Criminal Procedure (Scotland) Act 1995 (c. 46)

SCHEDULES

SCHEDULE 1 S Offences Against Children Under the Age of 17 Years to which Special Provisions Apply

1 S Any offence under Part I of the M1 Criminal Law (Consolidation) (Scotland) Act 1995.

Marginal Citations

M1 1995 c.39.

Prospective

[F1 1A S Any 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

F1 Sch. 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

1B S Any 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

F1 Sch. 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

1C S Any 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

F1 Sch. 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

1D S Any 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

F1 Sch. 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)

2 S Any offence under section 12, 15, 22 or 33 of the M2 Children and Young Persons (Scotland) Act 1937.

Marginal Citations

M2 1987 c. 41.

[F2 2A S Any 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

F2 Sch. 1 para. 2A inserted (1.9.2005) by Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8), ss. 7(1), 8(2)

[F3 2B S Any offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 in relation to an indecent photograph [F4 or pseudo-photograph] of a child under the age of 17 years.

Textual Amendments

F3 Sch. 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)

F4 Words 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.

2C S Any 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

F3 Sch. 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)

3 S Any other offence involving bodily injury to a child under the age of 17 years.

4 S Any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.

Prospective

[F5 4A S Any 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

F5 Sch. 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

4B S Any offence under any of sections 21 to 26 or 31 to 37 of that Act (certain sexual offences relating to children).]

Textual Amendments

F5 Sch. 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)