116ZACopies of criminal record certificate or enhanced criminal record certificate

1

Subsection (2) applies where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate, and

b

the certificate does not include details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

2

The Scottish Ministers must send a copy of the certificate to the relevant person at the same time as they issue the certificate.

3

Subsections (4) and (5) apply where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

b

the certificate includes details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

4

Where—

a

the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual does not intend to make an application under section 116ZB(2), or

b

that period expires without the individual having notified the Scottish Ministers that the individual does intend to make such an application

the Scottish Ministers must send a copy of the certificate to the relevant person as soon as possible after receiving the notification or, as the case may be, the expiry of that period.

5

The Scottish Ministers must not send a copy of the certificate to the relevant person if the individual notifies the Scottish Ministers before the end of the period mentioned in section 116ZB(3)(a) that the individual intends to make an application under section 116ZB(2).

6

In this section, “relevant person” means—

a

in relation to a criminal record certificate issued under section 113A(1) or an enhanced criminal record certificate issued under section 113B(1), the person who countersigned the application for the certificate under section 113A(2)(a) or, as the case may be, 113B(2)(a),

b

in relation to a criminal record certificate issued under section 114(1) or an enhanced criminal record certificate issued under section 116(1), the person who made the statement in relation to the certificate under section 114(2) or, as the case may be, 116(2).

116ZBApplication for an order for a new criminal record certificate or enhanced criminal record certificate

1

This section applies where—

a

the Scottish Ministers issue a criminal record certificate or an enhanced criminal record certificate to an individual, and

b

the certificate includes details of a conviction for an offence listed in schedule 8B which is—

i

a spent conviction, but

ii

not a protected conviction.

2

The individual may apply to the sheriff for an order requiring the Scottish Ministers to issue a new certificate that does not include those details.

3

An application under subsection (2)—

a

may only be made if the individual, before the end of the period of 10 working days beginning with the date of the issue of the certificate, notifies the Scottish Ministers of an intention to make the application, and

b

must be made before the end of the period of 6 months beginning with the date on which that notification is given.

4

No finding of fact on which a conviction is based may be challenged in an application under subsection (2).

5

Proceedings in an application under subsection (2) may take place in private if the sheriff considers it appropriate in all the circumstances.

6

In determining an application under subsection (2) the sheriff must—

a

if satisfied that the details are not relevant to the purpose for which the certificate was required, allow the application,

b

otherwise, refuse the application.

7

The sheriff may allow the application in part where it relates to details in relation to two or more convictions.

8

The decision of the sheriff on an application is final.

9

Where the sheriff allows the application, the sheriff must order the Scottish Ministers—

a

to issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

b

to exclude from that certificate the details which the sheriff is satisfied are not relevant.

10

Where the sheriff refuses the application—

a

the Scottish Ministers must issue a new certificate to the individual as if the individual had made the application for the certificate under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1) on the date on which the sheriff makes the order,

b

the individual may not make an application under subsection (2) in relation to the details of the conviction in connection with the new certificate (or any subsequent certificate issued in relation to the original certificate application).

11

In subsection (10)(b), the “original certificate application” is the application for the certificate mentioned in subsection (1)(a).

12

Sections 116ZA and 117 apply to a new certificate issued under subsection (9) or (10)(a) as if the certificate had been issued under section 113A(1), 113B(1), 114(1) or, as the case may be, 116(1).

“protected conviction” is to be construed in accordance with section 126ZA.

126ZAProtected convictions

1

For the purposes of this Part a conviction is a protected conviction if—

a

it is a spent conviction, and

b

either—

i

it is not a conviction for an offence listed in schedule 8A or 8B, or

ii

it is a conviction for an offence listed in schedule 8B and at least one of the conditions specified in subsection (2) is satisfied.

2

The conditions are—

a

the disposal in respect of the conviction was an admonition or an absolute discharge,

b

the person was aged under 18 on the date of conviction and at least 7 years and 6 months have passed since the date of the conviction,

c

the person was aged 18 or over on the date of conviction and at least 15 years have passed since the date of the conviction.

3

In subsection (2)(a), the reference to an absolute discharge includes a reference to the discharge of the referral of a child’s case to a children’s hearing under—

a

section 69(1)(b) and (12) of the Children (Scotland) Act 199511, or

b

section 91(3)(b), 93(2)(b), 108(3)(b), or 119(3)(b) of the Children’s Hearings (Scotland) Act 201112.

