Criminal Justice and Licensing (Scotland) Act 2010
Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13)
- Criminal Justice and Licensing (Scotland) Act 2010 (2010 asp 13)
- PART 1 SENTENCING
- The Scottish Sentencing Council
- 1 The Scottish Sentencing Council
- 2 The Council's objectives
- 3 Sentencing guidelines
- 4 Consultation on proposed sentencing guidelines
- 5 Approval of sentencing guidelines by High Court
- 6 Effect of sentencing guidelines
- 7 Ministers' power to request that sentencing guidelines be prepared or reviewed
- 8 High Court's power to require preparation or review of sentencing guidelines
- 8A Sheriff Appeal Court's power to require preparation or review of sentencing guidelines
- 9 Publication of High Court and Sheriff Appeal Court guideline judgments
- 10 Scottish Court Service to provide sentencing information to the Council
- 11 The Council's power to provide information, advice etc.
- 12 Business plan
- 13 Annual report
- Community payback orders
- 14 Community payback orders
- Non-harassment orders
- 15 Non-harassment orders
- Short sentences
- 16 Short periods of detention
- 17 Presumption against short periods of imprisonment
- 18 Amendments of Custodial Sentences and Weapons (Scotland) Act 2007
- 19 Early removal of certain short-term prisoners from the United Kingdom
- Other sentencing measures
- 20 Reports about supervised persons
- 21 Detention of children convicted on indictment
- 22 Pre-sentencing reports about organisations
- 23 Extended sentences for certain sexual offences
- 24 Effect of probation and absolute discharge
- 25 Offences aggravated by racial or religious prejudice
- 26 Voluntary intoxication by alcohol: effect in sentencing
- 27 Mutual recognition of judgments and probation decisions
- PART 2 CRIMINAL LAW
- Serious organised crime
- 28 Involvement in serious organised crime
- 29 Offences aggravated by connection with serious organised crime
- 30 Directing serious organised crime
- 31 Failure to report serious organised crime
- Genocide, crimes against humanity and war crimes
- 32 Genocide, crimes against humanity and war crimes: UK residents
- 33 Genocide, crimes against humanity and war crimes: retrospective application
- Articles banned in prison
- 34 Articles banned in prison
- Crossbows, knives etc.
- 35 Sale and hire of crossbows to persons under 18
- 36 Sale and hire of knives and certain other articles to persons under 18
- Offensive weapons etc.
- 37 Offensive weapons etc.
- Threatening or abusive behaviour
- 38 Threatening or abusive behaviour
- Stalking
- 39 Offence of stalking
- 39A Offence of stalking committed outside the United Kingdom
- Sexual offences
- 40 Certain sexual offences by non-natural persons
- 41 Indecent images of children
- 42 Extreme pornography
- 43 Voyeurism: additional forms of conduct
- 44 Sexual offences: defences in relation to offences against older children
- 45 Penalties for offences of brothel-keeping and living on the earnings of prostitution
- People trafficking
- 46 People trafficking
- Slavery, servitude and forced or compulsory labour
- 47 Slavery, servitude and forced or compulsory labour
- Fraud and embezzlement
- 48 Alternative charges for fraud and embezzlement
- 49 Articles for use in fraud
- Conspiracy
- 50 Conspiracy to commit offences outwith Scotland
- Abolition of offences of sedition and leasing-making
- 51 Abolition of offences of sedition and leasing-making
- PART 3 CRIMINAL PROCEDURE
- Children
- 52 Prosecution of children
- Offences: liability of partners
- 53 Offences: liability of partners
- Witness statements
- 54 Witness statements
- Police liberation
- 55 Breach of undertaking
- Grant of warrants
- 56 Grant of warrants for execution by constables and police members of SCDEA
- Bail
- 57 Bail review applications
- 58 Bail condition for identification procedures etc.
- 59 Bail conditions: remote monitoring requirements
- Prosecution on indictment
- 60 Prosecution on indictment: Scottish Law Officers
- Transfer of justice of the peace court cases
- 61 Transfer of justice of the peace court cases
- Additions to complaint
- 62 Additional charge where bail etc. breached
- Dockets and charges in sex cases
- 63 Dockets and charges in sex cases
- Remand and committal of children
- 64 Remand and committal of children and young persons
- Prosecution of organisations
- 65 Meaning of “organisation”
- 66 Proceedings on indictment against organisations
- 67 Prosecution of organisations by summary procedure
- 68 Manner of citation of organisations in summary proceedings
- Personal conduct of case by accused
- 69 Prohibition of personal conduct of case by accused in certain proceedings
- Disclosure of convictions etc.
