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Criminal Justice and Public Order Act 1994

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Criminal Justice and Public Order Act 1994, Part 2 is up to date with all changes known to be in force on or before 24 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Part 2E+W+S+N.I.Offences under the law of Scotland

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 7A inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 15; S.I. 2018/227, art. 2(g)

26Any of the following offences at common law—E+W+S+N.I.

(a)culpable homicide;

(b)treason;

(c)rape;

(d)assault, where the assault results in serious injury or endangers life;

(e)assault with intent to rape or ravish;

(f)indecent assault;

(g)abduction with intent to rape;

(h)public indecency;

(i)clandestine injury to women;

(j)lewd, indecent or libidinous behaviour or practices;

(k)sodomy, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;

(l)abduction;

(m)mobbing;

(n)fire-raising;

(o)robbery;

(p)fraud;

(q)extortion;

(r)embezzlement;

(s)theft;

(t)threats;

(u)attempting to pervert the course of justice.

27An offence under any of the following provisions of the Firearms Act 1968—E+W+S+N.I.

(a)section 1(1) (possession etc of firearms or ammunition without certificate);

(b)section 2(1) (possession etc of shot gun without certificate);

(c)section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).

28An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).E+W+S+N.I.

29(1)An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section.E+W+S+N.I.

(2)An offence under section 68(2) of that Act (exportation of prohibited or restricted goods).

(3)An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.

30An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).E+W+S+N.I.

31An offence under either of the following provisions of the Civic Government (Scotland) Act 1982—E+W+S+N.I.

(a)section 51(2) (publication etc of obscene material);

(b)section 52 (taking, distributing etc indecent photographs of children).

32An offence under section 6 of the Child Abduction Act 1984 (parent etc. taking or sending a child out of the United Kingdom).E+W+S+N.I.

33An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).E+W+S+N.I.

34An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).E+W+S+N.I.

35An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VATetc).E+W+S+N.I.

36An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—E+W+S+N.I.

(a)section 7 (procuring prostitution etc);

(b)section 8(3) (unlawful detention of women and girls);

(c)section 10 (parents etc encouraging girls under 16 to engage in prostitution etc);

(d)section 11(1)(b) (males soliciting etc for immoral purposes).

37An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).E+W+S+N.I.

38An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).E+W+S+N.I.

39An offence under section 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (persons providing care services: sexual offences).E+W+S+N.I.

40An offence under either of the following provisions of the Terrorism Act 2006—E+W+S+N.I.

(a)section 1 (encouragement of terrorism);

(b)section 2 (dissemination of terrorist publications).

41Any of the following offences under the Sexual Offences (Scotland) Act 2009—E+W+S+N.I.

(a)section 8 (sexual exposure);

(b)section 9 (voyeurism);

(c)section 11 (administering a substance for sexual purposes);

(d)section 32 (causing an older child to be present during a sexual activity);

(e)section 33 (causing an older child to look at a sexual image);

(f)section 34(1) (communicating indecently with an older child);

(g)section 34(2) (causing an older child to see or hear an indecent communication);

(h)section 35 (sexual exposure to an older child);

(i)section 36 (voyeurism towards an older child);

(j)section 42 (sexual abuse of trust);

(k)section 46 (sexual abuse of trust of a mentally disordered person).

42An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—E+W+S+N.I.

(a)section 38 (threatening or abusive behaviour);

(b)section 39 (stalking).

43An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing etc an intimate photograph or film).]E+W+S+N.I.

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