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There are currently no known outstanding effects for the Criminal Justice and Licensing (Scotland) Act 2010.
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Referrals from the Scottish Criminal Cases Review Commission
179.Premises licence applications: statements about disabled access etc.
180.Premises licence applications: notification requirements
181.Premises licence applications: modification of layout plans
182.Reviews of premises licences: notification of determinations
183.Premises licence applications: antisocial behaviour reports
184.Premises licences: connected persons and interested parties
186.Premises licence applications: food hygiene certificates
THE SCOTTISH SENTENCING COUNCIL
COMMUNITY PAYBACK ORDERS: CONSEQUENTIAL MODIFICATIONS
2.In section 52H(3) (early termination of assessment order), the following...
3.In section 52R(3) (termination of treatment order), the following are...
4.In section 53(12)(a) (interim compulsion orders), for sub-paragraphs (vi) and...
5.In section 57A(15)(a) (compulsion order), for sub-paragraphs (vi) and (vii)...
6.In section 58(8) (order for hospital admission or guardianship), for...
7.In section 106(1) (right of appeal), for paragraph (d) substitute—...
8.In section 108 (Lord Advocate's right of appeal against disposal)—...
9.In section 118(4) (disposal of appeals against sentence), after “(d),”...
10.In section 121A(4) (suspension of certain sentences pending determination of...
11.In section 173(2) (quorum of High Court in relation to...
12.In section 175 (right of appeal)— (a) in subsection (2)—...
13.In section 186 (appeals against sentence only), in each of...
14.In section 187(1) (leave to appeal against sentence), for “175(2)(b)...
15.In section 189(5) (disposal of appeal against sentence), after “175(2)(c)”...
16.In section 193A(4) (suspension of certain sentences pending determination of...
18.In section 234H (disposal on revocation of drug treatment and...
19.(1) Section 234J (concurrent drug treatment and testing and probation...
20.Sections 235 to 245 (supervised attendance orders and community service...
21.(1) Section 245A (restriction of liberty orders) is amended as...
22.(1) Section 245D (combination of restriction of liberty orders with...
23.(1) Section 245G (disposal on revocation of restriction of liberty...
24.In section 245J (breach of certain orders: adjourning hearing and...
25.Sections 245K to 245Q (community reparation orders) are repealed.
26.In section 246 (admonition and absolute discharge), in each of...
27.In section 249(2) (compensation order against convicted person), for paragraph...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
The Local Government and Planning (Scotland) Act 1982 (c.43)
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)
The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
The Management of Offenders etc. (Scotland) Act 2005 (asp 14)
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
SHORT-TERM CUSTODY AND COMMUNITY SENTENCES: CONSEQUENTIAL AMENDMENTS
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
1.The Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)...
2.In section 34 (period during which licence in force), for...
4.In section 40 (compassionate release: effect of revocation in certain...
5.(1) Section 42 (consideration by Parole Board) is amended as...
6.After section 42 insert— Determination that section 42(3) applicable: consequences...
7.(1) Section 45 (prisoner's right to request early reconsideration by...
8.In section 46 (multiple licences to be replaced by single...
9.(1) Section 51 (prisoners serving extended sentences) is amended as...
10.(1) Section 55 (application to young offenders and children) is...
11.In section 56 (fine defaulters and persons in contempt of...
12.In section 65 (rules, regulations and orders), in subsection (4)(a),...
13.(1) Schedule 2 (prisoners serving more than one sentence) is...
14.(1) Schedule 3 (sentences framed to run consecutively) is amended...
CONVICTIONS BY COURTS IN OTHER EU MEMBER STATES: MODIFICATIONS OF ENACTMENTS
2.In section 23C(2)(d)(i) (previous convictions to be taken into consideration...
3.In section 27 (breach of bail conditions: offences), after subsection...
4.In section 202(2) (deferred sentence), for “Great Britain” substitute “...
5.In section 204 (restrictions on passing sentence of imprisonment or...
6.In section 205B (minimum sentence for third conviction of certain...
7.In section 275A (disclosure of accused's previous convictions where court...
