SCHEDULES

SCHEDULE 1Consequential amendments relating to minimum sentences

Criminal Procedure (Scotland) Act 1995 (c. 46)

4(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2)In section 49(3) (reference or remit to children’s hearing), in the exception, for the words from “the circumstances” to “1968” substitute “section 51A of the Firearms Act 1968 or section 29 of the Violent Crime Reduction Act 2006 applies”.

(3)In section 207 (detention of young offenders)—

(a)after subsection (3) insert—

(3A)Subsections (2) and (3) above are subject to—

(a)section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and

(b)section 29(8) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).;

(b)after subsection (4A) insert—

(4B)Subsections (4) and (4A) above apply to the forming of an opinion under the enactments mentioned in subsection (3A) above as they apply to the forming of an opinion under subsection (3) above.

(4)In section 208 (detention of children convicted on indictment), for subsection (2) substitute—

(2)Subsection (1) above is subject to—

(a)section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and

(b)section 29(9) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).