Criminal Justice (Scotland) Act 2003 Explanatory Notes

1. Introduction

2. The Act

   1. Part 1 – Protection of the Public at Large

      1. Risk assessment and order for lifelong restriction; Disposal in case of insanity

         1. Sections 1 and 2 and schedule 1 – Risk assessment and order for lifelong restriction; Disposal of case where accused found to be insane

         2. Section 2 – Disposal of case where accused found to be insane

      2. The Risk Management Authority

         1. Sections 3 to 13 and schedule 2 – The Risk Management Authority

         2. Section 3 – The Risk Management Authority

         3. Section 4 – Policy and research

         4. Section 5 – Guidelines and standards

         5. Sections 6 to 9 – Risk management plans: preparation, further provision, implementation and review

         6. Section 10 – Grants to local authorities in connection with risk management plans

         7. Section 11 - Accreditation, education and training

         8. Section 12 – Functions: supplementary

         9. Section 13 – Accounts and annual reports

   2. Part 2 – Victims’ Rights

      1. Section 14 – Victim statements

      2. Section 15:  Prohibition of personal conduct of defence in proofs ordered in relation to victim statements in cases of certain sexual offences

      3. Section 16: Victim’s right to receive information concerning release etc. of offender

      4. Section 17: Release on licence: right of victim to receive information and make representations

      5. Section 18: Disclosure of certain information relating to victims of crime

   3. Part 3 – Sexual Offences Etc.

      1. Section 19 – Amendments in relation to certain serious and sexual offences

      2. Section 20 – Extended sentences

      3. Section 21 – Sexual and certain other offences: reports

      4. Section 22 – Traffic in prostitution

   4. Part 4 – Prisoners

      1. Custody and temporary detention

         1. Section 23 – Remand and committal of children and young persons

         2. Section 24 - Legal custody

         3. Section 25 – Temporary detention of person being returned to prison in England and Wales etc.

      2. Consecutive sentences

         1. Section 26 – Consecutive sentences: life prisoners etc.

      3. Release of prisoners

         1. Section 27 – Release on licence etc. under 1989 Act

         2. Section 28 – Release on licence etc. under 1993 Act

         3. Section 29 – Release on licence: life prisoners

         4. Section 30 - Release on licence: certain consecutive sentences

         5. Section 31 - Release: Prisoners serving extended sentences

         6. Section 32 – Release etc. under 1993 Act of prisoner serving consecutive or concurrent offence and non-offence terms

         7. Section 33 – Prisoners repatriated to Scotland

         8. Section 34 – Suspension of conditions and revocation of licences under 1989 Act

         9. Section 35 – Suspension of licence conditions under 1993 Act

         10. Section 36 – Revocation of licences under 1993 Act

         11. Section 37 – Extended sentences: recall to prison and revocation of licences

         12. Section 38 – Special provision in relation to children

         13. Section 39 - Convention rights of certain life prisoners

      4. Monitoring on release

         1. Section 40 – Remote monitoring of released prisoners

      5. Parole Board to have regard to risk management plans

         1. Section 41 – Parole Board to have regard to risk management plans

   5. Part 5 – Drugs Courts

      1. Section 42 – Drugs courts

   6. Part 6 – Non-Custodial Punishments

      1. Section 43 – Restriction of liberty orders

      2. Section 44 – Interim anti-social behaviour orders

      3. Section 45 - Application by registered social landlord for anti-social behaviour order

      4. Sections 46 and 47 – Requirement for remote monitoring in probation order and requirement for remote monitoring in drug treatment and testing order

      5. Section 48 – Breach of certain orders: adjourning hearing and remanding in custody etc

      6. Section 49 – Power of arrest where breach of non-harassment order

      7. Section 50 – Amendments in relation to certain non-custodial sentences

   7. Part 7 – Children

      1. Section 51 – Physical punishment of children

      2. Section 52 – Prohibition of publication of proceedings at children’s hearings etc

      3. Section 53 – Provision by Principal Reporter of information to victims

   8. Part 8 – Evidential, Jurisdictional and Procedural Matters

      1. Section 54 – Certificates relating to physical data: sufficiency of evidence

      2. Section 55 – Taking samples by swabbing

      3. Section 56 – Retaining samples or relevant physical data where given voluntarily

      4. Section 57 - Convictions in other Member States of the European Union

      5. Section 58 – Transfer of sheriff court proceedings

      6. Section 59 – Competence of the justice’s acting outwith jurisdiction

      7. Section 60 – Unified citation provisions

      8. Section 61 – Citation other than by service of indictment or complaint

      9. Section 62 - Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

      10.  Section 63 – Adjournment at first diet in summary proceedings

      11. Section 64 – Review hearing of drug treatment and testing order

      12. Section 65 - Transcript of record

      13. Section 66 - Bail and Related matters

      14. Section 67 – Adjournment of case before sentence

   9. Part 9 – Bribery and Corruption

      1. Sections 68 and 69 – Bribery and corruption: foreign officers etc.; Bribery and corruption committed outwith the UK

   10. Part 10 – Criminal Records

       1. Section 70 – Registration for criminal record purposes

   11. Part 11 – Local Authority Functions

       1. Section 71 and 72 – Advice, guidance and assistance to persons arrested or on whom sentence deferred; Grants to local authorities discharging certain functions jointly

   12. Part 12 – Miscellaneous and General

       1. Miscellaneous

          1. Section 73 – Public defence

          2. Section 74 – Offences aggravated by religious prejudice

          3. Section 75 – Reintroduction of ranks of deputy chief constable and chief superintendent

          4. Section 76 – Police custody and security officers

          5. Section 77, schedule 3 and that part of schedule 5 relating to the Wildlife and Countryside Act 1981: Wildlife Offences

          6. Schedule 5

          7. Section 78 – Disqualification from jury service

          8. Section 79 – Separation of jury after retiral

          9. Section 80 – Television link from court to prison or other place of detention

          10. Section 81 – Warrants issued in Northern Ireland for search of premises in Scotland

          11. Section 82 - Use of electronic communication or electronic storage in connection with warrants to search

          12. Section 83 – Anti-Social Behaviour Strategies