testing: Scotland),

b

section 141 (offence of offering to carry out virginity testing: Scotland),

c

section 142 (offence of aiding or abetting etc. a person to carry out virginity testing: Scotland),

d

section 152 (offence of carrying out hymenoplasty: Scotland),

e

section 153 (offence of offering to carry out hymenoplasty: Scotland),

f

section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).

18

After paragraph 31 insert—

31A

An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation)21.

19

After paragraph 32 insert—

32A

An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 201522

a

section 1 (offence of human trafficking),

b

section 4 (slavery, servitude, and forced or compulsory labour),

c

section 32(1) (breach of certain orders).

Insolvency32B

An offence under any of the following provisions of the Insolvency Act 198623

a

section 206 (fraud, etc. in anticipation of winding up)24,

b

section 207 (transactions in fraud of creditors),

c

section 208 (misconduct in course of winding up)25,

d

section 209 (falsification of company’s books),

e

section 210 (material omissions from statement relating to company’s affairs),

f

section 211 (false representations to creditors).

20

After paragraph 34 insert—

34A

An offence under any of the following provisions of the Dentists Act 198426

a

section 38 (prohibition on practice of dentistry by laymen)27,

b

section 39 (prohibition on use of practitioners’ titles by laymen)28.

34B

An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.)29.

34C

An offence under section 32 of the Osteopaths Act 1993 (offences)30.

34D

An offence under section 32 of the Chiropractors Act 1994 (offences)31.

34E

An offence under article 39 of the Health Professions Order 2001 (offences)32.

34F

An offence under article 44 of the Nursing and Midwifery Order 200133.

21

After paragraph 37 insert—

37A

An offence under the Official Secrets Act 192034.

37B

An offence under the Official Secrets Act 198935

Proceeds of crime and money laundering37C

An offence under any of the following provisions of the Proceeds of Crime Act 200236

a

Part 7 (money laundering), other than section 339(1A),

b

Part 8 (investigations).

22

In paragraph 38—

a

after sub-paragraph (a) insert—

aa

section 9 (permitting girl to use premises for intercourse)37;

b

the “and” immediately following sub-paragraph (b) is repealed,

c

after sub-paragraph (c) insert—

d

section 13(9) (living on the earnings of another from male prostitution)38.

23

Before paragraph 40 insert—

39A

An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants)39.

24

After paragraph 41 insert—

41A

An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography)40.

25

For paragraph 43 substitute—

43

An offence under any of the following provisions of the Sexual Offences Act 200341

a

section 67A (voyeurism: additional offences)42,

b

section 103I (breach of sexual harm prevention order or interim sexual harm prevention order)43,

c

section 113 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.)44,

d

section 122H (breach of sexual risk order or interim sexual risk order)45.

26

After paragraph 44 insert—

44A

An offence under any of the following provisions of the Sexual Offences (Scotland) Act 200946

a

section 54 (incitement to commit certain sexual acts outside Scotland)47,

b

section 54A (offences committed outside Scotland)48,

c

section 55 (offences committed outside the United Kingdom; child victims)49.

44B

An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual)50.

44C

An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 201651

a

section 2 (disclosing, or threatening to disclose, an intimate photograph or film),

b

section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),

c

section 34 (breach of sexual risk order or interim sexual risk order),

d

section 37 (breach of orders equivalent to orders in Chapters 3 and 4)52.

Solicitors44D

An offence under the Solicitors (Scotland) Act 198053.

27

Paragraph 46(a) is repealed.

28

After paragraph 46 insert—

Taxation46A

An offence under any of the following provisions of the Criminal Finances Act 201754

a

section 45(1) (failure to prevent facilitation of UK tax evasion offences),

b

section 46(1) (failure to prevent facilitation of foreign tax evasion offences).

29

In paragraph 47—

a

the “and” immediately following sub-paragraph (q) is repealed,

b

after sub-paragraph (q) insert—

qa

section 58B (entering or remaining in a designated area)55;

30

In paragraph 57—

a

for “either” substitute “any”,

b

the “or” immediately following sub-paragraph (a) is repealed,

c

after sub-paragraph (b) insert—

c

section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity)56;

d

section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).

31

After paragraph 59 insert—

59A

An offence of assault the conviction for which indicates that it resulted in any of the following—

a

disability,

b

disfigurement (permanent or otherwise),

c

impairment (permanent or otherwise).

32

In paragraphs 60 and 61, for “59” substitute “59A”.