Hyperlawhypertext legal database Crime and Punishment (Scotland) Act 1997 current to 2024-05-21

UKPGA-1997-48 Crime and Punishment (Scotland) Act 1997 UK

Current to 2024-05-21

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

Sentencing

Automatic sentences

s. 1 — Imprisonment for life on further conviction for certain offences.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 2 — Minimum sentence for third conviction of certain offences relating to drug trafficking.
s. 2(1)

After section 205 of the 1995 Act there shall be inserted the following section—.

s. 2(2)

In section 196 of the 1995 Act (sentence following guilty plea)—

s. 2(2)(a)

the existing words shall become subsection (1); and

s. 2(2)(b)

at the end there shall be added the following subsection—.

s. 3 — Meaning of “conviction”.

After section 205 of the 1995 Act there shall be inserted the following section—.

s. 4 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of liberty orders

s. 5 — Restriction of liberty orders.

After section 245 of the 1995 Act there shall be inserted the following sections—.

Mentally disordered offenders

s. 6 — Disposal in cases of mentally disordered offenders.
s. 6(1)

After section 59 of the 1995 Act (restriction orders), there shall be inserted the following section—.

s. 6(2)

In section 60 of the 1995 Act (appeals against disposal related to mental disorder)—

s. 6(2)(a)

for the words “or a restriction order” there shall be substituted the words “ , a restriction order or a hospital direction ”; and

s. 6(2)(b)

for the words “order in” there shall be substituted the words “ order or, as the case may be, direction in ”.

s. 6(3)

In section 204 of the 1995 Act (restrictions on the passing of sentence of imprisonment)—

s. 6(3)(a)

in subsection (2), the words from “and”, where it first occurs, to the end shall cease to have effect; and

s. 6(3)(b)

after subsection (2), there shall be inserted the following subsection—.

s. 6(4)

In section 207 of the 1995 Act (detention of young offenders), after subsection (4) there shall be inserted the following subsection—.

s. 6(5)

In section 307 of the 1995 Act (interpretation), after the definition of “hospital” there shall be inserted the following definition—.

s. 7 — Effect of hospital direction.

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s. 8 — Remand of persons suffering from mental disorder to private hospital.

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s. 9 — Power to specify hospital unit.

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s. 10 — Medical evidence in relation to mentally disordered offenders.
s. 10(1)

In section 53 of the 1995 Act (interim hospital orders)—

s. 10(1)(a)

in subsection (1), the words “subsection (2) below and” shall cease to have effect; and

s. 10(1)(b)

subsection (2) shall cease to have effect.

s. 10(2)

In section 61 of the 1995 Act (requirements as to medical evidence)—

s. 10(2)(a)

in subsection (1), for the words from “under” to “this Act” there shall be substituted the words “ in making a finding under section 54(1)(a) of this Act or under any of the relevant provisions ”;

s. 10(2)(b)

after subsection (1) there shall be inserted the following subsection—;

s. 10(2)(c)

in subsection (2), for the words “the said section 58(1)(a)” there shall be substituted the words “ any of the relevant provisions ”;

s. 10(2)(d)

in subsection (3), for the words “the said sections 54(1) and 58(1)(a)” there shall be substituted the words “ making a finding under section 54(1)(a) of this Act or of any of the relevant provisions ”; and

s. 10(2)(e)

after subsection (5) there shall be added the following subsection—.

s. 11 — Increase in maximum period of interim hospital orders.

In section 53 of the 1995 Act (interim hospital orders), in subsection (6), for the words “six months” there shall be substituted the words “ twelve months ”.

s. 12 — Sentence calculation where remand spent in hospital.

In section 210 of the 1995 Act (consideration of time spent in custody), in subsection (1)—

s. 12(a)

at the end of paragraph (a) there shall be inserted the words “ , or spent in hospital awaiting trial or sentence by virtue of an order made under section 52, 53 or 200 of this Act ”; and

s. 12(b)

in paragraph (c), after subparagraph (ii) there shall be inserted the following words—.

