Chwilio Deddfwriaeth

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011

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Article 2

SCHEDULE

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(date of commencement)

Column 4

(purpose)

Section 15Non-harassment orders28th March 2011For all purposes where the misconduct complained of occurred on or after the date specified in column 3
Section 19Early removal of certain short-term prisoners from the United Kingdom28th March 2011
Section 22Pre-sentencing reports about organisations28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 24(1), (2) and (3)Effect of probation and absolute discharge28th March 2011
Section 24(4) and (5)Effect of probation and absolute discharge28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 27Mutual recognition of judgments and probation decisions28th March 2011
Section 32Genocide, crimes against humanity and war crimes: UK residents28th March 2011
Section 33Genocide, crimes against humanity and war crimes: retrospective application28th March 2011
Section 35(1) (but only in relation to subsections (2) and (3)) and (2) and (3)Sale and hire of crossbows to persons under 1828th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 35(1) (but only in relation to subsection (4)) and (4)Sale and hire of crossbows to persons under 1828th March 2011
Section 36(1) (but only in relation to subsections (2) and (3)) and (2) and (3)Sale and hire of knives and certain other articles to persons under 1828th March 2011
Section 36(1) (but only in relation to subsection (4)) and (4)Sale and hire of knives and certain other articles to persons under 1828th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 42(1)Extreme pornography28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 42(2) and (3)Extreme pornography28th March 2011
Section 46People trafficking28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 47Slavery, servitude and forced or compulsory labour28th March 2011
Section 48Alternative charges for fraud and embezzlement28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 49Articles for use in fraud28th March 2011
Section 50Conspiracy to commit offences outwith Scotland28th March 2011For all purposes in respect of acts done by a person in Scotland on or after the date specified in column 3 which would amount to conspiracy to commit an offence
Section 51Abolition of offences of sedition and leasing-making28th March 2011
Section 52Prosecution of children28th March 2011
Section 53Offences: liability of partners28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 54Witness statements6th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 55Breach of undertaking28th March 2011For all purposes in respect of any breach of undertaking committed on or after the date specified in column 3
Section 57Bail review applications28th March 2011For all purposes in respect of any applications under section 30(2) of the 1995 Act received on or after the date specified in column 3
Section 58Bail condition for identification procedures etc.28th March 2011For all purposes where the court grants bail to a person on or after the date specified in column 3
Section 61Transfer of justice of the peace court cases28th March 2011
Section 62Additional charge where bail etc. breached28th March 2011For all purposes in respect of any breach of bail committed on or after the date specified in column 3
Section 65Meaning of “organisation”28th March 2011For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a)

in summary proceedings, on the date of the first calling of the case; and

(b)

in solemn cases, on the date on whichever of the following first occurs:—

(i)

the grant of a warrant to arrest and commit;

(ii)

the intimation of a petition; or

(iii)

the service of an indictment

Section 66Proceedings on indictment against organisations28th March 2011For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a)

in summary proceedings, on the date of the first calling of the case; and

(b)

in solemn cases, on the date on whichever of the following first occurs:—

(i)

the grant of a warrant to arrest and commit;

(ii)

the intimation of a petition; or

(iii)

the service of an indictment

Section 67Prosecution of organisations by summary procedure28th March 2011For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a)

in summary proceedings, on the date of the first calling of the case; and

(b)

in solemn cases, on the date on whichever of the following first occurs:—

(i)

the grant of a warrant to arrest and commit;

(ii)

the intimation of a petition; or

(iii)

the service of an indictment

Section 68Manner of citation of organisations in summary proceedings28th March 2011For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a)

in summary proceedings, on the date of the first calling of the case; and

(b)

in solemn cases, on the date on whichever of the following first occurs:—

(i)

the grant of a warrant to arrest and commit;