126ZBOffences in schedules 8A and 8B

1

The Scottish Ministers may by regulations modify schedule 8A or 8B.

2

Regulations under subsection (1) are subject to the affirmative procedure.

SCHEDULE 8AOFFENCES WHICH MUST ALWAYS BE DISCLOSED

Common law offences

1

Abduction.

2

Abortion.

3

Assault to severe injury.

4

Assault with intent to rape or ravish.

5

Assault with intent to commit the statutory offence of rape.

6

Bestiality.

7

Cruel and unnatural treatment of persons.

8

Culpable homicide.

9

Drugging.

10

Extortion.

11

Hamesucken.

12

Hijacking.

13

Piracy.

14

Plagium.

15

Reset of plagium.

16

Treason.

17

Uttering threats.

Statutory offences

18Armed forces

An offence under section 42 of the Armed Forces Act 200614 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

Aviation and maritime

19

An offence under the Piracy Act 183715.

20

An offence under any of the following provisions of the Aviation Security Act 198216—

a

section 1 (hijacking);

b

section 2 (destroying, damaging or endangering safety of aircraft);

c

section 3 (other acts endangering or likely to endanger safety of aircraft); and

d

section 4 (offences in relation to certain dangerous articles).

21

An offence under section 9 of the Aviation and Maritime Security Act 199017 (hijacking of ships).

22

An offence under article 241 of the Air Navigation Order 200918 in respect of a contravention of article 137 of that Order (endangering safety of aircraft).

Children

23

An offence under section 12 of the Children and Young Persons (Scotland) Act 193719 (cruelty to persons under 16).

24

An offence under section 6 of the Child Abduction Act 198420 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

25Explosives

An offence under the Explosive Substances Act 188321.

Firearms and other weapons

26

An offence under any of the following provisions of the Firearms Act 196822—

a

section 16 (possession of firearm with intent to injure);

b

section 16A23 (possession of firearm with intent to cause fear or violence);

c

section 1724 (use of firearm to resist arrest); and

d

section 18 (carrying firearm with criminal intent).

27

An offence under the Chemical Weapons Act 199625.

28Forced marriage

An offence under section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland)26.

Human trafficking and exploitation

29

An offence under section 22 of the Criminal Justice (Scotland) Act 200327 (traffic in prostitution etc.).

30

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 200428 (trafficking people for exploitation).

31

An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 201029 (slavery, servitude and forced or compulsory labour).

32

An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 200530.

Medical professions etc.

33

An offence under section 10Z9 of the National Health Service (Scotland) Act 197831 (offences in relation to registration).

34

An offence under section 49 of the Medical Act 198332 (penalty for pretending to be registered).

35Serious organised crime

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201033—

a

section 28 (involvement in serious organised crime);

b

section 30 (directing serious organised crime); and

c

section 31 (failure to report serious organised crime).

Sexual offences

36

An offence under section 50(3) of the Customs and Excise Management Act 197934 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 187635, but only where the prohibited goods include indecent photographs of persons.

37

A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 199536 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

38

An offence under section 113 of the Sexual Offences Act 200337 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.).

39

An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.)38.

Stalking and harassment

40

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 199539 (racially aggravated harassment).

41

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 201040—

a

section 38 (threatening or abusive behaviour); and

b

section 39 (offence of stalking).

Terrorism

42

An offence under any of the following provisions of the Terrorism Act 200041—

a

section 11 (membership);

b

section 15 (fund-raising);

c

section 16 (use and possession);

d

section 17 (funding arrangements);

e

section 17A(2) or (4) (insurance payments made in response to terrorist demands)42;

f

section 18 (money laundering);

g

section 54 (weapons training)43;

h

section 56 (directing terrorist organisation);

i

section 57 (possession for terrorist purposes)44;

j

section 58 (collection of information)45;

k

section 58A (eliciting, publishing or communicating)46; and

l

section 61 (inciting terrorism overseas).

43

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 200147—

a

section 47 (use etc. of nuclear weapons);

b

section 50 (assisting or inducing certain weapons-related acts overseas);

c

section 52 (powers of entry);

d

section 54 (offences);

e

section 67 (offences);

f

section 79 (prohibition of disclosures relating to nuclear security)48;

g

section 80 (prohibition of disclosures of uranium enrichment technology)49;

h

section 113 (use of noxious substances or things to cause harm and intimidate)50;

i

section 114 (hoaxes involving noxious substances or things); and

j

paragraph 7 of Schedule 3 (offences).

