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Part 3SPenalties

Sentencing powersS

44Particular statutory offencesS

(1)In section 41 (assaults on constables, etc.) of the Police (Scotland) Act 1967 (c. 77), in subsection (1), for the word “nine” there is substituted “ 12 ”.

(2)In section 26A (enforcement of wildlife legislation) of the Wildlife and Countryside Act 1981 (c. 69), for the words from “as amended” to “97/62/EC” there is substituted “ (that is, the Directive as amended from time to time by any other [F1EU] instrument or otherwise) ”.

(3)In section 37 (offences) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)—

(a)in subsection (4), for the words from “(a “relevant offence”)” to the end there is substituted “ shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or to both. ”,

(b)subsection (5) is repealed.

(4)In section 6 (penalties) of the Emergency Workers (Scotland) Act 2005 (asp 2)—

(a)for the word “9” there is substituted “ 12 ”,

(b)for the words “level 5 on the standard scale” there is substituted “ the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46) ”.

(5)In section 39 (assaulting or impeding employees discharging certain functions) of the Fire (Scotland) Act 2005 (asp 5), in subsection (4)—

(a)for the word “9” there is substituted “ 12 ”,

(b)after the word “scale” there is added “ or to both ”.

(6)This section does not affect the penalty for an offence committed before the coming into force of this section.

Textual Amendments

Commencement Information

I1S. 44 wholly in force at 10.12.2007; s. 44 not in force at Royal Assent, see s. 84; s. 44(2) in force at 23.4.2007 by S.S.I. 2007/250, art. 3; s. 44 otherwise in force at 10.12.2007 by S.S.I. 2007/479, art. 3, Sch.