Criminal Procedure (Scotland) Act 1995

[F1 19AB [F2 Section 19AA: supplementary provision in sexual risk order cases] S

(1) This section applies where section 19AA of this Act applies by virtue of subsection (1)(b) or (c) of that section.

(2) A person who fails without reasonable excuse—

(a) to comply with a requirement made of him under section 19AA(8)(a) of this Act; or

(b) to allow relevant physical data to be taken from him, to provide relevant physical data, or to allow a sample to be taken from him, under section 19AA(3) of this Act,

shall be guilty of an offence.

(3) A person guilty of an offence under subsection (2) above shall be liable on summary conviction to the following penalties—

(a) a fine not exceeding level 4 on the standard scale;

(b) imprisonment for a period—

(i) where the conviction is in the district court, not exceeding 60 days; or

(ii) where the conviction is in the sheriff court, not exceeding 3 months; or

(c) both such fine and such imprisonment.

(4) Subject to subsection (6) below, all record of any relevant physical data taken from or provided by a person under section 19AA(3) of this Act, all samples taken from a person under that subsection and all information derived from such samples shall be destroyed as soon as possible following the person ceasing to be a person subject to any [F3 sexual risk orders].

(5) For the purpose of subsection (4) above, a person does not cease to be subject to a [F4 sexual risk order] where the person would be subject to such an order but for an order [F5 of a court considering an appeal against the making of a sexual risk order suspending the effect of the order pending the determination of the appeal].

(6) Subsection (4) above does not apply if before the duty to destroy imposed by that subsection would apply, the person—

(a) is convicted of an offence; or

(b) becomes subject to the notification requirements of Part 2 of the 2003 Act.

(7) In this section—

• F6 ...

• F6 ...

• [F7 “sexual risk order” means an order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, and also includes an order under section 122A or 123 of the 2003 Act;]

• “the 2003 Act” has the meaning given by section 19AA(14) of this Act; and

• “convicted” shall be construed in accordance with section 19A(6) of this Act.]

Textual Amendments

F1 Ss. 19AA, 19AB inserted (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(2), 104; S.S.I. 2006/432, art. 2(d)

F2 S. 19AB heading substituted (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 1(3)(d) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(1))

F3 Words in s. 19AB(4) substituted (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 1(3)(a) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(1))

F4 Words in s. 19AB(5) substituted (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 1(3)(b)(i) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(1))

F5 Words in s. 19AB(5) substituted (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 1(3)(b)(ii) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(1))

F6 Words in s. 19AB(7) omitted (31.3.2023) by virtue of Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 1(3)(c)(i) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(1))

F7 Words in s. 19AB(7) inserted (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 1(3)(c)(ii) (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(1))