Criminal Justice and Licensing (Scotland) Act 2010
PART 1SENTENCING
The Scottish Sentencing Council
1The Scottish Sentencing Council
2The Council's objectives
3Sentencing guidelines
4Consultation on proposed sentencing guidelines
5Approval of sentencing guidelines by High Court
6Effect of sentencing guidelines
7Ministers' power to request that sentencing guidelines be prepared or reviewed
8High Court's power to require preparation or review of sentencing guidelines
8ASheriff Appeal Court's power to require preparation or review of sentencing guidelines
9Publication of High Court and Sheriff Appeal Court guideline judgments
10Scottish Court Service to provide sentencing information to the Council
11The Council's power to provide information, advice etc.
12Business plan
13Annual report
Community payback orders
14Community payback orders
Non-harassment orders
15Non-harassment orders
Short sentences
16Short periods of detention
17Presumption against short periods of imprisonment
18Amendments of Custodial Sentences and Weapons (Scotland) Act 2007
19Early removal of certain short-term prisoners from the United Kingdom
Other sentencing measures
20Reports about supervised persons
21Detention of children convicted on indictment
22Pre-sentencing reports about organisations
23Extended sentences for certain sexual offences
24Effect of probation and absolute discharge
25Offences aggravated by racial or religious prejudice
26Voluntary intoxication by alcohol: effect in sentencing
27Mutual recognition of judgments and probation decisions
PART 2CRIMINAL LAW
Serious organised crime
28Involvement in serious organised crime
29Offences aggravated by connection with serious organised crime
30Directing serious organised crime
31Failure to report serious organised crime
Genocide, crimes against humanity and war crimes
32Genocide, crimes against humanity and war crimes: UK residents
33Genocide, crimes against humanity and war crimes: retrospective application
Articles banned in prison
34Articles banned in prison
Crossbows, knives etc.
35Sale and hire of crossbows to persons under 18
36Sale and hire of knives and certain other articles to persons under 18
Offensive weapons etc.
37Offensive weapons etc.
Threatening or abusive behaviour
38Threatening or abusive behaviour
Stalking
39Offence of stalking
Sexual offences
40Certain sexual offences by non-natural persons
41Indecent images of children
42Extreme pornography
43Voyeurism: additional forms of conduct
44Sexual offences: defences in relation to offences against older children
45Penalties for offences of brothel-keeping and living on the earnings of prostitution
People trafficking
46People trafficking
Slavery, servitude and forced or compulsory labour
47Slavery, servitude and forced or compulsory labour
Fraud and embezzlement
48Alternative charges for fraud and embezzlement
49Articles for use in fraud
Conspiracy
50Conspiracy to commit offences outwith Scotland
Abolition of offences of sedition and leasing-making
51Abolition of offences of sedition and leasing-making
PART 3CRIMINAL PROCEDURE
Children
52Prosecution of children
Offences: liability of partners
53Offences: liability of partners
Witness statements
54Witness statements
Police liberation
55Breach of undertaking
Grant of warrants
56Grant of warrants for execution by constables and police members of SCDEA
Bail
57Bail review applications
58Bail condition for identification procedures etc.
59Bail conditions: remote monitoring requirements
Prosecution on indictment
60Prosecution on indictment: Scottish Law Officers
Transfer of justice of the peace court cases
61Transfer of justice of the peace court cases
Additions to complaint
62Additional charge where bail etc. breached
Dockets and charges in sex cases
63Dockets and charges in sex cases
Remand and committal of children
64Remand and committal of children and young persons
Prosecution of organisations
65Meaning of “organisation”
66Proceedings on indictment against organisations
67Prosecution of organisations by summary procedure
68Manner of citation of organisations in summary proceedings
Personal conduct of case by accused
69Prohibition of personal conduct of case by accused in certain proceedings
Disclosure of convictions etc.
70Disclosure of convictions and non-court disposals
71Convictions by courts in other EU member States
Appeals: time limits
72Time limits for lodging certain appeals
Crown appeals
73Submissions as to sufficiency of evidence
74Prosecutor's right of appeal
75Power of High Court in appeal under section 107A of 1995 Act
76Further amendment of 1995 Act
Retention and use of samples etc.
77Retention of samples etc.
78Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted
79Retention of samples etc. taken or provided in connection with certain fixed penalty offences
80Retention of samples etc. from children referred to children's hearings
81Extension of section 19A of 1995 Act
82Use of samples etc.