- 70 Disclosure of convictions and non-court disposals
- 71 Convictions by courts in other EU member States
- Appeals: time limits
- 72 Time limits for lodging certain appeals
- Crown appeals
- 73 Submissions as to sufficiency of evidence
- 74 Prosecutor's right of appeal
- 75 Power of High Court in appeal under section 107A of 1995 Act
- 76 Further amendment of 1995 Act
- Retention and use of samples etc.
- 77 Retention of samples etc.
- 78 Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted
- 79 Retention of samples etc. taken or provided in connection with certain fixed penalty offences
- 80 Retention of samples etc. from children referred to children's hearings
- 81 Extension of section 19A of 1995 Act
- 82 Use of samples etc.
- Referrals from the Scottish Criminal Cases Review Commission
- 83 Referrals from Scottish Criminal Cases Review Commission: grounds for appeal
- PART 4 EVIDENCE
- 84 Admissibility of prior statements of witnesses: abolition of competence test
- 85 Witness statements: use during trial
- 86 Spouse or civil partner of accused a compellable witness
- 87 Special measures for child witnesses and other vulnerable witnesses
- 88 Child witnesses in proceedings for people trafficking offences
- 89 Amendment of Criminal Justice (Scotland) Act 2003
- 90 Witness anonymity orders
- 91 Television link evidence
- 92 European evidence warrants
- PART 5 CRIMINAL JUSTICE
- Jury service
- 93 Lists of jurors
- 94 Upper age limit for jurors
- 95 Excusal from jury service
- 96 Persons excusable from jury service
- Data matching for detection of fraud etc.
- 97 Data matching for detection of fraud etc.
- Sharing information with anti-fraud organisations
- 98 Sharing information with anti-fraud organisations
- Closure of premises associated with human exploitation etc.
- 99 Closure of premises associated with human exploitation etc.
- Sexual offences prevention orders
- 100 Sexual offences prevention orders
- Foreign travel orders
- 101 Foreign travel orders
- Sex offender notification requirements
- 102 Sex offender notification requirements
- Risk of sexual harm orders
- 103 Risk of sexual harm orders
- 104 Risk of sexual harm orders: spent convictions
- Obtaining information from outwith United Kingdom
- 105 Obtaining information from outwith United Kingdom
- Surveillance
- 106 Grant of authorisations for surveillance
- Interference with property
- 107 Authorisations to interfere with property etc.
- Amendments of Part 5 of Police Act 1997
- 108 Amendments of Part 5 of Police Act 1997
- Rehabilitation of offenders
- 109 Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974
- Medical services in prisons
- 110 Medical services in prisons
- Miscellaneous
- 111 Assistance for victim support
- 112 Public defence solicitors
- 113 Compensation for miscarriages of justice
- 114 Financial reporting orders
- 115 Compensation orders
- PART 6 DISCLOSURE
- Meaning of “information”
- 116 Meaning of “information”
- Provision of information to prosecutor
- 117 Provision of information to prosecutor: solemn cases
- 118 Continuing duty to provide information: solemn cases
- 119 Provision of information to prosecutor: summary cases
- 120 Continuing duty of investigating agency: summary cases
- Prosecutor's duty to disclose information
- 121 Prosecutor's duty to disclose information
- 122 Disclosure of other information: solemn cases
- 123 Continuing duty of prosecutor
- Defence statements
- 124 Defence statements: solemn proceedings
- 125 Defence statements: summary proceedings
- 126 Change in circumstances following lodging of defence statement: summary proceedings
- Sections 121 to 126: general
- 127 Sections 121 to 126: no need to disclose same information more than once
- Court rulings on disclosure
- 128 Application by accused for ruling on disclosure
- 129 Review of ruling under section 128
- 130 Appeals against rulings under section 128
- Effect of guilty plea
- 131 Effect of guilty plea
- Disclosure after conclusion of proceedings at first instance
- 132 Sections 133 to 140: interpretation
- 133 Duty to disclose after conclusion of proceedings at first instance
- 134 Continuing duty of prosecutor
- 135 Application to prosecutor for further disclosure