44

An offence under the Terrorism Act 200651.

45

An offence under any of the following provisions of the Counter-Terrorism Act 200852—

a

section 54 (offences relating to notification);

b

paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence); and

c

paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction).

46Violent offender orders

An offence under section 113(1) of the Criminal Justice and Immigration Act 200853 (breach of violent offender order or interim violent offender order).

Vulnerable persons

47

An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 200354 (ill-treatment and wilful neglect of mentally disordered person).

48

An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 200755—

a

section 34 (barred individuals not to do regulated work);

b

section 35 (organisations not to use barred individuals for regulated work); and

c

section 36 (personnel suppliers not to supply barred individuals for regulated work).

49

Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 200756 (banning orders).

50Witness protection

An offence under any of the following provisions of the Serious Organised Crime and Police Act 200557—

a

section 86 (offence of disclosing information about protection arrangements); and

b

section 88 (offences of disclosing information relating to persons assuming new identity).

51Statutory aggravations

An offence to which section 29(1) of the Criminal Justice and Licensing (Scotland) Act 201058 applies (offences aggravated by connection with serious organised crime).

Other

Inchoate offences

52

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 51 of this Schedule.

53

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 51 of this Schedule.

54Superseded offences

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 53 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

55Combined offences

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 54 of this Schedule.

56Corresponding offences elsewhere in the UK or abroad

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 55 of this Schedule.

SCHEDULE 8BOFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES

Common law offences

1

Assault excluding any assault of a kind listed in Schedule 8A.

2

Attempting to defeat the ends of justice.

3

Attempting to pervert the course of justice.

4

Breach of the peace.

5

Clandestinely taking possession.

6

Culpable and reckless conduct.

7

Culpable and reckless endangering of the public.

8

Culpable and reckless fireraising.

9

Embezzlement.

10

False accusation of a crime.

11

Fraud.

12

Housebreaking with intent to steal.

13

Mobbing and rioting.

14

Opening a lockfast place with intent to steal.

15

Perjury.

16

Prevarication on oath.

17

Prison breaking.

18

Public indecency.

19

Reset (excluding reset of plagium).

20

Subornation of perjury.

21

Theft (excluding plagium).

22

Uttering.

23

Wilful fireraising.

Statutory offences

24Adult support and protection

An offence under section 49 of the Adult Support and Protection (Scotland) Act 200759 (obstruction).

25Adults with incapacity

An offence under section 83 of the Adults with Incapacity (Scotland) Act 200060 (offence of ill-treatment and wilful neglect).

Animals

26

An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 197461.

27

An offence under any of the following provisions of the Wildlife and Countryside Act 198162—

a

section 163 (protection of wild birds, their nests and eggs and prevention of poaching);

b

section 564 (prohibition of certain methods of killing or taking wild birds);

c

section 965 (protection of other wild animals and prevention of poaching);

d

section 1166 (prohibition of certain methods of killing or taking wild animals);

e

section 11A, 11B and 11C67 (offences in relation to snares);

f

section 14ZC68 (prohibition on keeping etc. of invasive animals or plants);

g

section 15A69 (possession of pesticides); and

h

section 18 (attempts to commit offences etc.), but only in relation to an offence listed in sub-paragraphs (a) to (g) of this paragraph.

28

An offence under the Dangerous Dogs Act 199170.

29

An offence under the Protection of Badgers Act 199271.

30

An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 199472—

a

regulation 3973 (protection of certain wild animals); and

b

regulation 4174 (prohibition of certain methods of taking or killing wild animals).

31

An offence under the Welfare of Animals (Slaughter or Killing) Regulations 199575.

32

An offence under the Wild Mammals Protection Act 199676.

33

An offence under the Protection of Wild Mammals (Scotland) Act 200277.

34

An offence under the Animal Health and Welfare (Scotland) Act 200678.

35Armed forces

An offence under section 42 of the Armed Forces Act 200679 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

Assaulting or hindering public officials

36

An offence under section 89 of the Police Act 199680 (assaults on constables).

37

An offence under section 32 of the Commissioners for Revenue and Customs Act 200581 (assault).

38

An offence under the Emergency Workers (Scotland) Act 200582.

39

An offence under section 85 of the Fire (Scotland) Act 200583 (false alarms).

