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

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1.—(1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011.

(2) In this Order—

“the Act” means the Criminal Justice and Licensing (Scotland) Act 2010;

“the 1982 Act” means the Civic Government (Scotland) Act 1982(1);

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(2);

“the 2003 Act” means the Sexual Offences Act 2003(3);

“the 2005 Act” means the Licensing (Scotland) Act 2005(4);

“earlier proceedings” means—

(a)

the proceedings to which the appellate proceedings relate; and

(b)

in respect of which the first appearance of the accused or, as the case may be, the recording of a plea of not guilty against an accused charged on summary complaint is on or after 6th June 2011;

“the first appearance of the accused” means where in a prosecution under solemn procedure—

(a)

an accused appears for the first time on petition; or

(b)

an accused appears for the first time on indictment (not having appeared on petition in relation to the same matter).

(3) For the purposes of this Order, where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it is to be taken to have been committed on the first of those days.

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