- Latest available (Revised)
- Point in Time (01/10/2011)
- Original (As enacted)
Version Superseded: 25/01/2018
Point in time view as at 01/10/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Criminal Procedure (Scotland) Act 1995, Section 18D is up to date with all changes known to be in force on or before 15 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies to—
(a)relevant physical data taken from or provided by a person under section 18(2), and
(b)any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A),
where the conditions in subsection (2) are satisfied.
(2)The conditions are—
(a)the person was arrested or detained in connection with a fixed penalty offence,
(b)the relevant physical data or sample was taken from or provided by the person while the person was under arrest or being detained in connection with that offence,
(c)after the relevant physical data or sample was taken from or provided by the person, a constable gave the person under section 129(1) of the 2004 Act—
(i)a fixed penalty notice in respect of that offence (the “main FPN”), or
(ii)the main FPN and one or more other fixed penalty notices in respect of fixed penalty offences arising out of the same circumstances as the offence to which the main FPN relates, and
(d)the person, in relation to the main FPN and any other fixed penalty notice of the type mentioned in paragraph (c)(ii)—
(i)pays the fixed penalty, or
(ii)pays any sum that the person is liable to pay by virtue of section 131(5) of the 2004 Act.
(3)Subject to subsections (4) and (5), the relevant physical data, sample or information derived from a sample must be destroyed before the end of the period of 2 years beginning with—
(a)where subsection (2)(c)(i) applies, the day on which the main FPN is given to the person,
(b)where subsection (2)(c)(ii) applies and—
(i)the main FPN and any other fixed penalty notice are given to the person on the same day, that day,
(ii)the main FPN and any other fixed penalty notice are given to the person on different days, the later day.
(4)Where—
(a)subsection (2)(c)(i) applies, and
(b)the main FPN is revoked under section 133(1) of the 2004 Act,
the relevant physical data, sample or information derived from a sample must be destroyed as soon as possible after the revocation.
(5)Where—
(a)subsection (2)(c)(ii) applies, and
(b)the main FPN and any other fixed penalty notices are revoked under section 133(1) of the 2004 Act,
the relevant physical data, sample or information derived from a sample must be destroyed as soon as possible after the revocations.
(6)In this section—
“the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8),
“fixed penalty notice” has the meaning given by section 129(2) of the 2004 Act,
“fixed penalty offence” has the meaning given by section 128(1) of the 2004 Act.]
Textual Amendments
F1S. 18D inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 79, 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 6)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.