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Criminal Procedure (Scotland) Act 1975

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1(1)The M1Misuse of Drugs Act 1971 shall be amended as follows—S

(a) . . . F1

(b)in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in subparagraph (2)(b) below, for “6 months or £200, or both” there shall be substituted “3 months or [F2level 4 on the standard scale] or both”; and

(c)in the entry in Schedule 4 relating to section 5(2)—

(i)for “6 months or £400, or both” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “3 months or [F2level 4 on the standard scale], or both”; and

(ii)for “6 months or £200, or both” (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted “3 months or [F2level 3 on the standard scale], or both”.

(2)The offences to which (as provided in section 289B(7) above) section 289B(1) above does not apply are—

(a)offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;

(b)offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i)section 4(2) (production, or being concerned in the production, of a controlled drug);

(ii)section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii)section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv)section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v)section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or

(vi)section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs);

(c) . . . F3

(3)In this paragraph “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the M2Misuse of Drugs Act 1971.

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Amendments (Textual)

F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) 1984/703, (N.I. 13), art. 5

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