- 136 Further duty of prosecutor: conviction upheld on appeal
- 137 Further duty of prosecutor: convicted persons
- 138 Further duty of prosecutor: appeal against acquittal
- Court rulings on disclosure: appellate proceedings
- 139 Application by appellant for ruling on disclosure
- 140 Review of ruling under section 139
- Disclosure in relation to 2011 Act proceedings
- 140A Sections 140B to 140F: interpretation
- 140B Duty to disclose on institution of 2011 Act proceedings
- 140C Continuing duty of prosecutor
- 140D Application to prosecutor for further disclosure
- Court rulings on disclosure: 2011 Act proceedings
- 140E Application by respondent for ruling on disclosure
- 140F Review of ruling under section 140E
- Applications to court: orders preventing or restricting disclosure
- 141 Application for section 145 order
- 142 Application for non-notification order or exclusion order
- 143 Application for non-notification order and exclusion order
- 144 Application for exclusion order
- 145 Application for section 145 order: determination
- Orders preventing or restricting disclosure: Secretary of State
- 146 Order preventing or restricting disclosure: application by Secretary of State
- 147 Application for ancillary orders: Secretary of State
- 148 Application for restricted notification order and non-attendance order
- 149 Application for non-attendance order
- Special counsel
- 150 Special counsel
- 151 Persons eligible for appointment as special counsel
- 152 Role of special counsel
- Appeals
- 153 Appeals
- 154 Prohibition on disclosure pending determination of certain appeals
- Review of section 145 and 146 orders
- 155 Review of section 145 order
- 156 Review of section 146 order
- 157 Review by court of section 145 and 146 orders
- Applications and reviews: general
- 158 Applications and reviews: general provisions
- General
- 159 Exemptions from disclosure
- 160 Means of disclosure
- 161 Redaction of non-disclosable information by prosecutor
- 162 Confidentiality of disclosed information
- 163 Contravention of section 162
- 164 Code of practice
- 165 Acts of Adjournal
- 166 Abolition of common law rules about disclosure
- Interpretation of Part 6
- 167 Interpretation of Part 6
- PART 7 MENTAL DISORDER AND UNFITNESS FOR TRIAL
- 168 Criminal responsibility of persons with mental disorder
- 169 Acquittal involving mental disorder: procedure
- 170 Unfitness for trial
- 171 Abolition of common law rules
- PART 8 LICENSING UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982
- 172 Conditions to which licences under 1982 Act are to be subject
- 173 Licensing: powers of entry and inspection for civilian employees
- 174 Licensing of taxis and private hire cars
- 175 Licensing of street trading: food hygiene certificates
- 176 Licensing of public entertainment
- 177 Licensing of late night catering
- 178 Applications for licences
- PART 9 ALCOHOL LICENSING
- 179 Premises licence applications: statements about disabled access etc.
- 180 Premises licence applications: notification requirements
- 181 Premises licence applications: modification of layout plans
- 182 Reviews of premises licences: notification of determinations
- 183 Premises licence applications: antisocial behaviour reports
- 184 Premises licences: connected persons and interested parties
- 185 Provisional premises licences: duration
- 186 Premises licence applications: food hygiene certificates
- 187 Provision of copies of licences to chief constable
- 188 Sale of alcohol to trade
- 189 Occasional licences
- 190 Extended hours applications: notification period
- 191 Extended hours applications: variation of conditions
- 192 Personal licences
- 193 Emergency closure orders
- 194 Appeals
- 195 Liability for offences
- 196 False statements in applications: offence
- 197 Powers of Licensing Standards Officers
- 198 Further modifications of 2005 Act
- PART 10 MISCELLANEOUS
- 199 Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998
- 200 Modification of references to “Act”, “enactment” etc. in certain Acts of Parliament
- PART 11 GENERAL
- 201 Orders and regulations
- 202 Interpretation
- 203 Modification of enactments
- 204 Ancillary provision
- 205 Transitional provision etc.