40

An offence under section 90 of the Police and Fire Reform (Scotland) Act 201284 (assaulting or impeding police).

41Aviation

An offence under any of the following provisions of the Aviation Security Act 198285—

a

section 20B86 (detention direction); and

b

section 21FA87 (air cargo agents: documents).

42Bomb hoaxes

An offence under section 51 of the Criminal Law Act 197788 (bomb hoaxes).

43Bribery

An offence under the Bribery Act 201089.

Care services

44

An offence under any of the following provisions of the Regulation of Care (Scotland) Act 200190—

a

section 4591 (application for registration under Part 3); and

b

section 52 (use of title “social worker” etc.).

45

An offence under any of the following provisions of the Public Services Reform (Scotland) Act 201092—

a

section 80(1) (offences in relation to registration under Chapter 3);

b

section 81 (false statements in application under Chapter 3); and

c

section 90 (offences under Chapter 4).

46

An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 201193 (offences).

47

An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 201194 (offences).

48Charities

An offence under the Charities and Trustee Investment (Scotland) Act 200595.

49Child Support

An offence under section 50 of the Child Support Act 199196 (unauthorised disclosure of information).

50Crossbows

An offence under section 1 of the Crossbows Act 198797 (sale and letting on hire).

51Domestic abuse

An offence under section 2 of the Domestic Abuse (Scotland) Act 201198 (breach of domestic abuse interdict with power of arrest).

Drugs

52

An offence under any of the following provisions of the Misuse of Drugs Act 197199—

a

section 3100 (restriction of importation and exportation of controlled drugs);

b

section 4101 (restriction of production and supply of controlled drugs);

c

section 4A102 (aggravation of offence of supply of controlled drug);

d

section 5(3) (restriction of possession of controlled drugs);

e

section 6 (restriction of cultivation of cannabis plant);

f

section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);

g

section 12103 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

h

section 13104 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

i

section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

j

section 19105 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

k

section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

53

An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979106 in relation to goods prohibited to be imported under section 3(1) of the Misuse of Drugs Act 1971107 (restriction of importation and exportation of controlled drugs).

54

An offence under the Criminal Justice (International Co-operation) Act 1990108.

Escape from custody etc.

55

An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003109 (inducing and assisting absconding etc.).

56

An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012110 (escape from custody).

Financial Services

57

An offence under the Financial Services and Markets Act 2000111.

58

An offence under the Financial Services Act 2012112.

59Fire safety

An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences)113.

Firearms

60

An offence under the Firearms Act 1968114, except an offence under any of the following provisions—

a

section 16 (possession of firearm with intent to injure);

b

section 16A (possession of firearm with intent to cause fear or violence);

c

section 17 (use of firearm to resist arrest); and

d

section 18 (carrying firearm with criminal intent).

61

An offence under section 50(5) of the Civic Government (Scotland) Act 1982115 (drunk in possession of firearm).

62

An offence under the Firearms (Amendment) Act 1997116.

63

An offence under any of the following provisions of the Violent Crime Reduction Act 2006117—

a

section 28 (using someone to mind a weapon);

b

section 32 (sales of air weapons by way of trade or business to be face to face);

c

section 35 (restriction on sale and purchase of primers); and

d

section 36 (manufacture, import and sale of realistic imitation firearms).

Food safety and standards

64

An offence under any of the following provisions of the Food Safety Act 1990118—

a

section 7119 (rendering food injurious to health); and

b

section 9120 (inspection and seizure of suspected food).

65

An offence under regulation 4(b) of the General Food Regulations 2004121.

66Forced marriage

An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)122.

Fraud and forgery

67

An offence under the Forgery and Counterfeiting Act 1981123.

68

An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments)124.

69

An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud)125.

70

An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.)126.

Harassment

71

An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)127.

72

An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order)128.

Immigration, etc.

73

An offence under any of the following provisions of the Immigration Act 1971129—

a

section 24130 (illegal entry and similar offences);

b

section 24A131 (deception);

c

section 25132 (assisting unlawful immigration to member State);

d

section 25A133 (helping asylum-seeker to enter United Kingdom);

e

section 25B134 (assisting entry to United Kingdom in breach of deportation or exclusion order);

f

section 26135 (general offences in connection with administration of Act);

g

section 26A136 (registration card);

h

section 26B137 (possession of immigration stamp); and

i

section 27138 (offences by captains, owners or agents of ships or aircraft).