Referrals from the Scottish Criminal Cases Review Commission
83Referrals from Scottish Criminal Cases Review Commission: grounds for appeal
PART 4EVIDENCE
84Admissibility of prior statements of witnesses: abolition of competence test
85Witness statements: use during trial
86Spouse or civil partner of accused a compellable witness
87Special measures for child witnesses and other vulnerable witnesses
88Child witnesses in proceedings for people trafficking offences
89Amendment of Criminal Justice (Scotland) Act 2003
90Witness anonymity orders
91Television link evidence
92European evidence warrants
PART 5CRIMINAL JUSTICE
Jury service
93Lists of jurors
94Upper age limit for jurors
95Excusal from jury service
96Persons excusable from jury service
Data matching for detection of fraud etc.
97Data matching for detection of fraud etc.
Sharing information with anti-fraud organisations
98Sharing information with anti-fraud organisations
Closure of premises associated with human exploitation etc.
99Closure of premises associated with human exploitation etc.
Sexual offences prevention orders
100Sexual offences prevention orders
Foreign travel orders
101Foreign travel orders
Sex offender notification requirements
102Sex offender notification requirements
Risk of sexual harm orders
103Risk of sexual harm orders
104Risk of sexual harm orders: spent convictions
Obtaining information from outwith United Kingdom
105Obtaining information from outwith United Kingdom
Surveillance
106Grant of authorisations for surveillance
Interference with property
107Authorisations to interfere with property etc.
Amendments of Part 5 of Police Act 1997
108Amendments of Part 5 of Police Act 1997
Rehabilitation of offenders
109Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974
Medical services in prisons
110Medical services in prisons
Miscellaneous
111Assistance for victim support
112Public defence solicitors
113Compensation for miscarriages of justice
114Financial reporting orders
115Compensation orders
PART 6DISCLOSURE
Meaning of “information”
116Meaning of “information”
Provision of information to prosecutor
117Provision of information to prosecutor: solemn cases
118Continuing duty to provide information: solemn cases
119Provision of information to prosecutor: summary cases
120Continuing duty of investigating agency: summary cases
Prosecutor's duty to disclose information
121Prosecutor's duty to disclose information
122Disclosure of other information: solemn cases
123Continuing duty of prosecutor
Defence statements
124Defence statements: solemn proceedings
125Defence statements: summary proceedings
126Change in circumstances following lodging of defence statement: summary proceedings
Sections 121 to 126: general
127Sections 121 to 126: no need to disclose same information more than once
Court rulings on disclosure
128Application by accused for ruling on disclosure
129Review of ruling under section 128
130Appeals against rulings under section 128
Effect of guilty plea
131Effect of guilty plea
Disclosure after conclusion of proceedings at first instance
132Sections 133 to 140: interpretation
133Duty to disclose after conclusion of proceedings at first instance
134Continuing duty of prosecutor
135Application to prosecutor for further disclosure
136Further duty of prosecutor: conviction upheld on appeal
137Further duty of prosecutor: convicted persons
138Further duty of prosecutor: appeal against acquittal
Court rulings on disclosure: appellate proceedings
139Application by appellant for ruling on disclosure
140Review of ruling under section 139
Disclosure in relation to 2011 Act proceedings
140ASections 140B to 140F: interpretation
140BDuty to disclose on institution of 2011 Act proceedings
140CContinuing duty of prosecutor
140DApplication to prosecutor for further disclosure
Court rulings on disclosure: 2011 Act proceedings
140EApplication by respondent for ruling on disclosure
140FReview of ruling under section 140E
Applications to court: orders preventing or restricting disclosure
141Application for section 145 order
142Application for non-notification order or exclusion order
143Application for non-notification order and exclusion order
144Application for exclusion order
145Application for section 145 order: determination
Orders preventing or restricting disclosure: Secretary of State
146Order preventing or restricting disclosure: application by Secretary of State
147Application for ancillary orders: Secretary of State
148Application for restricted notification order and non-attendance order
149Application for non-attendance order
Special counsel
150Special counsel
151Persons eligible for appointment as special counsel
152Role of special counsel
Appeals
153Appeals
154Prohibition on disclosure pending determination of certain appeals
Review of section 145 and 146 orders
155Review of section 145 order
156Review of section 146 order
157Review by court of section 145 and 146 orders
Applications and reviews: general
158Applications and reviews: general provisions
General
159Exemptions from disclosure
160Means of disclosure
161Redaction of non-disclosable information by prosecutor
162Confidentiality of disclosed information
163Contravention of section 162
164Code of practice
165Acts of Adjournal
166Abolition of common law rules about disclosure
Interpretation of Part 6
167Interpretation of Part 6
PART 7MENTAL DISORDER AND UNFITNESS FOR TRIAL
168Criminal responsibility of persons with mental disorder
169Acquittal involving mental disorder: procedure
170Unfitness for trial
171Abolition of common law rules
PART 8LICENSING UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982
172Conditions to which licences under 1982 Act are to be subject
173Licensing: powers of entry and inspection for civilian employees
174Licensing of taxis and private hire cars
175Licensing of street trading: food hygiene certificates
176Licensing of public entertainment
177Licensing of late night catering
178Applications for licences
PART 9ALCOHOL LICENSING
179Premises licence applications: statements about disabled access etc.
