http://www.legislation.gov.uk/asp/2003/7/section/21/2017-09-15Criminal Justice (Scotland) Act 2003An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.texttext/xmlenStatute Law Database2025-07-21Expert Participation2017-09-15 Part 3 Sexual offences <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>Sexual and certain other offences: reports211This section applies to any case where a person is convicted of—aa sexual offence (as defined in section 210A(10) of the 1995 Act); orban offence the nature and circumstances of which disclose, in the opinion of the court, that there was a significant sexual aspect to the person’s behaviour in committing it.2In a case to which this section applies, the court must, before passing sentence—aobtain from a relevant officer a report concerning the person’s circumstances and character; andbif the conviction is on indictment, obtain from a registered psychologist (that is to say from a person for the time being registered in the part of the register maintained under the Health and Social Work Professions Order 2001 that relates to practitioner psychologists) a psychological assessment of the person,and it must also take into account any information before it concerning the person’s physical and mental condition.3The Scottish Ministers may by order amend paragraph (b) of subsection (2) by adding, to the persons for the time being specified there as persons from one of whom a psychological assessment is to be obtained, such description of psychologist as they think fit.4Where in a case to which this section applies the person is tried, the presiding judge is, as soon as is reasonably practicable, to prepare a report in writing, in such form as may be prescribed by Act of Adjournal—aas to the facts established by the evidence; andbcontaining such other information as the judge considers appropriate.5Where a case to which this section applies does not proceed to trial (or does not proceed to trial as respects part of the complaint or indictment) because a plea of guilty to the complaint, indictment or part in question is accepted by the prosecutor, the narration by the prosecutor, at the diet at which the plea is tendered, of the facts of the case is to be recorded by means of shorthand notes or by mechanical means as is anything said by or on behalf of the person in relation to those facts.6Subsections (2) to (4) of section 93 of the 1995 Act (certification etc. of notes or record) shall apply in relation to a record made under subsection (5) as they apply in relation to one made under subsection (1) of that section.7The Scottish Ministers may by order amend subsections (5) and (6) so as to provide for a record so made to be made by such other means as they think fit.8A copy of any report prepared under subsection (4) or a transcript of any record made under subsection (5) is to be sent to—athe officer from whom a report is sought under paragraph (a) of subsection (2) when written intimation of the requirement for the report is first given to that officer; andbany psychologist from whom an assessment is sought under paragraph (b) of that subsection when such intimation of the requirement for that assessment is first given to that psychologist.9In relation to a case to which this section applies, subsection (3) of section 201 of the 1995 Act (limitation as respects power of court to adjourn case before sentence) shall have effect as if for the words “four weeks” there were substituted “ six weeks ”.10In that subsection, at the beginning, there is inserted “ Subject to section 21(9) of the Criminal Justice (Scotland) Act 2003 (asp 7), ”.11In subsection (2)(a), “relevant officer” means an officer—aof the local authority for the area within which the convicted person resides; andbemployed by them in the discharge of their functions under section 27(1) (supervision and care of persons put on probation or released from prison etc.) or 27AA (advice, guidance and assistance to persons arrested or on whom sentence deferred) of the Social Work (Scotland) Act 1968 (c. 49).S. 21 partly in force; s. 21 not in force at Royal Assent, see s. 89(2); s. 21(1)-(8)(11) in force for specified purposes at 3.11.2003 by S.S.I. 2003/475, art. 2, Sch.; s. 21(9)(10) in force at 10.6.2004 by S.S.I. 2004/240, art. 2(1)Words in s. 21(2)(b) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), arts. 1(9), 4(2), Sch. 5 para. 11; S.I. 2009/1357, art. 2(1)(d)Words in s. 21(9) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 141(1), Sch. 6 para. 49; S.I. 2004/874, art. 2Words in s. 21(2)(b) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 213(8)(c), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)