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Criminal Justice (Scotland) Act 2016
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- 2016 asp 1
- PART 1
- CHAPTER 7
- Disapplication of Part
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Criminal Justice (Scotland) Act 2016, Cross Heading: Disapplication of Part is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
Disapplication of PartS
58Disapplication in relation to service offencesS
(1)References in this Part to an offence do not include a service offence.
(2)Nothing in this Part applies in relation to a person who is arrested in respect of a service offence.
[F1(2A)This section is subject to Schedule 4 to the Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46).]
(3)In this section, “service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006.
Textual Amendments
F1S. 58(2A) inserted (25.1.2018) by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(2)(e), 24(2)
Commencement Information
I1S. 58 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.
59Disapplication in relation to [F2cases involving terrorism]S
(1)Nothing in this Part applies in relation to a person who is arrested under section 41(1) [F3or 43B(1)] of the Terrorism Act 2000.
(2)Subsection (1) is subject to paragraph 18 of Schedule 8 to the Terrorism Act 2000.
Textual Amendments
F2Words in s. 59 heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(w), Sch. 19 para. 5(a)
F3Words in s. 59(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(w), Sch. 19 para. 5(b)
Commencement Information
I2S. 59 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch.
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