180Premises licence applications: notification requirements
181Premises licence applications: modification of layout plans
182Reviews of premises licences: notification of determinations
183Premises licence applications: antisocial behaviour reports
184Premises licences: connected persons and interested parties
185Provisional premises licences: duration
186Premises licence applications: food hygiene certificates
187Provision of copies of licences to chief constable
188Sale of alcohol to trade
189Occasional licences
190Extended hours applications: notification period
191Extended hours applications: variation of conditions
192Personal licences
193Emergency closure orders
194Appeals
195Liability for offences
196False statements in applications: offence
197Powers of Licensing Standards Officers
198Further modifications of 2005 Act
PART 10MISCELLANEOUS
199Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998
200Modification of references to “Act”, “enactment” etc. in certain Acts of Parliament
PART 11GENERAL
201Orders and regulations
202Interpretation
203Modification of enactments
204Ancillary provision
205Transitional provision etc.
206Commencement and short title
SCHEDULE 1THE SCOTTISH SENTENCING COUNCIL
Membership
1(1) The Council consists of a chairing member, other judicial...
Procedure for appointment of members
2(1) It is for the Lord Justice General, after consulting...
Persons disqualified from membership
3A person is disqualified from appointment, and from holding office,...
Term of office
4(1) A member holds office for such period not exceeding...
Resignation and removal of members
5(1) A member appointed by the Lord Justice General may...
Suspension of judicial members
6A judicial member is suspended from acting as such during...
Chairing of the Council
7(1) The Lord Justice Clerk is to chair meetings of...
Committees
8The Council may establish committees comprising members of the Council....
Proceedings
9The Council may determine— (a) its own procedure (including the...
Validity of acts
10The validity of proceedings or actings of the Council is...
Ancillary powers
11The Council may do anything which it considers necessary or...
Delegation
12(1) Any function of the Council, other than the function...
Maladministration
13In the Scottish Public Services Ombudsman Act 2002 (asp 11),...
Freedom of information
14In the Freedom of Information (Scotland) Act 2002 (asp 13),...
SCHEDULE 2COMMUNITY PAYBACK ORDERS: CONSEQUENTIAL MODIFICATIONS
PART 1THE 1995 ACT
The 1995 Act
1The 1995 Act is amended as follows.
2In section 52H(3) (early termination of assessment order), the following...
3In section 52R(3) (termination of treatment order), the following are...
4In section 53(12)(a) (interim compulsion orders), for sub-paragraphs (vi) and...
5In section 57A(15)(a) (compulsion order), for sub-paragraphs (vi) and (vii)...
6In section 58(8) (order for hospital admission or guardianship), for...
7In section 106(1) (right of appeal), for paragraph (d) substitute—...
8In section 108 (Lord Advocate's right of appeal against disposal)—...
9In section 118(4) (disposal of appeals against sentence), after “(d),”...
10In section 121A(4) (suspension of certain sentences pending determination of...
11In section 173(2) (quorum of High Court in relation to...
12In section 175 (right of appeal)— (a) in subsection (2)—...
13In section 186 (appeals against sentence only), in each of...
14In section 187(1) (leave to appeal against sentence), for “175(2)(b)...
15In section 189(5) (disposal of appeal against sentence), after “175(2)(c)”...
16In section 193A(4) (suspension of certain sentences pending determination of...
17Sections 228 to 234 (probation) are repealed.
18In section 234H (disposal on revocation of drug treatment and...
19(1) Section 234J (concurrent drug treatment and testing and probation...
20Sections 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...
24In section 245J (breach of certain orders: adjourning hearing and...
25Sections 245K to 245Q (community reparation orders) are repealed.
