Criminal Procedure (Scotland) Act 1995
217.Paragraphs 13 to 26 make amendments to the Criminal Procedure Act consequential upon the repeal of PoCSA (effected by paragraph 42). These provisions in the Criminal Procedure Act were inserted by PoCSA and make provision relating to appeals against a court’s decision to refer an individual to the Scottish Ministers for listing. The Act has changed the court’s powers and duties to make such referrals. In addition the Scottish Ministers are also no longer obliged to list a person who is the subject of a court referral but at most to consider whether it is appropriate to list them. An appeal against any subsequent listing decision is provided for by section 21 or 22 of the Act. Consequently these provisions of the Criminal Procedure Act are no longer required.