(ii)

the intimation of a petition; or

(iii)

the service of an indictment

Section 69Prohibition of personal conduct of case by accused in certain proceedings28th March 2011For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 70Disclosure of convictions and non-court disposals28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 72Time limits for lodging certain appeals28th March 2011
Section 73Submissions as to sufficiency of evidence28th March 2011For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 74Prosecutor’s right of appeal28th March 2011For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 75Power of High Court in appeal under section 107A of 1995 Act28th March 2011
Section 76Further amendment of 1995 Act28th March 2011For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn
Section 77(1)Retention of samples etc.28th March 2011For the purposes of amending sections 18(3) and 18A of the 1995 Act
Section 77(1) (in so far as not already in force)Retention of samples etc.1st August 2011
Section 77(2)(a) and (3)Retention of samples etc.28th March 2011
Section 77(2)(b) and (c)Retention of samples etc.1st August 2011
Section 78Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted28th March 2011
Section 79Retention of samples etc. taken or provided in connection with certain fixed penalty offences28th March 2011
Section 80 (in so far as not already in force)Retention of samples etc. from children referred to children’s hearings15th April 2011
Section 81Extension of section 19A of 1995 Act28th March 2011
Section 82Use of samples etc.1st August 2011
Section 84Admissibility of prior statements of witnesses: abolition of competence test28th March 2011
Section 85Witness statements: use during trial6th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 86Spouse or civil partner of accused a compellable witness28th March 2011For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—
(a)

in summary proceedings, on the date of the first calling of the case; and

(b)

in solemn cases, on the date on whichever of the following first occurs:—

(i)

the grant of a warrant to arrest and commit;

(ii)

the intimation of a petition; or

(iii)

the service of an indictment

Section 87Special measures for child witnesses and other vulnerable witnesses28th March 2011For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 88Child witnesses in proceedings for people trafficking offences28th March 2011For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 89Amendment of Criminal Justice (Scotland) Act 200328th March 2011
Section 90Witness anonymity orders28th March 2011
Section 91Television link evidence28th March 2011For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal
Section 102(1)Sex offender notification requirements28th March 2011For the purposes of amending sections 86, 87, 96 and 138 of the 2003 Act and commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act
Section 102(2)Sex offender notification requirements28th March 2011Only for the purpose of commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act
Section 102(3) to (6)Sex offender notification requirements28th March 2011
Section 106Grant of authorisations for surveillance28th March 2011
Section 107Authorisations to interfere with property etc.28th March 2011
Section 115Compensation orders28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 116Meaning of “information”6th June 2011
Section 117Provision of information to prosecutor: solemn cases6th June 2011For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 118Continuing duty to provide information: solemn cases6th June 2011For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 119Provision of information to prosecutor: summary cases6th June 2011For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 120Continuing duty of investigating agency: summary cases6th June 2011For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 121Prosecutor’s duty to disclose information6th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 122Disclosure of other information: solemn cases6th June 2011For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 123(1), (2), (5) and (6)Continuing duty of prosecutor6th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 123(3) and (4)Continuing duty of prosecutor6th June 2011For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 124Defence statements: solemn proceedings6th June 2011For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3
Section 125Defence statements: summary proceedings6th June 2011For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 126Change in circumstances following lodging of defence statement: summary proceedings6th June 2011For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3
Section 127Sections 121 to 126: no need to disclose same information more than once6th June 2011

For all purposes in respect of criminal proceedings in which—

(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 128Application by accused for ruling on disclosure6th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 129Review of ruling under section 1286th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 130Appeals against rulings under section 1286th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 131Effect of guilty plea6th June 2011For all purposes in respect of criminal proceedings in which—
(a)

the first appearance of the accused; or

(b)

