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Crime and Disorder Act 1998
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- 1998 c. 37
- SCHEDULE 8
- Criminal Procedure (Scotland) Act 1995 (c.46)
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crime and Disorder Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 8 Crossheading Criminal-procedure-scotland-act-1995-c46:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 51-51E substituted for s. 51 by 2003 c. 44 Sch. 3 Pt. 1 para. 18
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by 2008 c. 1 s. 29
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 3A substituted for s. 57 by 2006 c. 48 s. 45
- Pt. 3A title text amended by 2009 c. 25 s. 109(3)
- s. 1B by 2002 c. 30 s. 63
- s. 1B(3A)-(3C) inserted by 2003 c. 38 s. 85(5)
- s. 1B(5) text amended by 2003 c. 38 s. 85(6)
- s. 1B(8)(9) inserted by 2008 c. 4 s. 124(6)
- s. 1F inserted by 2005 c. 15 s. 142(1)
- s. 1G 1H inserted by 2005 c. 17 s. 20(1)
- s. 1I inserted by 2005 c. 15 s. 143
- s. 1I(3)(a) text amended by 2009 c. 25 Sch. 21 para. 72(a)
- s. 1I(3)(b) text amended by 2009 c. 25 Sch. 21 para. 72(b)
- s. 1I(3)(c) repealed by 2009 c. 25 Sch. 23 Pt. 3
- s. 1I(3)(ca) inserted by 2009 c. 25 Sch. 21 para. 72(c)
- s. 1J 1K inserted by 2008 c. 4 s. 123(1)
- s. 1AA 1AB inserted by 2003 c. 44 s. 322
- s. 1AA text amended by 2008 c. 4 s. 124(1)
- s. 1AA(3)(a) text amended by 2008 c. 4 s. 124(2)
- s. 1AA(5) text amended by 2008 c. 4 s. 124(3)
- s. 1AA(9) text amended by 2004 c. 31 Sch. 5 Pt. 4
- s. 1AA(10)(a) text amended by 2004 c. 31 Sch. 5 Pt. 4
- s. 1AA(10)(b) amendment to earlier affecting provision 2003 c. 44 s. 322 by 2004 c. 31 Sch. 2 para. 8
- s. 1AB(5A) inserted by 2008 c. 4 s. 124(5)
- s. 1CA inserted by 2005 c. 15 s. 140(4)
- s. 8A inserted by 2010 c. 17 s. 41(3)
- s. 13A-13E inserted by 2005 c. 15 Sch. 10 para. 2
- s. 17A inserted by 2006 c. 48 Sch. 9 para. 5
- s. 22A inserted by 2003 asp 7 s. 83
- s. 22A repealed by 2004 asp 8 Sch. 5
- s. 39A inserted by 2009 c. 22 s. 51
- s. 50A inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 17
- s. 51A(12)(a) text amended by 2006 c. 38 Sch. 1 para. 5 Sch. 5
- s. 51A(12)(c) and word inserted by 2006 c. 38 Sch. 1 para. 5
- s. 51B(9)(c) substituted for s. 51B(9)(c)(d) by 2005 c. 11 Sch. 4 para. 69
- s. 51C(3)(e) modified by 2007 c. 27 Sch. 6 para. 36
- s. 52A 52B inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 19(1)
- s. 57A(1)(a) text amended by 2009 c. 25 s. 109(2)(a)(i)
- s. 57A(1)(b) text amended by 2009 c. 25 s. 109(2)(a)(ii)
- s. 57A(3) inserted by 2009 c. 25 s. 109(2)(b)
- s. 57B(7) added by 2009 c. 25 s. 106(2)
- s. 57C(6A) inserted by 2009 c. 25 s. 106(3)(a)
- s. 57C(7) repealed by 2009 c. 25 s. 106(3)(b) Sch. 23 Pt. 3
- s. 57C(8) text amended by 2009 c. 25 s. 106(3)(c) Sch. 23 Pt. 3
- s. 57C(9)(a) and word repealed by 2009 c. 25 s. 106(3)(d) Sch. 23 Pt. 3
- s. 57D(2)(b) repealed by 2009 c. 25 s. 106(4)(a)(i) Sch. 23 Pt. 3
- s. 57D(2)(c) text amended by 2009 c. 25 s. 106(4)(a)(ii)
- s. 57D(3)(a) and word repealed by 2009 c. 25 s. 106(4)(b) Sch. 23 Pt. 3
- s. 57E applied by 2005 c. 15 s. 75A (as inserted) by 2006 c. 48 Sch. 14 para. 62
- s. 57E(5)(a) and word repealed by 2009 c. 25 s. 106(5)(a) Sch. 23 Pt. 3
- s. 57E(7)(a) and word repealed by 2009 c. 25 s. 106(7)(a) Sch. 23 Pt. 3
- s. 57F inserted by 2009 c. 25 s. 109(1)
- s. 66A-66H inserted by 2008 c. 4 Sch. 9 para. 3
Commencement Orders yet to be applied to the Crime and Disorder Act 1998:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/525 art. 2 commences (2002 c. 30)
- S.I. 2003/708 art. 2 commences (2001 c. 16)
- S.I. 2003/808 art. 2 commences (2002 c. 30)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2003/3300 art. 2-4 commences (2003 c. 38)
- S.I. 2004/81 art. 2-5 commences (2003 c. 44)
- S.I. 2004/119 art. 2 commences (2002 c. 30)
- S.I. 2004/690 art. 2-4 commences (2003 c. 38)
- S.I. 2004/829 art. 2-4 commences (2003 c. 44)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/913 art. 2 3 commences (2002 c. 30)
- S.I. 2004/999 art. 2 commences (2003 c. 38)
- S.I. 2004/1572 art. 2 3 commences (2003 c. 20)
- S.I. 2004/2168 art. 2-5 commences (2003 c. 38)
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2004/3033 art. 2-4 commences (2003 c. 44)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/835 art. 2 amendment to earlier commencing SI 2004/2168 art. 4(1)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2006/1278 art. 2 commences (2003 c. 38)
- S.I. 2006/1835 art. 2 commences (2003 c. 44)
- S.I. 2006/1871 art. 2 commences (2005 c. 15)
- S.I. 2006/2136 art. 2 commences (2005 c. 17)
- S.I. 2006/2491 art. 2 commences (2006 c. 9)
- S.I. 2006/3364 art. 2 commences (2006 c. 48)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2007/858 art. 2 3 commences (2006 c. 38)
- S.I. 2007/1614 art. 2 3 commences (2006 c. 48)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/3001 art. 2 commences (2007 c. 21)
