Protection of Vulnerable Groups (Scotland) Act 2007

Criminal Procedure (Scotland) Act 1995 (c. 46) S

13 S The 1995 Act is amended as follows.

Commencement Information

I1 Sch. 4 para. 13 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

14 S In section 106(1)—

(a) paragraphs (db) and (dc) are repealed,

(b) in paragraph (f), sub-paragraphs (ii) and (iii) are repealed.

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I2 Sch. 4 para. 14 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

15 S In section 110(1)(a), the words “, the proposal to make a reference was made” are repealed.

Commencement Information

I3 Sch. 4 para. 15 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

16 S Section 111(3) is repealed.

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I4 Sch. 4 para. 16 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

17 S In section 116, for subsection (2) substitute—

“(2) A person who has appealed against both conviction and sentence (or, as the case may be, against both conviction and a decision mentioned in section 106(1)(bb) or both conviction and disposal and order) may abandon the appeal in so far as it is against conviction and may proceed with it against sentence (or, as the case may be, decision, disposal or order) alone.”.

Commencement Information

I5 Sch. 4 para. 17 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

18 S In section 118—

(a) in subsection (4), for the words “106(1)(ba), (bb), (c), (d), (da), (dc), (e) or (f)” substitute “ 106(1)(ba), (bb), (c), (d), (da), (e) or (f) ”,

(b) subsection (4AA) is repealed,

(c) in subsection (7)—

(i) the words “or, as the case may be,” at the end of paragraph (a), and

(ii) paragraph (b),

are repealed.

Commencement Information

I6 Sch. 4 para. 18 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

19 S In section 121A(1), the words “(other than an appeal under section 106(1)(db) or (dc))” are repealed.

Commencement Information

I7 Sch. 4 para. 19 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

20 S In section 173(2), the words “or (cb)” are repealed.

Commencement Information

I8 Sch. 4 para. 20 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

21 S In section 175—

(a) in subsection (2)—

(i) paragraph (cb)(but not the word “or” which appears immediately after that paragraph) is repealed,

(ii) in paragraph (d), sub-paragraphs (ii) and (iii) are repealed,

(b) in subsection (8), for the words from “under” to the end of paragraph (c) substitute “ against both conviction and sentence may abandon the appeal in so far as it is against conviction and may proceed with it against sentence alone, ”,

(c) in subsection (9), the words “or (cb)” are repealed.

Commencement Information

I9 Sch. 4 para. 21 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

22 S Section 181(4) is repealed.

Commencement Information

I10 Sch. 4 para. 22 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

23 S In section 186—

(a) the words “or (cb)”, where they appear in subsections (1), (2), (9) and (10), are repealed,

(b) in subsection (2)(a)—

(i) at the end of sub-paragraph (i) insert “ or ”,

(ii) sub-paragraph (iii)(and the word “or” which immediately precedes it) are repealed.

Commencement Information

I11 Sch. 4 para. 23 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

24 S In section 187(1), the words “or (cb)” are repealed.

Commencement Information

I12 Sch. 4 para. 24 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

25 S In section 189—

(a) subsection (2A) is repealed,

(b) in subsection (7)(b)—

(i) the words “or, as the case may be,” at the end of paragraph (a), and

(ii) paragraph (b),

are repealed.

Commencement Information

I13 Sch. 4 para. 25 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))

26 S In section 193A(1), the words “(other than by way of an appeal under section 175(2)(cb) of this Act against a reference only)” are repealed.

Commencement Information

I14 Sch. 4 para. 26 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 5(1))