Scottish Elections (Representation and Reform) Act 2025

Schedule Offences for the purposes of Part 2

(introduced by section 8)

Part 1 Solemn procedure

1 An offence tried on indictment.

Part 2 Summary procedure

Chapter 1 Common law offences

2 Kidnapping.

3 Abduction.

4 Assault to the danger of life.

5 Assault to severe injury.

6 Assault with intent to rape or ravish.

7 Assault other than a kind listed in paragraphs 4 to 6.

8 Breach of the peace.

9 Culpable homicide.

10 Culpable and reckless conduct.

11 Culpable and reckless endangering of the public.

12 Culpable and reckless fire-raising.

13 Drugging.

14 Extortion.

15 Malicious mischief.

16 Mobbing and rioting.

17 Uttering threats.

18 Wilful fire-raising.

Chapter 2 Statutory offences

Explosive Substances Act 1883

19 An offence under either of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property),

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

Criminal Law Act 1977

20 An offence under section 51 (bomb hoaxes) of the Criminal Law Act 1977.

Taking of Hostages Act 1982

21 An offence under section 1 of the Taking of Hostages Act 1982 (hostage taking).

Rent (Scotland) Act 1984

22 An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

Public Order Act 1986

23 An offence under any of the following provisions of the Public Order Act 1986—

(a) section 18 (racial hatred: use of words or behaviour or display of written material),

(b) section 19 (racial hatred: publishing or distributing written material),

(c) section 20 (racial hatred: public performance of play),

(d) section 21 (racial hatred: distributing, showing or playing a recording),

(e) section 22 (racial hatred: broadcasting or including programme in programme service).

Criminal Justice Act 1988

24 An offence under section 134 (torture) of the Criminal Justice Act 1988.

Trade Union and Labour Relations (Consolidation) Act 1992

25 An offence under section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance by violence or otherwise).

Criminal Law (Consolidation) (Scotland) Act 1995

26 An offence under either of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 50A (racially aggravated harassment),

(b) section 52 (vandalism).

Communications Act 2003

27 An offence under section 127 of the Communications Act 2003 (improper use of public electronic communications network).

Sexual Offences (Scotland) Act 2009

28 An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(a) section 2 (sexual assault by penetration),

(b) section 3 (sexual assault),

(c) section 8 (sexual exposure).

Criminal Justice and Licensing (Scotland) Act 2010

29 An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a) section 38 (threatening or abusive behaviour),

(b) section 39 (stalking).

Hate Crime and Public Order (Scotland) Act 2021

30 An offence under either of the following provisions of the Hate Crime and Public Order (Scotland) Act 2021—

(a) section 3 (racially aggravated harassment),

(b) section 4 (offences of stirring up hatred).

Part 3 Other

Inchoate offences

31 An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 30 of this schedule.

32 An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 30 of this schedule.

Superseded offences

33 An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 30 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).