Increases in sentencing powers and penalties

s. 13 — Increase in sentences available to sheriff and district courts.
s. 13(1)

In section 3 of the 1995 Act (jurisdiction and powers of solemn courts)—

s. 13(1)(a)

in subsection (3), for the words “three years” there shall be substituted the words “ five years ”;

s. 13(1)(b)

in subsection (4), for the words “three years” there shall be substituted “ five years ”;

s. 13(1)(c)

after subsection (4) there shall be inserted the following subsection—; and

s. 13(1)(d)

in subsection (5), for the words “subsection (4)” there shall substituted the words “ subsections (4) and (4A) ”.

s. 13(2)

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s. 13(3)

In section 195(2) of the 1995 Act (remit to High Court for sentence where sheriff’s power limited by statute) for the words “three years”, in both places where they occur, there shall be substituted the words “ five years ”.

s. 13(4)

In paragraph 12 of Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (construction of references to penal servitude and hard labour), in sub-paragraph (3), for the words “two years” there shall be substituted the words “ five years ”.

s. 14 — Increase in maximum penalty for certain sexual offences.
s. 14(1)

In section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with girls under the age of 16 years)—

s. 14(1)(a)

in subsection (2), for the words “two years” there shall be substituted the words “ ten years ”; and

s. 14(1)(b)

in subsection (3), for the words “two years” there shall be substituted the words “ ten years ”.

s. 14(2)

In section 6 of that Act (indecent behaviour towards a girl aged between 12 and 16 years), for the words “two years” there shall be substituted the words “ ten years ”.

Powers of court to disqualify from driving

s. 15 — Driving disqualifications.
s. 15(1)

After section 248 of the 1995 Act there shall be inserted the following sections—.

s. 15(2)

In section 252(2) of the 1995 Act (application of fines provisions to compensation orders)—

s. 15(2)(a)

the word “and” in the third place where it occurs shall cease to have effect; and

s. 15(2)(b)

after the word “specified)” there shall be inserted the words.

s. 15(3)

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Miscellaneous

s. 16 — Designated life prisoners.
s. 16(1)

In section 2 of the 1993 Act (duty to release discretionary life prisoners)—

s. 16(1)(a)

for subsection (1) there shall be substituted the following subsection—; and

s. 16(1)(b)

in subsection (2)—

s. 16(1)(b)(i)

the word “and” shall cease to have effect; and

s. 16(1)(b)(ii)

after paragraph (b), there shall be inserted the words—.

s. 16(2)

Except in a case to which subsection (3A) or (3B) below applies, this subsection applies where, in the case of a person sentenced, prior to the coming into force of this section, in respect of a murder committed by him before he attained the age of 18 years, the Lord Justice General, whom failing the Lord Justice Clerk, after consultation with the trial judge, if available, certifies his opinion that, if section 2 of the 1993 Act, as amended by this Act, had been in force at the time when the prisoner was sentenced, the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

s. 16(3)

In a case to which subsection (2) above applies, Part I of the 1993 Act, except section 2(9), shall apply as if—

s. 16(3)(a)

the life prisoner concerned were a . . . life prisoner within the meaning of section 2 of that Act; and

s. 16(3)(b)

the punishment part of his sentence within the meaning of that section were the part specified in the certificate.

s. 16(3A)

This subsection applies in a case where a person—

s. 16(3A)(a)

was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and

s. 16(3A)(b)

has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date.

s. 16(3B)

This subsection applies in a case where a person—

s. 16(3B)(a)

was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and

s. 16(3B)(b)

has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above.

s. 16(3C)

In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence.

s. 16(4)

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Part II

Criminal Procedure

Appeals

s. 17 — Right of appeal.
s. 17(1)

In section 106 of the 1995 Act (right of appeal in solemn proceedings), for subsection (3) there shall be substituted the following subsections—.

s. 17(2)

In section 175 of the 1995 Act (right of appeal in summary proceedings), for subsection (5) there shall be substituted the following subsections—.

s. 18 — Automatic sentences: jurisdiction and appeals.
s. 18(1)

