The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012
Citation and commencement1.
This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012 and comes into force on 25th June 2012.
Interpretation2.
(1)
In this Order “the Act” means the Criminal Justice and Licensing (Scotland) Act 2010.
(2)
For the purposes of this Order criminal proceedings are commenced—
(a)
in summary proceedings, on the date of the first calling of the case; and
(b)
in solemn proceedings, on the date on whichever of the following first occur—
(i)
the grant of a warrant to arrest and commit;
(ii)
the intimation of a petition; or
(iii)
the service of an indictment.
Commencement of provisions3.
The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on 25th June 2012 and apply to criminal proceedings commenced on or after that date irrespective of the date the offence was committed.
Saving provisions4.
(1)
The rules of law referred to in section 171 of the Act continue to have effect in relation to criminal proceedings commenced before 25th June 2012.
(2)
The common law of diminished responsibility continues to have effect in relation to criminal proceedings commenced on or after 25th June 2012 where the conduct giving rise to the proceedings took place before that date, the case proceeding as if—
(a)
(b)
section 171 of the Act (in so far as abolishing the plea of diminished responsibility),
had not been commenced.
St Andrew’s House,
Edinburgh
SCHEDULE
Column 1 (Provisions of the Act) | Column 2 (Subject matter) |
|---|---|
Section 168 | Criminal responsibility of persons with mental disorder |
Section 169 | Acquittal involving mental disorder: procedure |
Section 170 | Unfitness for trial |
Section 171 | Abolition of common law rules |
In Schedule 7, paragraphs— | |
8 | Modification of the Rehabilitation of Offenders Act 1974 |
16 | Modifications of the Legal Aid (Scotland) Act 1986 |
32, 37 to 43, 46, 51, 57, 58 and 62 | Modifications of the Criminal Procedure (Scotland) Act 1995 |
66 | Modification of the Crime and Punishment (Scotland) Act 1997 |
71 | Modification of the Criminal Justice (Scotland) Act 2003 |
73 | Modification of the Sexual Offences Act 2003 |
75 | Modifications of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 |
76 | Modifications of the Management of Offenders etc. (Scotland) Act 2005 |
84 | Modification of the Protection of Vulnerable Groups (Scotland) Act 2007 |
85 | Modifications of the Counter-Terrorism Act 2008 |
87 | Modifications of the Coroners and Justice Act 2009 |
The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.
This Order brings into force sections 168 to 171 of the Act (and related provisions in Schedule 7 of the Act). These provisions implement the Scottish Law Commission’s Report on Insanity and Diminished Responsibility. The provisions come into force on 25th June 2012 and apply in general to all criminal proceedings commenced on or after that date, irrespective of when the conduct giving rise to the proceedings occurred.
There is one exception to this general approach. In the light of developments in the common law of diminished responsibility that have occurred since the Act received Royal Assent, section 168 of the Act (in so far as inserting section 51B in the Criminal Procedure (Scotland) Act 1995) does not apply where the conduct giving rise to the proceedings took place before 25th June 2012, even when the proceedings are commenced after that date. In such cases the common law of diminished responsibility continues to have effect.
The following provisions of the Act have been brought into force by commencement orders made before the date of this Order.
Provision | Date of Commencement | S.S.I. No. |
|---|---|---|
Section 14(1) (in part) | 1st February 2011 | |
Section 14(1) (insofar as not already in force) | 1st April 2011 | |
Section 14(2) | 1st February 2011 | |
Section 15 | 28th March 2011 | |
Section 16 | 13th December 2010 | |
Section 17 | 1st February 2011 | |
Section 19 | 28th March 2011 | |
Sections 20 and 21 | 1st February 2011 | |
Section 22 | 28th March 2011 | |
Section 23 | 13th December 2010 | |
Section 24 | 28th March 2011 | |
Sections 25 and 26 | 13th December 2010 | |
Section 27 | 28th March 2011 | |
Sections 28 to 31 | 13th December 2010 | |
Sections 32 and 33 | 28th March 2011 | |
Section 34 | 13th December 2010 | |
Section 35 | 28th March 2011 | |
