[F144ASAn offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—
(a)the offender—
(i)was 18 or over, and
(ii)is or has been sentenced in respect of the offence to imprisonment for a term of more than 12 months, and
(b)in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should apply in relation to the offender.]
Textual Amendments
F1Sch. 3 para. 44A inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 42(3), 206(1); S.I. 2011/178, art. 2, Sch.
Modifications etc. (not altering text)
C1Sch. 3 para. 44A extended (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 3(2) (with art. 4(4))