Crime and Punishment (Scotland) Act 1997
Part I
Sentencing
Automatic sentences
1
Imprisonment for life on further conviction for certain offences.
2
Minimum sentence for third conviction of certain offences relating to drug trafficking.
3
Meaning of “conviction”.
4
Imposition of supervised release orders on conviction of qualifying offence.
Restriction of liberty orders
5
Restriction of liberty orders.
Mentally disordered offenders
6
Disposal in cases of mentally disordered offenders.
7
Effect of hospital direction.
8
Remand of persons suffering from mental disorder to private hospital.
9
Power to specify hospital unit.
10
Medical evidence in relation to mentally disordered offenders.
11
Increase in maximum period of interim hospital orders.
12
Sentence calculation where remand spent in hospital.
Increases in sentencing powers and penalties
13
Increase in sentences available to sheriff and district courts.
14
Increase in maximum penalty for certain sexual offences.
Powers of court to disqualify from driving
15
Driving disqualifications.
Miscellaneous
16
Designated life prisoners.
Part II
Criminal Procedure
Appeals
17
Right of appeal.
18
Automatic sentences: jurisdiction and appeals.
19
Appeal against automatic sentence where earlier conviction quashed.
20
Transfer of rights of appeal of deceased person.
21
Increased rights of appeal of prosecutor.
22
Appeal by prosecutor against hospital orders etc.
23
Appeals against orders under section 49 of the 1995 Act.
24
Suspension of certain sentences pending determination of appeal.
The Scottish Criminal Cases Review Commission
25
Scottish Criminal Cases Review Commission.
Evidential provisions
26
Evidence concerning certain orders.
27
Proof of age.
28
Evidence from certain official documents.
29
Evidence of vulnerable persons: special provisions.
30
Routine evidence.
31
Previous convictions in solemn proceedings.
32
Supervision and care of persons diverted from prosecution or subject to supervision requirement.
Part III
Prisoners
Chapter I
Early release
Chapter II
Treatment of prisoners
42
Testing of prisoners for alcohol.
43
Medical services in prisons.
44
Unlawful disclosure of information.
Part IV
Police
Police funding and organisation
45
Police grant.
46
Common police services.
Collection and use of records
47
Record of evidence taken from external parts of body.
48
Samples etc. from persons convicted of sexual and violent offences.
Part V
Criminal Legal Assistance
49
Criminal legal assistance.
Employment of solicitors
50
Employment of solicitors in relation to criminal legal assistance.
Fixed payments for criminal legal assistance
51
Fixed payments.
52
Contracts for the provision of criminal legal assistance.
Powers of investigation
53
Power of investigation of Scottish Legal Aid Board.
54
Regulations in relation to criminal legal assistance.
Part VI
Miscellaneous and General
Miscellaneous
55
Liberation of child by police.
56
Powers of the court on remand or committal of children and young persons.
57
Precognitions.
58
Information concerning jurors.
59
Certification of previous convictions in criminal proceedings.
60
Grants for forensic medical services.
61
Confiscation of alcohol from persons under 18.
General
62
Minor and consequential amendments, and repeals.
63
Financial provisions.
64
Interpretation.
65
Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
Minor and Consequential Amendments
The Public Records Act 1958 (c.51)
1
In the First Schedule to the Public Records Act 1958...
The Police (Scotland) Act 1967 (c.77)
2
(1) The Police (Scotland) Act 1967 shall be amended in...
The Firearms Act 1968 (c.27)
3
In section 51 of the Firearms Act 1968 (penalties for...
The Superannuation Act 1972 (c.11)
4
In Schedule 1 to the Superannuation Act 1972 (kinds of...
The House of Commons Disqualification Act 1975 (c.24)
5
In the House of Commons Disqualification Act 1975, in Part...
The Sexual Offences (Scotland) Act 1976 (c.67)
6
(1) The Sexual Offences (Scotland) Act 1976 shall cease to...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
7
In Part I of Schedule 1 to the Law Reform...
The Criminal Justice (Scotland) Act 1980 (c.62)
8
In section 3D(1)(b) of the Criminal Justice (Scotland) Act 1980...
The Mental Health (Scotland) Act 1984 (c.36.)
9
(1) The Mental Health (Scotland) Act 1984 shall be amended...
The Repatriation of Prisoners Act 1984 (c.47)
10
(1) The Repatriation of Prisoners Act 1984 shall be amended...
The Foster Children (Scotland) Act 1984 (c.56)
11
In section 13 of the Foster Children (Scotland) Act, for...
The Legal Aid (Scotland) Act 1986 (c.47)
12
(1) The Legal Aid (Scotland) Act 1986 shall be amended...
The Prisons (Scotland) Act 1989 (c.45)
13
(1) The Prisons (Scotland) Act 1989 shall be amended in...
The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
14
(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall...
The Criminal Justice and Public Order Act 1994 (c.33)
15
In section 110 of the Criminal Justice and Public Order...
The Criminal Justice (Scotland) Act 1995 (c.20)
16
Section 66 of the Criminal Justice (Scotland) Act 1995 shall...
The Children (Scotland) Act 1995 (c.36)
17
In Schedule 4 to the Children (Scotland) Act 1995, paragraph...
The Criminal Law (Consolidation)(Scotland) Act 1995 (c.39)
18
(1) The Criminal Law (Consolidation) (Scotland) Act 1995 shall be...
The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 (c.40)
19
(1) The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 shall be...
The Proceeds of Crime (Scotland) Act 1995 (c.43)
20
In section 42(1) of the Proceeds of Crime (Scotland) Act...
The Criminal Procedure (Scotland) Act 1995 (c.46.)
21
(1) The 1995 Act shall be amended as follows.
SCHEDULE 2
SCHEDULE 3
Repeals

Crime and Punishment (Scotland) Act 1997
1997 c. 48
An Act to make provision as respects Scotland in relation to criminal appeals, the disposal of offenders, criminal procedure, evidence in criminal proceedings, the treatment and early release of prisoners, offences committed by newly released prisoners, criminal legal assistance, the police, confiscation of alcohol from persons under 18, sex offenders and the payment by the Lord Advocate of grants for the provision of forensic medical services; to enable courts in England and Wales and Northern Ireland to remit offenders to courts in Scotland in certain circumstances; to make amendments consequential upon the provisions of this Act to the law in other parts of the United Kingdom; and for connected purposes.
[21st March 1997]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Act extends to Scotland only except s. 4(3)(5) which extends to Great Britain, s. 37(4) which extends to the United Kingdom, and coextensive amendments/repeals see s. 65(5)(6)(7).