74

An offence under any of the following provisions of the Immigration and Asylum Act 1999139—

a

section 105 (false representations);

b

section 106 (dishonest representations);

c

any of the following paragraphs of Schedule 11—

i

paragraph 1 (obtaining certificates of authorisation by false pretences);

ii

paragraph 4140 (assaulting a detainee custody officer); and

iii

paragraph 5 (obstructing detainee custody officer); and

d

any of the following paragraphs of Schedule 12—

i

paragraph 3141 (failure to submit to a medical examination);

ii

paragraph 4142 (assisting detained persons to escape);

iii

paragraph 5 (bringing alcohol into a detention centre); and

iv

paragraph 6 (conveying articles into or out of a detention centre).

75

An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004143 (deportation or removal: cooperation).

76

An offence under section 21 of the Immigration, Asylum and Nationality Act 2006144 (offence).

77Insolvency

An offence under any of the following provisions of the Insolvency Act 1986145—

a

section 131146 (company’s statement of affairs);

b

section 206147 (fraud, etc. in anticipation of winding up);

c

section 208148 (misconduct in course of winding up);

d

section 216149 (restriction on re-use of company names); and

e

section 235150 (duty to co-operate with office-holder).

78Landmines

An offence under section 2 of the Landmines Act 1998151 (prohibited conduct).

Medicines

79

An offence under any of the following provisions of the Medicines Act 1968152—

a

section 45 (offences under Part II), but only in relation to a contravention of section 7(2) (general provisions as to dealing with medicinal products); and

b

section 67 (offences under Part III).

80

An offence under any of the following provisions of the Human Medicines Regulations 2012153—

a

regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

b

regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

81Mental health

An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements)154.

Neglect of duty

82

An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003155.

83

An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty)156.

Obscene material etc.

84

An offence under section 1(1) of the Indecent Displays Act 1981157 (indecent displays).

85

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982158 —

a

section 51159 (obscene material);

b

section 51A160 (extreme pornography); and

c

paragraph 19(3)161 of Schedule 2 (enforcement).

86

An offence under section 85(3) of the Postal Services Act 2000162 (prohibition on sending certain articles by post).

87

An offence under section 127(1) of the Communications Act 2003163 (improper use of public electronic communications network).

Offences in relation to children

88

An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937164—

a

section 15 (causing or allowing persons under 16 to be used for begging);

b

section 22 (exposing children under seven to risk of burning);

c

section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

d

section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

e

section 34 (restrictions on training for performances of a dangerous nature).

89

An offence under section 40(1) of the Children and Young Persons Act 1963165 (offences).

90

An offence under section 50(2) of the Civic Government (Scotland) Act 1982166 (drunk in charge of a child).

91

An offence under section 81 of the Children (Scotland) Act 1995167 (offences in connection with orders etc. for the protection of children).

92

An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011168—

a

section 59 (offences); and

b

section 171 (offences related to absconding).

93Offensive behaviour etc.

An offence under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012169.

Offensive weapons

94

An offence under the Restriction of Offensive Weapons Act 1959170.

95

An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979171 in relation to goods prohibited to be imported under—

a

section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

b

section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

96

An offence under any of the following provisions of the Criminal Justice Act 1988172—

a

section 141 (offensive weapons); and

b

section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

97

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995173—

a

section 47 (prohibition of the carrying of offensive weapons);

b

section 48 (search for offensive weapons);

c

section 49 (offence of having in a public place an article with a blade or point);

d

section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

e

section 49C (offence of having offensive weapon etc. in prison); and

f

section 50 (extension of constable’s power to stop, search and arrest without warrant).

Official Secrets Acts

98

An offence under the Official Secrets Act 1911174.

99

An offence under the Official Secrets Act 1920175.

100

An offence under the Official Secrets Act 1989176.

101Prisons

An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison)177.

Proceeds of crime and money laundering

102

An offence under any of the following provisions of the Proceeds of Crime Act 2002178—

a

Part 7179 (money laundering);

b

Part 8180 (investigations); and

c

section 453A181 (certain offences in relation to financial investigators).

103

An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013182.

104

An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015183.

Prostitution

105

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995184—

a

section 7185 (procuring);

b

section 9186 (permitting girl to use premises for intercourse);

c

section 11187 (trading in prostitution and brothel-keeping);

d

section 12 (allowing child to be in brothel); and

e

section 13(9)188 (living on earnings of another from male prostitution).