the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3
Section 132Sections 133 to 140: interpretation6th June 2011For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 133Duty to disclose after conclusion of proceedings at first instance6th June 2011For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 134Continuing duty of prosecutor6th June 2011For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 135Application to prosecutor for further disclosure6th June 2011For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 136Further duty of prosecutor: conviction upheld on appeal6th June 2011For all purposes in respect of appellate proceedings, as concluded, which arose in respect of earlier proceedings
Section 137Further duty of prosecutor: convicted persons6th June 2011For all purposes in respect of criminal proceedings, as concluded, in which the first appearance of the accused or the recording of a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column 3
Section 138Further duty of prosecutor: appeal against acquittal6th June 2011For all purposes in respect of appellate proceedings, in respect of which section 138 makes provision, arising out of proceedings in which the first appearance of the accused is, or the recording of a plea of not guilty against an accused charged on summary complaint is, on or after the date specified in column 3
Section 139Application by appellant for ruling on disclosure6th June 2011For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 140Review of ruling under section 1396th June 2011For all purposes in respect of appellate proceedings arising out of earlier proceedings
Section 141Application for section 145 order6th June 2011
Section 142Application for non-notification order or exclusion order6th June 2011
Section 143Application for non-notification order and exclusion order6th June 2011
Section 144Application for exclusion order6th June 2011
Section 145Application for section 145 order: determination6th June 2011
Section 146Order preventing or restricting disclosure: application by Secretary of State6th June 2011
Section 147Application for ancillary orders: Secretary of State6th June 2011
Section 148Application for restricted notification order and non-attendance order6th June 2011
Section 149Application for non-attendance order6th June 2011
Section 150Special counsel6th June 2011
Section 151Persons eligible for appointment as special counsel6th June 2011
Section 152Role of special counsel6th June 2011
Section 153Appeals6th June 2011
Section 154Prohibition on disclosure pending determination of certain appeals6th June 2011
Section 155Review of section 145 order6th June 2011
Section 156Review of section 146 order6th June 2011
Section 157Review by court of section 145 and 146 orders6th June 2011
Section 158Applications and reviews: general provisions6th June 2011
Section 159Exemptions from disclosure6th June 2011
Section 160Means of disclosure6th June 2011
Section 161Redaction of non-disclosable information by prosecutor6th June 2011
Section 162Confidentiality of disclosed information6th June 2011
Section 163Contravention of section 1626th June 2011
Section 164Code of practice6th June 2011
Section 165Acts of Adjournal6th June 2011
Section 166Abolition of common law rules about disclosure6th June 2011

For all purposes in respect of—

(a)

criminal proceedings in which—

(i)

the first appearance of the accused; or

(ii)

a plea of not guilty is recorded against an accused charged on summary complaint,

is on or after the date specified in column 3;
(b)

appellate proceedings arising out of criminal proceedings mentioned in paragraph (a).

Section 167Interpretation of Part 66th June 2011
Section 172(1) to (3),(4)(a), (5) and (6)Conditions to which licences under 1982 Act are to be subject28th March 2011For all purposes in respect of licence applications under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3
Section 175Licensing of street trading: food hygiene certificates28th March 2011For all purposes in respect of applications for a street traders licence under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3
Section 176Licensing of public entertainment1st April 2012
Section 177Licensing of late night catering1st October 2012
Section 186Premises licence applications: food hygiene certificates28th March 2011For all purposes in respect of applications for a premises licence made under section 20 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 188(2)Sale of alcohol to trade28th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Section 189Occasional licences1st October 2011For all purposes in respect of applications for an occasional licence made under section 56 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 190Extended hours applications: notification period1st October 2011For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 191Extended hours applications: variation of conditions28th March 2011For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3
Section 203Modification of enactments28th March 2011
Schedule 5Witness anonymity orders: transitional28th March 2011
The following paragraphs of Schedule 7:—Modifications of enactments28th March 2011
1, 2, 3, 6, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25, 27, 28, 29, 30, 31, 34, 35, 36, 44, 45, 47, 50, 52, 53, 54, 55, 56, 59, 60, 61, 63, 64, 65, 67, 68, 69, 72, 74, 77, 78, 79, 80, 81, 82 and 83
Schedule 7, paragraph 2428th March 2011For all purposes in respect of offences committed on or after the date specified in column 3
Schedule 7, paragraph 331st August 2011

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