- 206 Commencement and short title
- SCHEDULE 1 THE SCOTTISH SENTENCING COUNCIL
- Membership
- Procedure for appointment of members
- Persons disqualified from membership
- Term of office
- Resignation and removal of members
- Suspension of judicial members
- Remuneration and expenses of members
- Chairing of the Council
- Committees
- Proceedings
- Validity of acts
- Ancillary powers
- Delegation
- Maladministration
- Freedom of information
- SCHEDULE 2 COMMUNITY PAYBACK ORDERS: CONSEQUENTIAL MODIFICATIONS
- PART 1 THE 1995 ACT
- The 1995 Act
- PART 2 OTHER ENACTMENTS
- The Firearms Act 1968 (c.27)
- The Social Work (Scotland) Act 1968 (c.49)
- The Rehabilitation of Offenders Act 1974 (c.53)
- The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
- The Local Government and Planning (Scotland) Act 1982 (c.43)
- The 1982 Act
- The Foster Children (Scotland) Act 1984 (c.56)
- The Road Traffic Offenders Act 1988 (c.53)
- The Jobseekers Act 1995 (c.18)
- The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)
- The Proceeds of Crime (Scotland) Act 1995 (c.43)
- The Crime and Punishment (Scotland) Act 1997 (c.48)
- The Crime and Disorder Act 1998 (c.37)
- The Powers of Criminal Courts (Sentencing) Act 2000 (c.6)
- The Criminal Justice and Court Services Act 2000 (c.43)
- The Social Security Fraud Act 2001 (c.11)
- The Justice (Northern Ireland) Act 2002 (c.26)
- The Criminal Justice (Scotland) Act 2003 (asp 7)
- The Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
- The Criminal Justice Act 2003 (c.44)
- The Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
- The Management of Offenders etc. (Scotland) Act 2005 (asp 14)
- The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
- The Criminal Justice and Immigration Act 2008 (c.4)
- SCHEDULE 3 SHORT-TERM CUSTODY AND COMMUNITY SENTENCES: CONSEQUENTIAL AMENDMENTS
- Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
- The 1995 Act
- SCHEDULE 4 CONVICTIONS BY COURTS IN OTHER EU MEMBER STATES: MODIFICATIONS OF ENACTMENTS
- PART 1 THE 1995 ACT
- The 1995 Act
- PART 2 OTHER ENACTMENTS
- The 1982 Act
- The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
- The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)
- The Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
- The Sexual Offences (Scotland) Act 2009 (asp 9)
- SCHEDULE 5 WITNESS ANONYMITY ORDERS: TRANSITIONAL
- Interpretation
- Pre-commencement anonymity orders: appeals
- SCHEDULE 6 FURTHER MODIFICATIONS OF 2005 ACT
- SCHEDULE 7 MODIFICATIONS OF ENACTMENTS
- The Libel Act 1792 (c.60)
- The Criminal Libel Act 1819 (c.8)
- The False Oaths (Scotland) Act 1933 (c.20)
- The Public Records (Scotland) Act 1937 (c.43)
- The Law Officers Act 1944 (c.25)
- The Defamation Act 1952 (c.66)
- The Rehabilitation of Offenders Act 1974 (c.53)
- The Evidence (Proceedings in Other Jurisdictions) Act 1975 (c.34)
- The 1982 Act
- The Incest and Related Offences (Scotland) Act 1986 (c.36)
- The Legal Aid (Scotland) Act 1986 (c.47)
- The Criminal Justice (Scotland) Act 1987 (c.41)
- The Criminal Justice Act 1988 (c.33)
- The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)
- The Criminal Justice and Public Order Act 1994 (c.33)
- The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)
- The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40)
- The 1995 Act
- The Offensive Weapons Act 1996 (c.26)
- The Defamation Act 1996 (c.31)
- The Crime and Punishment (Scotland) Act 1997 (c.48)
- The Terrorism Act 2000 (c.11)
- The Protection of Children (Scotland) Act 2003 (asp 5)
- The Criminal Justice (Scotland) Act 2003 (asp 7)
- The Legal Deposit Libraries Act 2003 (c.28)
- The Sexual Offences Act 2003 (c.42)
- The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
- The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
- The Management of Offenders etc. (Scotland) Act 2005 (asp 14)
- The Serious Organised Crime and Police Act 2005 (c.15)
- The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
- The Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
- The Counter-Terrorism Act 2008 (c.28)
- The Sexual Offences (Scotland) Act 2009 (asp 9)
- The Coroners and Justice Act 2009 (c.25)
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