8.In section 307 (interpretation)— (a) in subsection (1), insert the...
FURTHER MODIFICATIONS OF 2005 ACT
1.The 2005 Act is amended in accordance with the following...
2.In section 4 (the licensing objectives), subsection (2) is repealed....
3.In section 21 (notification of premises licence applications), subsection (5)...
4.In section 22 (objections and representations), subsection (2) is repealed....
5.In section 23 (determination of premises licence application), for subsection...
6.(1) Section 24 (applicant's duty to notify Licensing Board of...
7.(1) Section 33 (transfer of premises licence on application of...
8.In section 44 (procedure where Licensing Board receives notice of...
9.In section 57 (notification of occasional licence application to chief...
10.(1) Section 59 (determination of occasional licence application) is amended...
11.In section 69 (notification of extended hours application), in subsection...
12.In section 73 (notification of personal licence application to chief...
13.(1) Section 74 (determination of personal licence application) is amended...
14.(1) Section 75 (applicant's duty to notify Licensing Board of...
15.(1) Section 83 (procedure where Licensing Board receives notice of...
16.After section 84 insert— Power of chief constable to report...
17.In section 148 (index of defined expressions), in the table,...
18.In schedule 1 (Licensing Boards), in paragraph 10(4), the words...
The Rehabilitation of Offenders Act 1974 (c.53)
7.The Rehabilitation of Offenders Act 1974 is amended as follows....
8.In section 1 (rehabilitated persons and spent convictions), in subsection...
9.In section 6(6)(bb) (convictions in service disciplinary proceedings), for “the...
10.The Schedule (service disciplinary proceedings) is renumbered as Schedule 1....
The Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34)
The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)
26.After section 5 insert— Signing of warrants etc. outwith sheriff's...
28.In section 11 (certain offences committed outside Scotland)—
29.In section 17A (right of person accused of sexual offence...
30.In section 18(8)(c) (power to take prints etc. under authority...
31.In section 19(1)(b) (samples etc. taken from person convicted of...
32.In section 19A (samples etc. from persons convicted of sexual...
34.In section 22 (liberation by police), subsections (1H), (2), (4),...
35.In section 23A (bail and liberation where person already in...
36.In section 35 (judicial examination), in subsection (4A)—
38.The title of section 57 (disposal of case where accused...
39.In section 57 (disposal of case where accused found to...
40.In section 60C(7) (disapplication of provision where person acquitted on...
44.In section 66 (service and lodging of indictment etc.), in...
45.In section 71 (first diet)— (a) in subsection (A1), for...
46.In section 78(2) (which attracts the procedure for notifying special...
47.In section 79 (preliminary pleas and preliminary issues), in subsection...
48.In section 85 (juries: citation and attendance of jurors), in...
49.In section 90D (review of orders under section 90B(1)(a) or...
50.In section 102A (failure of accused to appear), for paragraph...
51.In section 118(5) (disposal of appeal from solemn proceedings where...
52.In section 136A (time limits for transferred and related cases),...
53.In section 137B (transfer of sheriff court summary proceedings outwith...
55.In section 144 (procedure at first diet), in subsection (3A)—...
56.In section 146 (plea of not guilty), in subsection (3A)—...
57.The title of section 190 (disposal of appeal where appellant...
58.In section 190— (a) in subsection (1), for “insane when...
59.In section 247 (effect of probation and absolute discharge)—
61.In section 258 (uncontroversial evidence), after subsection (4A) insert—
62.In section 307 (interpretation), in subsection (1), after the definition...
The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
The Management of Offenders etc. (Scotland) Act 2005 (asp 14)
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
78.The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended...
79.In section 7 (liberation on undertaking), in subsection (2), paragraphs...
80.In section 74 (appointment of stipendiary magistrates), subsection (6) is...
81.After section 74 insert— Exercise of functions by stipendiary magistrates...
82.In section 76 (signing functions)— (a) in subsection (2), for...
83.In the schedule (modification of enactments)— (a) paragraph 3(b) is...
The Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
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