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Scottish Statutory Instruments

2012 No. 160 (C. 15)

Criminal Law

The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012

Made

21st May 2012

Laid before the Scottish Parliament

23rd May 2012

Coming into force

25th June 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1), (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010(1).

Citation and commencement

1.  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.

Interpretation

2.—(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 provisions

3.  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 provisions

4.—(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)section 168 of the Act (in so far as inserting section 51B of the Criminal Procedure (Scotland) Act 1995(2); and

(b)section 171 of the Act (in so far as abolishing the plea of diminished responsibility),

had not been commenced.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st May 2012

Article 3

SCHEDULE

Column 1

(Provisions of the Act)

Column 2

(Subject matter)

Section 168Criminal responsibility of persons with mental disorder
Section 169Acquittal involving mental disorder: procedure
Section 170Unfitness for trial
Section 171Abolition of common law rules
In Schedule 7, paragraphs—
8Modification of the Rehabilitation of Offenders Act 1974
16Modifications of the Legal Aid (Scotland) Act 1986
32, 37 to 43, 46, 51, 57, 58 and 62Modifications of the Criminal Procedure (Scotland) Act 1995
66Modification of the Crime and Punishment (Scotland) Act 1997
71Modification of the Criminal Justice (Scotland) Act 2003
73Modification of the Sexual Offences Act 2003
75Modifications of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
76Modifications of the Management of Offenders etc. (Scotland) Act 2005
84Modification of the Protection of Vulnerable Groups (Scotland) Act 2007
85Modifications of the Counter-Terrorism Act 2008
87Modifications of the Coroners and Justice Act 2009

EXPLANATORY NOTE

(This note is not part of the Order)

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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

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 20112010/413
Section 14(1) (insofar as not already in force)1st April 20112010/413
Section 14(2)1st February 20112010/413
Section 1528th March 20112011/178
Section 1613th December 20102010/413
Section 171st February 20112010/413
Section 1928th March 20112011/178
Sections 20 and 211st February 20112010/413
Section 2228th March 20112011/178
Section 2313th December 20102010/413
Section 2428th March 20112011/178
Sections 25 and 2613th December 20102010/413
Section 2728th March 20112011/178
Sections 28 to 3113th December 20102010/413
Sections 32 and 3328th March 20112011/178
Section 3413th December 20102010/413
Section 3528th March 20112011/178
Section 3628th March 20112011/178
Section 3713th December 20102010/413
Section 386th October 20102010/339
Sections 39 to 4113th December 20102010/413
Section 4228th March 20112011/178
Sections 43 and 441st December 20102010/357
Section 4513th December 20102010/413
Sections 46 to 5328th March 20112011/178
Section 546th June 20112011/178
Section 5528th March 20112011/178
Section 5613th December 20102010/413
Sections 57 and 5828th March 20112011/178
Sections 59 and 6013th December 20102010/413
Sections 61 and 6228th March 20112011/178
Sections 65 to 7028th March 20112011/178
Section 7113th December 20102010/413
Sections 72 to 7628th March 20112011/178
Section 77(1) (in part)28th March 20112011/178
Section 77(1) (insofar as not already in force)1st August 20112011/178
Section 77(2)(a)28th March 20112011/178
Section 77(2)(b) and (c)1st August 20112011/178
Section 77(3)28th March 20112011/178
Sections 78 and 7928th March 20112011/178
Section 80 (in part)13th December 20102010/413
Section 80 (insofar as not already in force)15th April 20112011/178
Section 8128th March 20112011/178
Section 821st August 20112011/178
Section 835th November 20102010/385
Section 8428th March 20112011/178
Section 856th June 20112011/178
Sections 86 to 9128th March 20112011/178
Section 9313th December 20102010/413
Sections 94 to 9610th January 20112010/413
Section 976th October 20102010/339
Section 9913th December 20102010/413
Section 1001st November 20112011/354
Section 10113th December 20102010/413
Section 10228th March 20112011/178
Section 1031st November 20112011/354
Sections 104 and 10513th December 20102010/413
Sections 106 and 10728th March 20112011/178
Section 108(1) (in part) and (4)12th October 20102010/344
Section 108(1) to (3) and (4) (insofar as not already in force)28th February 20112011/157
Section 109(1) to (4)1st November 20112011/354
Section 110(1) to (5)1st November 20112011/354
Sections 111 to 11413th December 20102010/413
Section 11528th March 20112011/178
Sections 116 to 1676th June 20112011/178
Section 172(1) to (3), (4)(a), (5) and (6)28th March 20112011/178
Section 17313th December 20102010/413
Section 1741st November 20112011/354
Section 17528th March 20112011/178
Section 1761st April 20122011/178
Section 1771st October 20122011/178
Section 178(3)(e)16th August 20102010/297
Section 178 (insofar as not already in force)28th February 20112010/413
Sections 180 and 18113th December 20102010/413
Section 18228th February 20112010/413
Section 18313th December 20102010/413
Section 184(1) and (2) and (3) (both partially)13th December 20102010/413
Section 18513th December 20102010/413
Section 18628th March 20112011/178
Section 18713th December 20102010/413
Section 188(1)13th December 20102010/413
Section 188(2)28th March 20112011/178
Section 188(3)13th December 20102010/413
Sections 189 and 1901st October 20112011/178
Section 19128th December 20112011/178
Sections 192 to 19413th December 20102010/413
Section 195(1), (2) and (3) (partially)13th December 20102010/413
Section 195 (insofar as not already in force)1st November 20112011/354
Section 19613th December 20102010/413
Sections 198 and 19913th December 20102010/413
Section 20328th March 20112011/178
Schedule 2 (with the exception of paragraph 38)1st February 20112010/413
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 force2010/413
Schedule 4 (with the exception of paragraph 12)13th December 20102010/413
Schedule 528th March 20112011/178
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17)13th December 20102010/413
Schedule 6, paragraphs 2, 9, 10 and 171st November 20112011/354
Schedule 7, paragraphs—
1 to 328th March 20112011/178
413th December 20102010/413
513th December 20102010/413
628th March 20112011/178
7, 9 and 101st November 20112011/354
11 and 1228th March 20112011/178
1313th December 20102010/413
14 and 1528th March 20112011/178
17 to 2528th March 20112011/178
27 to 3128th March 20112011/178
331st August 20112011/178
34 to 3628th March 20112011/178
44 and 4528th March 20112011/178
4728th March 20112011/178
4810th January 20112010/413
4913th December 20102010/413
5028th March 20112011/178
52 to 5628th March 20112011/178
59 to 6128th March 20112011/178
63 to 6528th March 20112011/178
67 to 6928th March 20112011/178
7228th March 20112011/178
7428th March 20112011/178
77 to 8328th March 20112011/178
8613th December 20102010/413