In section 106(1) of the 1995 Act (right of appeal), after paragraph (b) there shall be inserted the following paragraph—.

s. 18(2)

After section 108 of the 1995 Act, there shall be inserted the following section—

s. 18(3)

In section 112(1) of the 1995 Act (bail for appellants), in paragraph (b) after the words “section 108” there shall be inserted the words “ or 108A ”.

s. 18(4)

In section 116(2) of the 1995 Act (abandonment of part of appeal)—

s. 18(4)(a)

after the word “against”, in the second place where it occurs, there shall be inserted the words “ both conviction and a decision such as is mentioned in section 106(1)(bb) or ”; and

s. 18(4)(b)

for the words “or disposal” there shall be substituted the words “ or, as the case may be, decision, disposal ”.

s. 18(5)

In section 118 of the 1995 Act (disposal of appeals)—

s. 18(5)(a)

in subsection (4), for the words “section 106(1)(c)” there shall be substituted the words “ section 106(1)(bb) ”; and

s. 18(5)(b)

after subsection (4) there shall be inserted the following subsection—.

s. 18(6)

In section 121 of the 1995 Act (suspension of disqualification)—

s. 18(6)(a)

in paragraph (b) of subsection (1), for the words “or 108” there shall be substituted the words “ , 108 or 108A ”;

s. 18(6)(b)

in paragraph (b) of subsection (2), for the words “or 108” there shall be substituted the words “ , 108 or 108A ”;

s. 18(6)(c)

in subsection (4), for the words “or 108” there shall be substituted the words “ , 108 or 108A ”.

s. 18(7)

In section 125 of the 1995 Act (reckoning of time spent pending appeal)—

s. 18(7)(a)

in paragraph (b) of subsection (1), after the words “section 108” there shall be inserted the words “ or 108A ”; and

s. 18(7)(b)

in subsection (2), after the words “section 108” there shall be inserted the words “ or 108A ”.

s. 18(8)

In section 126 of the 1995 Act (extract convictions), in paragraph (b) for the words “or 108” there shall be substituted the words “ , 108 or 108A ”.

s. 19 — Appeal against automatic sentence where earlier conviction quashed.
s. 19(1)

After section 106 of the 1995 Act (appeals), there shall be inserted the following section—.

s. 19(2)

In section 110(1) of the 1995 Act (notes of appeal), in paragraph (a), for the words from “passing” to “sentence)” there shall be substituted the words “ appropriate date (being, as the case may be, the date on which sentence was passed, the order disposing of the case was made, sentence was deferred or the previous conviction was quashed as mentioned in section 106A(1)(c) or (2)(c) of this Act) ”.

s. 20 — Transfer of rights of appeal of deceased person.

After section 303 of the 1995 Act there shall be inserted—.

s. 21 — Increased rights of appeal of prosecutor.
s. 21(1)

For section 108 of the 1995 Act there shall be substituted the following section—.

s. 21(2)

For subsection (4) of section 175 of the 1995 Act there shall be substituted the following subsections—.

s. 22 — Appeal by prosecutor against hospital orders etc.

After section 60 of the 1995 Act there shall be inserted the following section—.

s. 23 — Appeals against orders under section 49 of the 1995 Act.

It shall be competent for a convicted person or a prosecutor to appeal against a decision made under section 49 of the 1995 Act (reference or remit to children’s hearing) to remit a case to the Principal Reporter and, accordingly—

s. 23(a)

in section 49(4) of that Act, at the beginning there shall be inserted the words “ Subject to any appeal against any decision to remit made under subsection (1)(a) above or (7)(b) below, ”;

s. 23(b)

in section 106(1) of that Act (right of appeal in solemn proceedings), after paragraph (d) there shall be inserted the following paragraph—; and

s. 23(c)

in subsection (2) of section 175 of that Act (right of appeal in summary proceedings), after paragraph (c) there shall be inserted the following paragraph—.

s. 24 — Suspension of certain sentences pending determination of appeal.
s. 24(1)

After section 121 of the 1995 Act, there shall be inserted the following section—.

s. 24(2)

After section 193 of the 1995 Act, there shall be inserted the following section—.

