PART 4Council Framework Decision 2008/675/JHA on taking account of convictions in the member States of the European Union in the course of new criminal proceedings
Amendment of the Criminal Procedure (Scotland) Act 199513
1
The Criminal Procedure (Scotland) Act 199525 is amended as follows.
2
In section 23C(2)(d)(i)26 (grounds relevant as to question of bail) for “the European Union” substitute “Scotland”.
3
In section 23D(5)(b)27 (restriction on bail in certain solemn cases)—
a
at the beginning insert “if the court considers appropriate”, and
b
omit “other than the United Kingdom”.
4
In section 27 (breach of bail conditions: offences) for subsection (3A)28 substitute—
3A
The reference in subsection (3)(b) to any previous conviction of an offence under subsection (1)(b) includes—
a
any previous conviction by a court in England and Wales or Northern Ireland, and
b
if the court considers appropriate, any previous conviction by a court in a member State of the European Union,
of an offence that is equivalent to an offence under subsection (1)(b).
5
In section 6929 (notice of previous convictions) after subsection (7) insert—
8
Any reference in this section to a previous conviction includes, where relevant, a conviction by a court in any part of the United Kingdom or in any member State of the European Union.
6
In section 10130 (previous convictions: solemn proceedings) after subsection (11) insert—
12
Any reference in this section to a previous conviction includes, where relevant, a conviction by a court in any part of the United Kingdom or in any member State of the European Union.
7
In section 101A(5)31 (post-offence convictions etc.) for “in any other” substitute “, where the court considers appropriate, in any”.
8
In section 16632 (previous convictions: summary proceedings) after subsection (11) insert—
12
Any reference in this section to a previous conviction includes, where relevant, a conviction by a court in any part of the United Kingdom or in any member State of the European Union.
9
In section 166A(5)33 (post-offence convictions etc.) for “in any other” substitute “, where the court considers appropriate, in any”.
10
In section 202(2)34 (deferred sentence) for “in another” substitute “, where the court which deferred sentence considers appropriate, by a court in any”.
11
In section 204 (restrictions on passing sentence of imprisonment or detention)—
a
in subsections (1) and (2)35 for “in another” substitute “or, where the court passing sentence considers appropriate, by a court in any”, and
b
in subsection (4A)36 omit “other than the United Kingdom”.
12
In section 205B37 (minimum sentence for third conviction of certain offences relating to drug trafficking)—
a
in subsection (1A)(b) for “other than the United Kingdom” substitute “which the court passing sentence considers appropriate to take into account”,
b
after subsection (5) insert—
6
Any reference in this section to a previous conviction includes, where relevant, a conviction by a court in any part of the United Kingdom or in any member State of the European Union.
13
In section 210C(1)38 (risk assessment report) after “convicted person” insert “, including a conviction by a court in any part of the United Kingdom or in any member State of the European Union,”.
14
In section 271S(2)(e)39 (relevant considerations) after “of the witness” insert “, including any convictions by a court in any part of the United Kingdom or in any member State of the European Union,”.
15
In section 275A40(disclosure of accused’s previous convictions where court allows questioning or evidence under section 275)—
a
in subsection (2) for “Any” substitute “Subject to subsection (2A) any”,
b
after subsection (2) insert—
2A
Where the conviction is a relevant conviction by virtue of subsection (10)(aa)(ii), subsection (2) applies only if the judge considers it appropriate.
c
in subsection (3) for “such a conviction” substitute “a conviction referred to in subsection (2)”, and
d
for subsection (10)(aa)41 substitute—
10
aa
a conviction by a court in—
i
England and Wales or Northern Ireland, or
ii
a member State of the European Union,
of an offence that is equivalent to one to which section 288C of this Act applies by virtue of subsection (2) thereof, or
16
In section 28642 (previous convictions: proof in support of substantive charge)—
a
in subsection (1) after “previous conviction” insert “including a conviction by a court in a member State of the European Union”,
b
in subsection (3) for “another” substitute “a”.
17
In section 286A(1)43 (proof of previous conviction by court in other member State) for “another” substitute “a”.
18
In section 307(5)(a)44 (interpretation) omit “or in any other member State of the European Union”.