26In section 246 (admonition and absolute discharge), in each of...
27In section 249(2) (compensation order against convicted person), for paragraph...
28In section 307 (interpretation)— (a) in subsection (1)—
29Schedules 6 and 7 are repealed.
PART 2OTHER ENACTMENTS
The Firearms Act 1968 (c.27)
30(1) The Firearms Act 1968 is amended as follows.
The Social Work (Scotland) Act 1968 (c.49)
31(1) The Social Work (Scotland) Act 1968 is amended as...
The Rehabilitation of Offenders Act 1974 (c.53)
32(1) The Rehabilitation of Offenders Act 1974 is amended as...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
33In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland)...
The Local Government and Planning (Scotland) Act 1982 (c.43)
34In section 24 of the Local Government and Planning (Scotland)...
The 1982 Act
35(1) The 1982 Act is amended as follows.
The Foster Children (Scotland) Act 1984 (c.56)
36In section 2 of the Foster Children (Scotland) Act 1984...
The Road Traffic Offenders Act 1988 (c.53)
37In section 46(3)(b) of the Road Traffic Offenders Act 1988...
The Jobseekers Act 1995 (c.18)
38In section 20D(5) of the Jobseekers Act 1995 (as inserted...
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)
39In Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland)...
The Proceeds of Crime (Scotland) Act 1995 (c.43)
40(1) The Proceeds of Crime (Scotland) Act 1995 is amended...
The Crime and Punishment (Scotland) Act 1997 (c.48)
41In the Crime and Punishment (Scotland) Act 1997, the following...
The Crime and Disorder Act 1998 (c.37)
42In the Crime and Disorder Act 1998, in Schedule 6...
The Powers of Criminal Courts (Sentencing) Act 2000 (c.6)
43In Schedule 9 to the Powers of Criminal Courts (Sentencing)...
The Criminal Justice and Court Services Act 2000 (c.43)
44(1) Schedule 7 to the Criminal Justice and Court Services...
The Social Security Fraud Act 2001 (c.11)
45(1) The Social Security Fraud Act 2001 is amended as...
The Justice (Northern Ireland) Act 2002 (c.26)
46In Schedule 4 to the Justice (Northern Ireland) Act 2002...
The Criminal Justice (Scotland) Act 2003 (asp 7)
47(1) The Criminal Justice (Scotland) Act 2003 is amended as...
The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
48In the Mental Health (Care and Treatment) (Scotland) Act 2003,...
The Criminal Justice Act 2003 (c.44)
49In Schedule 32 to the Criminal Justice Act 2003 (amendments...
The Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
50In the Antisocial Behaviour etc. (Scotland) Act 2004, the following...
The Management of Offenders etc. (Scotland) Act 2005 (asp 14)
51(1) The Management of Offenders etc. (Scotland) Act 2005 is...
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
52In the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, the...
The Criminal Justice and Immigration Act 2008 (c.4)
53In Part 1 of Schedule 4 to the Criminal Justice...
SCHEDULE 3SHORT-TERM CUSTODY AND COMMUNITY SENTENCES: CONSEQUENTIAL AMENDMENTS
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
1The Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)...
2In section 34 (period during which licence in force), for...
3In the following places after “section” insert “ 5, ”...
4In section 40 (compassionate release: effect of revocation in certain...
5(1) Section 42 (consideration by Parole Board) is amended as...
6After section 42 insert— Determination that section 42(3) applicable: consequences...
7(1) Section 45 (prisoner's right to request early reconsideration by...
8In 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...
11In section 56 (fine defaulters and persons in contempt of...
12In 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...
The 1995 Act
15The 1995 Act is amended in accordance with paragraphs 16...
16(1) Section 167 (forms of finding and sentence in summary...
17(1) Section 210A (extended sentences for sex and violent offenders)...
SCHEDULE 4CONVICTIONS BY COURTS IN OTHER EU MEMBER STATES: MODIFICATIONS OF ENACTMENTS
PART 1THE 1995 ACT
The 1995 Act
1The 1995 Act is amended as follows.
2In section 23C(2)(d)(i) (previous convictions to be taken into consideration...
3In section 27 (breach of bail conditions: offences), after subsection...
4In section 202(2) (deferred sentence), for “Great Britain” substitute “...
5In section 204 (restrictions on passing sentence of imprisonment or...
6In section 205B (minimum sentence for third conviction of certain...
7In section 275A (disclosure of accused's previous convictions where court...
8In section 307 (interpretation)— (a) in subsection (1), insert the...