The Scottish Criminal Cases Review Commission

s. 25 — Scottish Criminal Cases Review Commission.
s. 25(1)

After Part X of the 1995 Act there shall be inserted the following new Part—.

s. 25(2)

After Schedule 9 to the 1995 Act there shall be inserted the following Schedule—.

Evidential provisions

s. 26 — Evidence concerning certain orders.

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s. 27 — Proof of age.

After section 255 of the 1995 Act there shall be inserted the following section—.

s. 28 — Evidence from certain official documents.
s. 28(1)

Section 154 of the 1995 Act shall cease to have effect.

s. 28(2)

After section 279 of the 1995 Act there shall be inserted the following section—.

s. 29 — Evidence of vulnerable persons: special provisions.

For section 271 of the 1995 Act there shall be substituted the following section—.

s. 30 — Routine evidence.
s. 30(1)

Schedule 9 to the 1995 Act (routine evidence) shall be amended in accordance with subsection (3) below.

s. 30(2)

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s. 30(3)

In the entry relating to the Video Recordings Act 1984, for the words in the second and third columns there shall be substituted the words in, respectively, the left and right hand columns below—.

s. 30(4)

Section 5 of the Video Recordings Act 1993 shall cease to have effect.

s. 30(5)

In Schedule 22 of the Environment Act 1995 (minor and consequential amendments), paragraph 35 shall cease to have effect.

s. 31 — Previous convictions in solemn proceedings.

In section 101 of the 1995 Act (previous convictions in solemn proceedings), subsection (5) shall cease to have effect.

s. 32 — Supervision and care of persons diverted from prosecution or subject to supervision requirement.

In section 27(1) of the Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prisons etc.)—

s. 32(a)

after paragraph (a) there shall be inserted the following paragraph—;

s. 32(b)

after paragraph (a) there shall be inserted the following paragraph—;

s. 32(c)

after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—;

s. 32(d)

after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—; and

s. 32(e)

after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—.

Part III

Prisoners

s. 42 — Testing of prisoners for alcohol.

After section 41B of the 1989 Act there shall be inserted the following section—.

s. 43 — Medical services in prisons.
s. 43(1)

In section 3(1) of the 1989 Act (general superintendence of prisons) the words from “including” to the end shall cease to have effect.

s. 43(2)

After section 3 of the 1989 Act there shall be inserted the following section—.

s. 43(3)

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s. 43(4)

For section 107(6) of the Criminal Justice and Public Order Act 1994 (medical officers in contracted out prisons), there shall be substituted the following subsections—.

s. 43(5)

In section 110 of that Act (application of enactments)—

s. 43(5)(a)

in subsection (3), after the word “sections” there shall be inserted the words “ 3A(6) (power to authorise searches of persons providing medical services), ”;

s. 43(5)(b)

in subsection (4), after the word “sections” there shall be inserted the words “ 3A(6) (power to carry out searches of persons providing medical services), ”;

s. 43(5)(c)

after subsection (4) there shall be inserted the following subsection—; and

s. 43(5)(d)

in subsection (6), after the word “Sections” there shall be inserted the words “ 3A(1) to (5)(medical services), ”.

s. 43(6)

In section 112(4) of that Act (contracted out functions at directly managed prisons)—

s. 43(6)(a)

before paragraph (a) there shall be inserted the following paragraph—; and

s. 43(6)(b)

in paragraph (a) for the words “the 1989” there shall be substituted the word “ that ”.

s. 44 — Unlawful disclosure of information.
s. 44(1)

After section 41B of the 1989 Act there shall be inserted the following section—.

Part IV

Police

Police funding and organisation

s. 45 — Police grant.

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s. 46 — Common police services.

