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 .

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 ; 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
SCHEDULE
Article 3
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

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 2011 | 2010/413
Section 14(1) (insofar as not already in force) | 1st April 2011 | 2010/413
Section 14(2) | 1st February 2011 | 2010/413
Section 15 | 28th March 2011 | 2011/178
Section 16 | 13th December 2010 | 2010/413
Section 17 | 1st February 2011 | 2010/413
Section 19 | 28th March 2011 | 2011/178
Sections 20 and 21 | 1st February 2011 | 2010/413
Section 22 | 28th March 2011 | 2011/178
Section 23 | 13th December 2010 | 2010/413
Section 24 | 28th March 2011 | 2011/178
Sections 25 and 26 | 13th December 2010 | 2010/413
Section 27 | 28th March 2011 | 2011/178
Sections 28 to 31 | 13th December 2010 | 2010/413
Sections 32 and 33 | 28th March 2011 | 2011/178
Section 34 | 13th December 2010 | 2010/413
Section 35 | 28th March 2011 | 2011/178
Section 36 | 28th March 2011 | 2011/178
Section 37 | 13th December 2010 | 2010/413
Section 38 | 6th October 2010 | 2010/339
Sections 39 to 41 | 13th December 2010 | 2010/413
Section 42 | 28th March 2011 | 2011/178
Sections 43 and 44 | 1st December 2010 | 2010/357
Section 45 | 13th December 2010 | 2010/413
Sections 46 to 53 | 28th March 2011 | 2011/178
Section 54 | 6th June 2011 | 2011/178
Section 55 | 28th March 2011 | 2011/178
Section 56 | 13th December 2010 | 2010/413
Sections 57 and 58 | 28th March 2011 | 2011/178
Sections 59 and 60 | 13th December 2010 | 2010/413
Sections 61 and 62 | 28th March 2011 | 2011/178
Sections 65 to 70 | 28th March 2011 | 2011/178
Section 71 | 13th December 2010 | 2010/413
Sections 72 to 76 | 28th March 2011 | 2011/178
Section 77(1) (in part) | 28th March 2011 | 2011/178
Section 77(1) (insofar as not already in force) | 1st August 2011 | 2011/178
Section 77(2)(a) | 28th March 2011 | 2011/178
Section 77(2)(b) and (c) | 1st August 2011 | 2011/178
Section 77(3) | 28th March 2011 | 2011/178
Sections 78 and 79 | 28th March 2011 | 2011/178
Section 80 (in part) | 13th December 2010 | 2010/413
Section 80 (insofar as not already in force) | 15th April 2011 | 2011/178
Section 81 | 28th March 2011 | 2011/178
Section 82 | 1st August 2011 | 2011/178
Section 83 | 5th November 2010 | 2010/385
Section 84 | 28th March 2011 | 2011/178
Section 85 | 6th June 2011 | 2011/178
Sections 86 to 91 | 28th March 2011 | 2011/178
Section 93 | 13th December 2010 | 2010/413
Sections 94 to 96 | 10th January 2011 | 2010/413
Section 97 | 6th October 2010 | 2010/339
Section 99 | 13th December 2010 | 2010/413
Section 100 | 1st November 2011 | 2011/354
Section 101 | 13th December 2010 | 2010/413
Section 102 | 28th March 2011 | 2011/178
Section 103 | 1st November 2011 | 2011/354
Sections 104 and 105 | 13th December 2010 | 2010/413
Sections 106 and 107 | 28th March 2011 | 2011/178
Section 108(1) (in part) and (4) | 12th October 2010 | 2010/344
Section 108(1) to (3) and (4) (insofar as not already in force) | 28th February 2011 | 2011/157
Section 109(1) to (4) | 1st November 2011 | 2011/354
Section 110(1) to (5) | 1st November 2011 | 2011/354
Sections 111 to 114 | 13th December 2010 | 2010/413
Section 115 | 28th March 2011 | 2011/178
Sections 116 to 167 | 6th June 2011 | 2011/178
Section 172(1) to (3), (4)(a), (5) and (6) | 28th March 2011 | 2011/178
Section 173 | 13th December 2010 | 2010/413
Section 174 | 1st November 2011 | 2011/354
Section 175 | 28th March 2011 | 2011/178
Section 176 | 1st April 2012 | 2011/178
Section 177 | 1st October 2012 | 2011/178
Section 178(3)(e) | 16th August 2010 | 2010/297
Section 178 (insofar as not already in force) | 28th February 2011 | 2010/413
Sections 180 and 181 | 13th December 2010 | 2010/413
Section 182 | 28th February 2011 | 2010/413
Section 183 | 13th December 2010 | 2010/413
Section 184(1) and (2) and (3) (both partially) | 13th December 2010 | 2010/413
Section 185 | 13th December 2010 | 2010/413
Section 186 | 28th March 2011 | 2011/178
Section 187 | 13th December 2010 | 2010/413
Section 188(1) | 13th December 2010 | 2010/413
Section 188(2) | 28th March 2011 | 2011/178
Section 188(3) | 13th December 2010 | 2010/413
Sections 189 and 190 | 1st October 2011 | 2011/178
Section 191 | 28th December 2011 | 2011/178
Sections 192 to 194 | 13th December 2010 | 2010/413
Section 195(1), (2) and (3) (partially) | 13th December 2010 | 2010/413
Section 195 (insofar as not already in force) | 1st November 2011 | 2011/354
Section 196 | 13th December 2010 | 2010/413
Sections 198 and 199 | 13th December 2010 | 2010/413
Section 203 | 28th March 2011 | 2011/178
Schedule 2 (with the exception of paragraph 38) | 1st February 2011 | 2010/413
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 force | 2010/413
Schedule 4 (with the exception of paragraph 12) | 13th December 2010 | 2010/413
Schedule 5 | 28th March 2011 | 2011/178
Schedule 6 (with the exception of paragraphs 2, 9, 10 and 17) | 13th December 2010 | 2010/413
Schedule 6, paragraphs 2, 9, 10 and 17 | 1st November 2011 | 2011/354
Schedule 7, paragraphs— | |
1 to 3 | 28th March 2011 | 2011/178
4 | 13th December 2010 | 2010/413
5 | 13th December 2010 | 2010/413
6 | 28th March 2011 | 2011/178
7, 9 and 10 | 1st November 2011 | 2011/354
11 and 12 | 28th March 2011 | 2011/178
13 | 13th December 2010 | 2010/413
14 and 15 | 28th March 2011 | 2011/178
17 to 25 | 28th March 2011 | 2011/178
27 to 31 | 28th March 2011 | 2011/178
33 | 1st August 2011 | 2011/178
34 to 36 | 28th March 2011 | 2011/178
44 and 45 | 28th March 2011 | 2011/178
47 | 28th March 2011 | 2011/178
48 | 10th January 2011 | 2010/413
49 | 13th December 2010 | 2010/413
50 | 28th March 2011 | 2011/178
52 to 56 | 28th March 2011 | 2011/178
59 to 61 | 28th March 2011 | 2011/178
63 to 65 | 28th March 2011 | 2011/178
67 to 69 | 28th March 2011 | 2011/178
72 | 28th March 2011 | 2011/178
74 | 28th March 2011 | 2011/178
77 to 83 | 28th March 2011 | 2011/178
86 | 13th December 2010 | 2010/413
2010 asp 13.
1995 c.46.