PART 2OTHER ENACTMENTS
The 1982 Act
9In section 58 of the 1982 Act, after subsection (4)...
The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
10In section 27(1) of the Prisoners and Criminal Proceedings (Scotland)...
The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)
11(1) Section 9 of the Criminal Law (Consolidation) (Scotland) Act...
The Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
12In section 4(1) of the Custodial Sentences and Weapons (Scotland)...
The Sexual Offences (Scotland) Act 2009 (asp 9)
13(1) Section 39 of the Sexual Offences (Scotland) Act 2009...
SCHEDULE 5WITNESS ANONYMITY ORDERS: TRANSITIONAL
Interpretation
1In this schedule— “commencement” means the day on which section...
Pre-commencement anonymity orders: appeals
2(1) This paragraph applies where— (a) the High Court of...
SCHEDULE 6FURTHER MODIFICATIONS OF 2005 ACT
1The 2005 Act is amended in accordance with the following...
2In section 4 (the licensing objectives), subsection (2) is repealed....
3In section 21 (notification of premises licence applications), subsection (5)...
4In section 22 (objections and representations), subsection (2) is repealed....
5In 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...
8In section 44 (procedure where Licensing Board receives notice of...
9In section 57 (notification of occasional licence application to chief...
10(1) Section 59 (determination of occasional licence application) is amended...
11In section 69 (notification of extended hours application), in subsection...
12In 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...
16After section 84 insert— Power of chief constable to report...
17In section 148 (index of defined expressions), in the table,...
18In schedule 1 (Licensing Boards), in paragraph 10(4), the words...
SCHEDULE 7MODIFICATIONS OF ENACTMENTS
The Libel Act 1792 (c.60)
1The Libel Act 1792 is repealed.
The Criminal Libel Act 1819 (c.8)
2The Criminal Libel Act 1819 is repealed.
The False Oaths (Scotland) Act 1933 (c.20)
3The False Oaths (Scotland) Act 1933 is repealed.
The Public Records (Scotland) Act 1937 (c.43)
4In section 14 of the Public Records (Scotland) Act 1937...
The Law Officers Act 1944 (c.25)
5In section 2(3) of the Law Officers Act 1944 (Lord...
The Defamation Act 1952 (c.66)
6In the Defamation Act 1952, section 17(2) is repealed.
The Rehabilitation of Offenders Act 1974 (c.53)
7The Rehabilitation of Offenders Act 1974 is amended as follows....
8In section 1 (rehabilitated persons and spent convictions), in subsection...
9In section 6(6)(bb) (convictions in service disciplinary proceedings), for “the...
10The Schedule (service disciplinary proceedings) is renumbered as Schedule 1....
The Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34)
11In Schedule 1 to the Evidence (Proceedings in Other Jurisdictions)...
The 1982 Act
12The 1982 Act is amended as follows.
13In section 52 (indecent photographs etc. of children), subsection (7)...
14In section 64 (appeals against orders in relation to public...
The Incest and Related Offences (Scotland) Act 1986 (c.36)
15The Incest and Related Offences (Scotland) Act 1986 is repealed....
The Legal Aid (Scotland) Act 1986 (c.47)
16In section 22 of the Legal Aid (Scotland) Act 1986...
The Criminal Justice (Scotland) Act 1987 (c.41)
17In the Criminal Justice (Scotland) Act 1987, sections 51 to...
The Criminal Justice Act 1988 (c.33)
18In the Criminal Justice Act 1988, in Schedule 15 (minor...
The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
19In section 243(4)(b) of the Trade Union and Labour Relations...
The Criminal Justice and Public Order Act 1994 (c.33)
20In the Criminal Justice and Public Order Act 1994, in...
The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)
21The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as...
22Section 16 (powers of search) is repealed.
23In section 23 (interpretation of Part 2), in the definition...
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)
24In Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland)...
The 1995 Act
25The 1995 Act is amended as follows.
26After section 5 insert— Signing of warrants etc. outwith sheriff's...
27In section 10A (jurisdiction for transferred cases)—
28In section 11 (certain offences committed outside Scotland)—
29In section 17A (right of person accused of sexual offence...
30In section 18(8)(c) (power to take prints etc. under authority...
31In section 19(1)(b) (samples etc. taken from person convicted of...
32In section 19A (samples etc. from persons convicted of sexual...
33Section 20 (use of prints, samples, etc.) is repealed.
34In section 22 (liberation by police), subsections (1H), (2), (4),...
