Abusive Behaviour and Sexual Harm (Scotland) Act 2016
PART 1Abusive behaviour
Abusive behaviour towards partner or ex-partner
1Aggravation of offence where abuse of partner or ex-partner
1APresumption as to the relationship
Disclosure of an intimate photograph or film
2Disclosing, or threatening to disclose, an intimate photograph or film
3Interpretation of section 2
4Section 2: special provision in relation to providers of information society services
Non-harassment orders
5Making of non-harassment orders in criminal cases
PART 2Sexual harm
CHAPTER 1Jury directions relating to sexual offences
6Jury directions relating to sexual offences
CHAPTER 2Sexual acts outside Scotland
7Incitement to commit certain sexual acts elsewhere in the United Kingdom
8Commission of certain sexual offences elsewhere in the United Kingdom
9Commission of certain sexual offences outside the United Kingdom
CHAPTER 3Sexual harm prevention orders
Meaning of sexual harm
10Meaning of sexual harm
Circumstances where sexual harm prevention order may be made
11Making of order on dealing with person for offence
12Making of order against qualifying offender on application to sheriff
13Qualifying offender: conviction etc. in Scotland
14Qualifying offender: conviction etc. elsewhere in United Kingdom
15Qualifying offender: conviction etc. outside United Kingdom
What order does
16Content and duration of order
17Prohibitions on foreign travel
Interaction with notification requirements
18Application of notification requirements where order made
19Cessation of order: relevant sexual offenders
Variation, renewal and discharge
20Variation, renewal and discharge
Interim orders
21Interim orders
Appeals
22Appeals
Requirement to serve order
23Requirement for clerk of court to serve order
Enforcement
24Offence of breaching order
Interpretation
25Interpretation of Chapter
CHAPTER 4Sexual risk orders
Meaning of harm
26Meaning of harm
Making of order
27Making of order
What order does
28Content and duration of order
29Prohibitions on foreign travel
Variation, renewal and discharge
30Variation, renewal and discharge
Interim orders
31Interim orders
Appeals
32Appeals
Requirement to serve order
33Requirement for clerk of court to serve order
Enforcement
34Offence of breaching order
35Application of notification requirements on breach of order
Interpretation
36Interpretation of Chapter
CHAPTER 5Equivalent orders elsewhere in United Kingdom
37Breach of orders equivalent to orders in Chapters 3 and 4: offence
38Breach of certain equivalent orders: application of notification requirements
CHAPTER 6Previous orders
39Repeals of provisions as to previous orders
40Saving and transitional provision
PART 3General
41Interpretation
42Ancillary provision
43Minor and consequential modifications
44Crown application
45Commencement
46Short title
SCHEDULE 1SECTION 2: SPECIAL PROVISION IN RELATION TO PROVIDERS OF INFORMATION SOCIETY SERVICES
Exceptions for mere conduits
1(1) A service provider is not capable of being guilty...
Exception for caching
2(1) This paragraph applies where an information society service consists...
Exception for hosting
3(1) A service provider is not capable of being guilty...
Interpretation
4(1) In this schedule— “information society services”— has the meaning...
SCHEDULE 2MINOR AND CONSEQUENTIAL MODIFICATIONS
Criminal Procedure (Scotland) Act 1995
1(1) The 1995 Act is amended as follows.
Police Act 1997
2(1) The Police Act 1997 is amended as follows.
Sexual Offences Act 2003
3(1) The 2003 Act is amended as follows.
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
4Subsections (1) to (5) of section 17 of the 2005...
Protection of Vulnerable Groups (Scotland) Act 2007
5Paragraph 1 of schedule 1 of the Protection of Vulnerable...
Sexual Offences (Scotland) Act 2009
6In section 54(8) of the 2009 Act, in the definition...
Criminal Justice and Licensing (Scotland) Act 2010
7The following provisions of the Criminal Justice and Licensing (Scotland)...
Police and Fire Reform (Scotland) Act 2012
8Paragraph 26 of schedule 7 of the Police and Fire...
Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)
9Article 4(1) of the Sexual Offences Act 2003 (Remedial) (Scotland)...
Anti-social Behaviour, Crime and Policing Act 2014
10Paragraphs 78 and 79 of schedule 11 of the Anti-social...

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Abusive Behaviour and Sexual Harm (Scotland) Act 2016

2016 asp 22

An Act of the Scottish Parliament to make provision about abusive behaviour; and to make provision about sexual harm including provision about directions to be given to juries in sexual offence cases and provision about orders to prevent future sexual harm.