Section 36 | 28th March 2011 | |
Section 37 | 13th December 2010 | |
Section 38 | 6th October 2010 | |
Sections 39 to 41 | 13th December 2010 | |
Section 42 | 28th March 2011 | |
Sections 43 and 44 | 1st December 2010 | |
Section 45 | 13th December 2010 | |
Sections 46 to 53 | 28th March 2011 | |
Section 54 | 6th June 2011 | |
Section 55 | 28th March 2011 | |
Section 56 | 13th December 2010 | |
Sections 57 and 58 | 28th March 2011 | |
Sections 59 and 60 | 13th December 2010 | |
Sections 61 and 62 | 28th March 2011 | |
Sections 65 to 70 | 28th March 2011 | |
Section 71 | 13th December 2010 | |
Sections 72 to 76 | 28th March 2011 | |
Section 77(1) (in part) | 28th March 2011 | |
Section 77(1) (insofar as not already in force) | 1st August 2011 | |
Section 77(2)(a) | 28th March 2011 | |
Section 77(2)(b) and (c) | 1st August 2011 | |
Section 77(3) | 28th March 2011 | |
Sections 78 and 79 | 28th March 2011 | |
Section 80 (in part) | 13th December 2010 | |
Section 80 (insofar as not already in force) | 15th April 2011 | |
Section 81 | 28th March 2011 | |
Section 82 | 1st August 2011 | |
Section 83 | 5th November 2010 | |
Section 84 | 28th March 2011 | |
Section 85 | 6th June 2011 | |
Sections 86 to 91 | 28th March 2011 | |
Section 93 | 13th December 2010 | |
Sections 94 to 96 | 10th January 2011 | |
Section 97 | 6th October 2010 | |
Section 99 | 13th December 2010 | |
Section 100 | 1st November 2011 | |
Section 101 | 13th December 2010 | |
Section 102 | 28th March 2011 | |
Section 103 | 1st November 2011 | |
Sections 104 and 105 | 13th December 2010 | |
Sections 106 and 107 | 28th March 2011 | |
Section 108(1) (in part) and (4) | 12th October 2010 | |
Section 108(1) to (3) and (4) (insofar as not already in force) | 28th February 2011 | |
Section 109(1) to (4) | 1st November 2011 | |
Section 110(1) to (5) | 1st November 2011 | |
Sections 111 to 114 | 13th December 2010 | |
Section 115 | 28th March 2011 | |
Sections 116 to 167 | 6th June 2011 | |
Section 172(1) to (3), (4)(a), (5) and (6) | 28th March 2011 | |
Section 173 | 13th December 2010 | |
Section 174 | 1st November 2011 | |
Section 175 | 28th March 2011 | |
Section 176 | 1st April 2012 | |
Section 177 | 1st October 2012 | |
Section 178(3)(e) | 16th August 2010 | |
Section 178 (insofar as not already in force) | 28th February 2011 | |
Sections 180 and 181 | 13th December 2010 | |
Section 182 | 28th February 2011 | |
Section 183 | 13th December 2010 | |
Section 184(1) and (2) and (3) (both partially) | 13th December 2010 | |
Section 185 | 13th December 2010 | |
Section 186 | 28th March 2011 | |
Section 187 | 13th December 2010 | |
Section 188(1) | 13th December 2010 | |
Section 188(2) | 28th March 2011 | |
Section 188(3) | 13th December 2010 | |
Sections 189 and 190 | 1st October 2011 | |
Section 191 | 28th December 2011 | |
Sections 192 to 194 | 13th December 2010 | |
Section 195(1), (2) and (3) (partially) | 13th December 2010 | |
Section 195 (insofar as not already in force) | 1st November 2011 | |
Section 196 | 13th December 2010 | |
Sections 198 and 199 | 13th December 2010 | |
Section 203 | 28th March 2011 | |
Schedule 2 (with the exception of paragraph 38) | 1st February 2011 | |
Schedule 2 (insofar as not already in force) | The day that section 25(2) of the Welfare Reform Act 2009 (c.24) (jobseekers allowance: sanctions for violent conduct etc. in connection with claim) comes into force | |
Schedule 4 (with the exception of paragraph 12) | 13th December 2010 | |
Schedule 5 | 28th March 2011 | |
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17) | 13th December 2010 | |
Schedule 6, paragraphs 2, 9, 10 and 17 | 1st November 2011 | |
Schedule 7, paragraphs— | ||
1 to 3 | 28th March 2011 | |
4 | 13th December 2010 | |
5 | 13th December 2010 | |
6 | 28th March 2011 | |
7, 9 and 10 | 1st November 2011 | |
11 and 12 | 28th March 2011 | |
13 | 13th December 2010 | |
14 and 15 | 28th March 2011 | |
17 to 25 | 28th March 2011 | |
27 to 31 | 28th March 2011 | |
33 | 1st August 2011 | |
34 to 36 | 28th March 2011 | |
44 and 45 | 28th March 2011 | |
47 | 28th March 2011 | |
48 | 10th January 2011 | |
49 | 13th December 2010 | |
50 | 28th March 2011 | |
52 to 56 | 28th March 2011 | |
59 to 61 | 28th March 2011 | |
63 to 65 | 28th March 2011 | |
67 to 69 | 28th March 2011 | |
72 | 28th March 2011 | |
74 | 28th March 2011 | |
77 to 83 | 28th March 2011 | |
86 | 13th December 2010 |