Citation and interpretation
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 ;
- “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 ;
- “the 2003 Act” means the Sexual Offences Act 2003 ;
- “the 2005 Act” means the Licensing (Scotland) Act 2005 ;
- “earlier proceedings” means—
  1. the proceedings to which the appellate proceedings relate; and
  2. 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—
  1. an accused appears for the first time on petition; or
  2. 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.
1982 c.45.
1995 c.46.
2003 c.42.
2005 asp 16.