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Criminal Justice and Licensing (Scotland) Act 2010
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- Acts of the Scottish Parliament
- 2010 asp 13
- PART 4
- Section 92
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Criminal Justice and Licensing (Scotland) Act 2010, Section 92 is up to date with all changes known to be in force on or before 24 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 92:
- s. 117(1)(c) and word inserted by 2025 asp 14 s. 11(8)(a)(ii)
- s. 121(1)(ba) inserted by 2025 asp 14 s. 11(10)(a)(ii)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 117(1)(c) and word inserted by 2025 asp 14 s. 11(8)(a)(ii)
- s. 121(1)(ba) inserted by 2025 asp 14 s. 11(10)(a)(ii)
Prospective
92European evidence warrantsS
This section has no associated Explanatory Notes
(1)The Scottish Ministers may by order make provision for the purposes of and in connection with implementing any obligations of the United Kingdom created by or arising under the Framework Decision (so far as they have effect in or as regards Scotland).
(2)The provision may, in particular, confer functions—
(a)on the Scottish Ministers,
(b)on the Lord Advocate,
(c)on other persons.
(3)An order under subsection (1) may modify any enactment.
(4)An order under subsection (1) may contain provision creating offences and a person who commits such an offence is liable to such penalties, not exceeding those mentioned in subsection (5), as are provided for in the order.
(5)Those penalties are—
(a)on conviction on indictment, imprisonment for a period not exceeding 2 years, or a fine, or both,
(b)on summary conviction, imprisonment for a period not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.
(6)In this section, the “Framework Decision” means Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters.
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