21Aggravating factor where foreign power condition met: Scotland(1)

This section applies where in Scotland, in relation to a relevant offence, it is—

(a)

libelled in an indictment, and

(b)

proved,

that the offence has been aggravated by reason of the foreign power condition being met in relation to the conduct that constitutes the offence.

(2)

Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.

(3)

Where the sentence imposed by the court in respect of the offence is different from that which the court would have imposed if the offence had not been aggravated by reason of being an offence within subsection (1), the court must state the extent of, and the reasons for, the difference.

(4)

Evidence from a single source is sufficient to prove that an offence has been aggravated by reason of the foreign power condition being met in relation to conduct which constitutes the offence.

(5)

A “relevant offence” is an offence that—

(a)

is committed on or after the day on which this section comes into force, and

(b)

is not an offence listed in subsection (6).

(6)

Those offences are—

(a)

an offence under this Act or an ancillary offence in relation to any such offence;

(b)

a relevant electoral offence (within the meaning given by section 16).

(7)

An “ancillary offence”, in relation to an offence, means any of the following—

(a)

being art and part in the commission of the offence;

(b)

inciting a person to commit the offence;

(c)

attempting or conspiring to commit the offence.

(8)

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 must be taken for the purposes of subsection (5)(a) to have been committed on the first of those days.