The Crime and Punishment (Scotland) Act 1997 (Commencement No. 6 and Savings) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force section 13(1), (3) and (4) of the Crime and Punishment (Scotland) Act 1997 (“the Act”) on 1st May 2004 (article 2). Section 13(1) of the Act amends section 3 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) to increase the sentencing power of the sheriff on conviction on indictment from three to five years. Section 13(3) and (4) of the Act make consequential amendments to, respectively, section 195(2) (remit to the High Court for sentence) of the 1995 Act and paragraph 12 (construction of references to penal servitude and hard labour) of Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995.

The Order saves the effect of sections 3 and 195(2) of the 1995 Act and of paragraph 12 of Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 for cases where the first diet to which the accused is cited in accordance with section 66 of the 1995 Act or the diet in respect of which notice is given in terms of section 76(1) or 81(1) of that Act is before 1st May 2004 (article 3).