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The Criminal Justice (Scotland) Act 2016 (Commencement No. 1 and Saving Provision) Order 2016
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- Scottish Statutory Instruments
- 2016 No. 95 (C. 11)
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EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force section 84 of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) on 10th March 2016. Section 84 of the 2016 Act increases the maximum custodial term available to the Court when sentencing a person on indictment for offences committed under section 47 (prohibition of the carrying of offensive weapons), 49 (offence of having in public place article with blade or point), 49A (offence of having a blade or point (or offensive weapon) on school premises) or 49C (offence of having article with offensive weapon etc. in prison) of the Criminal Law Consolidation (Scotland) Act 1995 (c.39).
Article 3(1) saves the existing law in respect of offences committed prior to 10th March 2016. Article 3(2) provides that, if an offence is committed over a period of two days or more, or sometime during a period of two days or more, the offence is taken to have been committed on the first of these days.
The Bill for the 2016 Act received Royal Assent on 13th January 2016. Sections 71, 73 to 77 and 115 to 118 came into force on the following day.
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