Abusive Behaviour and Sexual Harm (Scotland) Act 2016

1. Introductory Text

2. PART 1 Abusive behaviour

   1. Abusive behaviour towards partner or ex-partner

      1. 1. Aggravation of offence where abuse of partner or ex-partner

      2. 1A. Presumption as to the relationship

   2. Disclosure of an intimate photograph or film

      1. 2. Disclosing, or threatening to disclose, an intimate photograph or film

      2. 3. Interpretation of section 2

      3. 4. Section 2: special provision in relation to providers of information society services

   3. Non-harassment orders

      1. 5. Making of non-harassment orders in criminal cases

3. PART 2 Sexual harm

   1. CHAPTER 1 Jury directions relating to sexual offences

      1. 6. Jury directions relating to sexual offences

   2. CHAPTER 2 Sexual acts outside Scotland

      1. 7. Incitement to commit certain sexual acts elsewhere in the United Kingdom

      2. 8. Commission of certain sexual offences elsewhere in the United Kingdom

      3. 9. Commission of certain sexual offences outside the United Kingdom

   3. CHAPTER 3 Sexual harm prevention orders

      1. Meaning of sexual harm

         1. 10. Meaning of sexual harm

      2. Circumstances where sexual harm prevention order may be made

         1. 11. Making of order on dealing with person for offence

         2. 12. Making of order against qualifying offender on application to sheriff

         3. 13. Qualifying offender: conviction etc. in Scotland

         4. 14. Qualifying offender: conviction etc. elsewhere in United Kingdom

         5. 15. Qualifying offender: conviction etc. outside United Kingdom

      3. What order does

         1. 16. Content and duration of order

         2. 17. Prohibitions on foreign travel

      4. Interaction with notification requirements

         1. 18. Application of notification requirements where order made

         2. 19. Cessation of order: relevant sexual offenders

      5. Variation, renewal and discharge

         1. 20. Variation, renewal and discharge

      6. Interim orders

         1. 21. Interim orders

      7. Appeals

         1. 22. Appeals

      8. Requirement to serve order

         1. 23. Requirement for clerk of court to serve order

      9. Enforcement

         1. 24. Offence of breaching order

      10. Interpretation

          1. 25. Interpretation of Chapter

   4. CHAPTER 4 Sexual risk orders

      1. Meaning of harm

         1. 26. Meaning of harm

      2. Making of order

         1. 27. Making of order

      3. What order does

         1. 28. Content and duration of order

         2. 29. Prohibitions on foreign travel

      4. Variation, renewal and discharge

         1. 30. Variation, renewal and discharge

      5. Interim orders

         1. 31. Interim orders

      6. Appeals

         1. 32. Appeals

      7. Requirement to serve order

         1. 33. Requirement for clerk of court to serve order

      8. Enforcement

         1. 34. Offence of breaching order

         2. 35. Application of notification requirements on breach of order

      9. Interpretation

         1. 36. Interpretation of Chapter

   5. CHAPTER 5 Equivalent orders elsewhere in United Kingdom

      1. 37. Breach of orders equivalent to orders in Chapters 3 and 4: offence

      2. 38. Breach of certain equivalent orders: application of notification requirements

   6. CHAPTER 6 Previous orders

      1. 39. Repeals of provisions as to previous orders

      2. 40. Saving and transitional provision

4. PART 3 General

   1. 41. Interpretation

   2. 42. Ancillary provision

   3. 43. Minor and consequential modifications

   4. 44. Crown application

   5. 45. Commencement

   6. 46. Short title

5. 1. SCHEDULE 1

      SECTION 2: SPECIAL PROVISION IN RELATION TO PROVIDERS OF INFORMATION SOCIETY SERVICES

      1. Exceptions for mere conduits

         1. 1. (1) A service provider is not capable of being guilty...

      2. Exception for caching

         1. 2. (1) This paragraph applies where an information society service consists...

      3. Exception for hosting

         1. 3. (1) A service provider is not capable of being guilty...

      4. Interpretation

         1. 4. (1) In this schedule— “information society services”— has the meaning...

   2. SCHEDULE 2

      MINOR AND CONSEQUENTIAL MODIFICATIONS

      1. Criminal Procedure (Scotland) Act 1995

         1. 1. (1) The 1995 Act is amended as follows.

      2. Police Act 1997

         1. 2. (1) The Police Act 1997 is amended as follows.

      3. Sexual Offences Act 2003

         1. 3. (1) The 2003 Act is amended as follows.

      4. Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

         1. 4. Subsections (1) to (5) of section 17 of the 2005...

      5. Protection of Vulnerable Groups (Scotland) Act 2007

         1. 5. Paragraph 1 of schedule 1 of the Protection of Vulnerable...

      6. Sexual Offences (Scotland) Act 2009

         1. 6. In section 54(8) of the 2009 Act, in the definition...

      7. Criminal Justice and Licensing (Scotland) Act 2010

         1. 7. The following provisions of the Criminal Justice and Licensing (Scotland)...

      8. Police and Fire Reform (Scotland) Act 2012

         1. 8. Paragraph 26 of schedule 7 of the Police and Fire...

      9. Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (S.S.I. 2011/45)

         1. 9. Article 4(1) of the Sexual Offences Act 2003 (Remedial) (Scotland)...

      10. Anti-social Behaviour, Crime and Policing Act 2014

          1. 10. Paragraphs 78 and 79 of schedule 11 of the Anti-social...