106

An offence under the Prostitution (Public Places) (Scotland) Act 2007189.

107Public order

An offence under any of the following provisions of the Public Order Act 1986190—

a

section 1 (riot);

b

section 2 (violent disorder);

c

section 3191 (affray);

d

section 4 (fear or provocation of violence);

e

section 4A192 (intentional harassment, alarm or distress);

f

section 5193 (harassment alarm or distress);

g

section 18194 (use of words or behaviour or display of written material);

h

section 19 (publishing or distributing written material);

i

section 20 (public performance of play);

j

section 21 (distributing, showing or playing a recording);

k

section 22 (broadcasting or including programme in cable programme service);

l

section 23 (possession of racially inflammatory material);

m

section 29B195 (use of words or behaviour or display of written material);

n

section 29C (publishing or distributing written material);

o

section 29D (public performance of play);

p

section 29E (distributing, showing or playing recording);

q

section 29F (broadcasting or including programme in programme service); and

r

section 29G (possession of inflammatory material).

108Road traffic

An offence under any of the following provisions of the Road Traffic Act 1988196—

a

section 1197 (causing death by dangerous driving);

b

section 1A198 (causing serious injury by dangerous driving);

c

section 2 (dangerous driving);

d

section 2B199 (causing death by careless, or inconsiderate, driving);

e

section 3ZB200 (causing death by driving: unlicensed or uninsured drivers);

f

section 3ZC201 (causing death by driving: disqualified drivers);

g

section 3ZD (causing serious injury by driving: disqualified drivers);

h

section 3A202 (causing death by careless driving when under influence of drink or drugs);

i

section 4(1)203 (driving, or being in charge, when under the influence of drink or drugs);

j

section 5(1)(a) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); and

k

section 178 (taking motor vehicle without authority, etc.).

109Sexual offences

An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009204 (older children engaging in sexual conduct with each other).

110Solicitors

An offence under the Solicitors (Scotland) Act 1980205.

Terrorism

111

An offence under any of the following provisions of the Terrorism Act 2000206—

a

section 12 (support);

b

section 13 (uniform);

c

section 19207 (disclosure of information: duty);

d

section 21A208 (failure to disclose: regulated sector);

e

section 21D209 (tipping off: regulated sector);

f

section 36 (police powers);

g

section 38B210 (information about acts of terrorism);

h

section 39211 (disclosure of information, &c.);

i

section 51 (offences);

j

section 116 (powers to stop and search);

k

paragraph 32 of Schedule 5 (urgent cases); and

l

paragraph 18 of Schedule 7212 (offences).

112

An offence under any of the following provisions of the Counter-Terrorism Act 2008213—

a

section 2 (offence of obstruction);

b

paragraph 30A of Schedule 7214 (offences: relevant person circumventing requirements); and

c

paragraph 31 of that Schedule (offences in connection with licences).

113Vets

An offence under any of the following provisions of the Veterinary Surgeons Act 1966215—

a

section 19216 (restriction of practice of veterinary surgery by unqualified persons); and

b

section 20217 (prohibition of use of practitioners’ titles by unqualified persons).

Miscellaneous statutory offences

114

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982218—

a

section 57219 (being in or on building etc. with intent to commit theft);

b

section 58 (convicted thief in possession)220; and

c

section 60221 (powers of search and seizure).

115

An offence under section 22 of the Rent (Scotland) Act 1984222 (unlawful eviction and harassment of occupier).

116

An offence under section 85(1) of the Postal Services Act 2000223 (prohibition on sending certain articles by post).

117

An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005224—

a

section 67 (offences in connection with disclosure notices or search warrants);

b

section 129225 (corresponding Scottish offence);

c

section 145 (interference with contractual relationships so as to harm animal research organisation); and

d

section 146226 (intimidation of persons connected with animal research organisation).

118Statutory aggravations

An offence (other than an offence listed in Schedule 8A) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009227 applies—

a

section 1(1) (prejudice relating to disability); or

b

section 2(1) (prejudice relating to sexual orientation or transgender identity).

Other

Inchoate offences

119

An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 118 of this Schedule.

120

An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 118 of this Schedule.

121Superseded offences

An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 120 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

122Combined offences

An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 121 of this Schedule.

123Corresponding offences elsewhere in the UK or abroad

An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 122 of this Schedule.