35In section 23A (bail and liberation where person already in...
36In section 35 (judicial examination), in subsection (4A)—
37In section 55(4) (acquittal at examination of facts)—
38The title of section 57 (disposal of case where accused...
39In section 57 (disposal of case where accused found to...
40In section 60C(7) (disapplication of provision where person acquitted on...
41In section 61 (requirements as to medical evidence)—
42The title of section 62 (appeal by accused in case...
43The title of section 63 (appeal by prosecutor in case...
44In section 66 (service and lodging of indictment etc.), in...
45In section 71 (first diet)— (a) in subsection (A1), for...
46In section 78(2) (which attracts the procedure for notifying special...
47In section 79 (preliminary pleas and preliminary issues), in subsection...
48In section 85 (juries: citation and attendance of jurors), in...
49In section 90D (review of orders under section 90B(1)(a) or...
50In section 102A (failure of accused to appear), for paragraph...
51In section 118(5) (disposal of appeal from solemn proceedings where...
52In section 136A (time limits for transferred and related cases),...
53In section 137B (transfer of sheriff court summary proceedings outwith...
54In section 140 (citation), in subsection (2A)—
55In section 144 (procedure at first diet), in subsection (3A)—...
56In section 146 (plea of not guilty), in subsection (3A)—...
57The title of section 190 (disposal of appeal where appellant...
58In section 190— (a) in subsection (1), for “insane when...
59In section 247 (effect of probation and absolute discharge)—
60In section 254 (search warrant for forfeited articles)–
61In section 258 (uncontroversial evidence), after subsection (4A) insert—
62In section 307 (interpretation), in subsection (1), after the definition...
The Offensive Weapons Act 1996 (c.26)
63In the Offensive Weapons Act 1996, section 5 is repealed....
The Defamation Act 1996 (c.31)
64In the Defamation Act 1996, section 20(2) is repealed.
The Crime and Punishment (Scotland) Act 1997 (c.48)
65The Crime and Punishment (Scotland) Act 1997 is amended as...
66In section 9 (power to specify hospital unit), in subsection...
67In section 13 (increase in sentences available to sheriff and...
68In section 56 (powers of the court on remand or...
The Terrorism Act 2000 (c.11)
69In paragraph 30 of Part II of Schedule 5 to...
The Protection of Children (Scotland) Act 2003 (asp 5)
70In section 10 of the Protection of Children (Scotland) Act...
The Criminal Justice (Scotland) Act 2003 (asp 7)
71In section 3 of the Criminal Justice (Scotland) Act 2003...
The Legal Deposit Libraries Act 2003 (c.28)
72Section 10 of the Legal Deposit Libraries Act 2003 (exemption...
The Sexual Offences Act 2003 (c.42)
73In section 135 of the Sexual Offences Act 2003 (interpretation:...
The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
74In the Criminal Procedure (Amendment) (Scotland) Act 2004 the following...
The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
75In section 8 of the Protection of Children and Prevention...
The Management of Offenders etc. (Scotland) Act 2005 (asp 14)
76In section 10 of the Management of Offenders etc. (Scotland)...
The Serious Organised Crime and Police Act 2005 (c.15)
77In section 65 of the Serious Organised Crime and Police...
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
78The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended...
79In section 7 (liberation on undertaking), in subsection (2), paragraphs...
80In section 74 (appointment of stipendiary magistrates), subsection (6) is...
81After section 74 insert— Exercise of functions by stipendiary magistrates...
82In section 76 (signing functions)— (a) in subsection (2), for...
83In the schedule (modification of enactments)— (a) paragraph 3(b) is...
The Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
84In section 32 of the Protection of Vulnerable Groups (Scotland)...
The Counter-Terrorism Act 2008 (c.28)
85In section 45 of the Counter-Terrorism Act 2008 (sentences or...
The Sexual Offences (Scotland) Act 2009 (asp 9)
86In section 55(7) of the Sexual Offences (Scotland) Act 2009...
The Coroners and Justice Act 2009 (c.25)
87In section 156 of the Coroners and Justice Act 2009...

Royal arms

Criminal Justice and Licensing (Scotland) Act 2010

2010 asp 13

An Act of the Scottish Parliament to make provision about sentencing, offenders and defaulters; to make provision about criminal law, procedure and evidence; to make provision about criminal justice and the investigation of crime (including police functions); to amend the law relating to the licensing of certain activities by local authorities; to amend the law relating to the sale of alcohol; and for connected purposes.