- S.I. 2007/3073 art. 2 commences (2006 c. 48)
- S.I. 2007/3251 art. 2 commences (2006 c. 48)
- S.I. 2008/504 art. 2-4 commences (2007 c. 21)
- S.I. 2008/791 art. 2 3 commences (2006 c. 38)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2785 art. 2 3 commences (2006 c. 48)
- S.I. 2009/140 art. 2 commences (2008 c. 4)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/936 art. 2 commences (2006 c. 48)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2616 art. 2 commences (2004 c. 28)
- S.I. 2009/2780 art. 2 commences (2008 c. 4)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2009/3253 art. 2 3 commences (2009 c. 25)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.I. 2011/1452 art. 2 commences (2009 c. 25)
- S.I. 2011/2144 art. 2 commences (2006 c. 48)
- S.I. 2011/2148 art. 2 commences (2009 c. 25)
- S.I. 2011/3016 art. 2 commences (2010 c. 7)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2003/288 art. 2 Sch. commences (2003 asp 7)
- S.S.I. 2004/420 art. 2-4 commences (2004 asp 8)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
Criminal Procedure (Scotland) Act 1995 (c.46)S
117(1)For section 18(3) of the 1995 Act (prints and samples) there shall be substituted the following subsection—S
“(3)Subject to subsection (4) below, all record of any relevant physical data taken from or provided by a person under subsection (2) above, all samples taken under subsection (6) below and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 246(3) of this Act.”
(2)The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 August 1997.
118In subsection (3) of section 49 of the 1995 Act (references to children’s hearings), in paragraph (b), after the words “the sheriff” there shall be inserted the words “ or district ”.S
Annotations:
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.
Commencement Information
I1Sch. 8 para. 118 wholly in force; Sch. 8 para. 118 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)
119In section 106(1)(bb) of the 1995 Act (appeals against automatic sentences), which is prospectively inserted by section 18(1) of the M1Crime and Punishment (Scotland) Act 1997, for the words “205B(3) or 209(1A)” there shall be substituted the words “ or 205B(3) ”.S
Annotations:
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.
Commencement Information
I2Sch. 8 para. 119 wholly in force; Sch. 8 para. 119 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)
Marginal Citations
120In section 108A of the 1995 Act (prosecutor’s right of appeal against refusal to impose automatic sentence), which is prospectively inserted by section 18(2) of the M2Crime and Punishment (Scotland) Act 1997, for the words “205B(3) or 209(1A)” there shall be substituted the words “ or 205B(3) ”.S
Annotations:
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.
Commencement Information
I3Sch. 8 para. 120 wholly in force; Sch. 8 para. 120 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)
Marginal Citations
121In section 118(4A) of the 1995 Act (disposal of appeals), which is prospectively inserted by section 18(5) of the M3Crime and Punishment (Scotland) Act 1997, in paragraph (c), sub-paragraph (iii) shall cease to have effect.S
Annotations:
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.
Commencement Information
I4Sch. 8 para. 121 wholly in force; Sch. 8 para. 121 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)
Marginal Citations
122In section 167 of the 1995 Act (findings and sentences in summary proceedings), in subsection (7), at the beginning there shall be inserted the words “ Subject to section 204A of this Act, ”.S
Annotations:
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.
Commencement Information
I5Sch. 8 para. 122 wholly in force; Sch. 8 para. 122 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)
123In subsection (5C) of section 175 of the 1995 Act (right of appeal in summary proceedings), the words “paragraph (a) of” shall be omitted.S
Annotations:
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.
Commencement Information
I6Sch. 8 para. 123 wholly in force; Sch. 8 para. 123 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)
124In subsection (1) of section 307 of the 1995 Act (interpretation), in the definition of “officer of law”—S
(a)after paragraph (b) there shall be inserted the following paragraph—
“(ba)any person commissioned by the Commissioners of Customs and Excise;”; and
(b)in paragraph (e), for the words “class or persons” there shall be substituted the words “ class of persons ”.
Annotations:
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.
Commencement Information
I7Sch. 8 para. 124 wholly in force; Sch. 8 para. 124 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1)(2) (subject to savings in arts. 5-8)
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