Point in time view as at 01/09/2015. This version of this schedule contains provisions that are prospective.
Criminal Procedure (Scotland) Act 1995, SCHEDULE 1 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
1SAny offence under Part I of the M1Criminal Law (Consolidation) (Scotland) Act 1995.
Prospective
[F11ASAny offence under section 18 (rape of a young child) or 28 (having intercourse with an older child) of the Sexual Offences (Scotland) Act 2009 (asp 9).
Textual Amendments
F1Sch. 1 paras. 1A -1D inserted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61, 62(2), Sch. 5 para. 2(8)(a); S.S.I. 2010/357, art. 2(a)
Prospective
1BSAny offence under section 19 (sexual assault on a young child by penetration) or 29 (engaging in penetrative sexual activity with or towards an older child) of that Act.
Textual Amendments
F1Sch. 1 paras. 1A -1D inserted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61, 62(2), Sch. 5 para. 2(8)(a); S.S.I. 2010/357, art. 2(a)
Prospective
1CSAny offence under section 20 (sexual assault on a young child) or 30 (engaging in sexual activity with or towards an older child) of that Act.
Textual Amendments
F1Sch. 1 paras. 1A -1D inserted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61, 62(2), Sch. 5 para. 2(8)(a); S.S.I. 2010/357, art. 2(a)
Prospective
1DSAny offence under section 42 of that Act (sexual abuse of trust) towards a child under the age of 17 years but only if the condition set out in section 43(6) of that Act is fulfilled.]
Textual Amendments
F1Sch. 1 paras. 1A -1D inserted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61, 62(2), Sch. 5 para. 2(8)(a); S.S.I. 2010/357, art. 2(a)
2SAny offence under section 12, 15, 22 or 33 of the M2Children and Young Persons (Scotland) Act 1937.
Marginal Citations
[F22ASAny offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005 where the person mutilated or, as the case may be, proposed to be mutilated, is a child under the age of 17 years.]
Textual Amendments
F2Sch. 1 para. 2A inserted (1.9.2005) by Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8), ss. 7(1), 8(2)
[F32BSAny offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 in relation to an indecent photograph [F4or pseudo-photograph] of a child under the age of 17 years.
Textual Amendments
F3Sch. 1 para. 2B, 2C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20(2), Sch. para. 2; S.S.I. 2005/480, art. 2 (with savings in art. 3)
F4Words in Sch. 1 para. 2B inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 41(2), 206(1); S.S.I. 2010/413, art. 2, Sch.
2CSAny offence under section 1, 9, 10, 11 or 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 in respect of a child under the age of 17 years.]
Textual Amendments
F3Sch. 1 para. 2B, 2C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20(2), Sch. para. 2; S.S.I. 2005/480, art. 2 (with savings in art. 3)
3SAny other offence involving bodily injury to a child under the age of 17 years.
4SAny offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.
Prospective
[F54ASAny offence under section 5 (coercing a person into being present during a sexual activity), 6 (coercing a person into looking at a sexual image), 7 (communicating indecently etc.), 8 (sexual exposure) or 9 (voyeurism) of the Sexual Offences (Scotland) Act 2009 (asp 9) towards a child under the age of 17 years.
Textual Amendments
F5Sch. 1 paras. 4A, 4B inserted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61, 62(2), Sch. 5 para. 2(8)(b); S.S.I. 2010/357, art. 2(a)
Prospective
4BSAny offence under any of sections 21 to 26 or 31 to 37 of that Act (certain sexual offences relating to children).]
Textual Amendments
F5Sch. 1 paras. 4A, 4B inserted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61, 62(2), Sch. 5 para. 2(8)(b); S.S.I. 2010/357, art. 2(a)
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