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Collection and use of records

s. 47 — Record of evidence taken from external parts of body.
s. 47(1)

In section 18 of the 1995 Act (prints and samples in criminal investigations)—

s. 47(1)(a)

in subsection (2)—

s. 47(1)(a)(i)

for the words from “fingerprints” to “body” there shall be substituted the words “ , or require the person to provide him with, such relevant physical data ”; and

s. 47(1)(a)(ii)

at the end there shall be inserted the words “ from him or require him to provide, and the person so required shall comply with that requirement ”;

s. 47(1)(b)

in subsection (3), for the words from “prints or impressions taken”, there shall be substituted the words “ relevant physical data taken from or provided by a person ”;

s. 47(1)(c)

subsection (7) shall cease to have effect; and

s. 47(1)(d)

after subsection (7) there shall be inserted the following subsections—.

s. 47(2)

In section 19 of the 1995 Act (taking of prints etc from convicted persons)—

s. 47(2)(a)

in subsection (1)—

s. 47(2)(a)(i)

in paragraph (a), for the words “a sample, print or impression” there shall be substituted the words “ taken from him, or been required to provide, any relevant physical data or had any impression or sample ”; and

s. 47(2)(a)(ii)

in paragraph (b), for the words from “(whether” to “taken”, in the second place where it occurs, there shall be substituted the words;

s. 47(2)(b)

for paragraph (a) of subsection (2), there shall be substituted the following paragraph—; and

s. 47(2)(c)

in subsection (4)(b)—

s. 47(2)(c)(i)

after the words “intimation that” there shall be inserted the words “ the relevant physical data were or ”; and

s. 47(2)(c)(ii)

the words “, print or impression” shall cease to have effect.

s. 47(3)

In section 20 of the 1995 Act (use of prints etc.)—

s. 47(3)(a)

for the word “prints”, in the place where it first occurs, there shall be substituted the words “ relevant physical data ”; and

s. 47(3)(b)

for the word “prints”, in the place where it second occurs, there shall be substituted the word “ data ”.

s. 47(4)

In section 284 of the 1995 Act (evidence in relation to fingerprints)—

s. 47(4)(a)

in subsection (1)—

s. 47(4)(a)(i)

for the words “two constables” there shall be substituted the words “ a person authorised in that behalf by a chief constable ”; and

s. 47(4)(a)(ii)

for the words from “the fingerprints” to “from” there shall be substituted the words “ relevant physical data (within the meaning of section 18(7A) of this Act) was taken from or provided by ”;

s. 47(4)(b)

for subsection (2) there shall be substituted the following subsections—.

s. 47(5)

In section 285 of the 1995 Act (proof of previous convictions), after subsection (9) there shall be inserted the following subsection—.

s. 48 — Samples etc. from persons convicted of sexual and violent offences.
s. 48(1)

In section 19 of the 1995 Act (taking of prints and samples after conviction) in subsection (1) for the word “This” there shall be substituted the words “ Without prejudice to any power exercisable under section 19A of this Act, this ”.

s. 48(2)

After section 19 of the 1995 Act there shall be inserted the following sections—.

Part V

Criminal Legal Assistance

s. 49 — Criminal legal assistance.

After Part IV of the 1986 Act there shall be inserted the following Part—.

Employment of solicitors

s. 50 — Employment of solicitors in relation to criminal legal assistance.

After section 28 of the 1986 Act there shall be inserted the following section—.

s. 51 — Fixed payments.

In section 33 of the 1986 Act (fees and outlays of counsel and solicitors), after subsection (3) there shall be inserted the following subsections—.

s. 52 — Contracts for the provision of criminal legal assistance.

After section 33 of the 1986 Act there shall be inserted the following section—.

Powers of investigation

s. 53 — Power of investigation of Scottish Legal Aid Board.

After section 35 of the 1986 Act there shall be inserted the following sections—.

s. 54 — Regulations in relation to criminal legal assistance.

After section 41 of the 1986 Act there shall be inserted the following section—.

Part VI

Miscellaneous and General

Miscellaneous

s. 55 — Liberation of child by police.
s. 55(1)

Section 43 of the 1995 Act (arrangements where child arrested) shall be amended in accordance with this section.

s. 55(2)

In subsection (1), for the words from “shall”, in the second place where it occurs, to the end there shall be substituted the words—.

s. 55(3)

In subsection (6)—

s. 55(3)(a)

for the words from “is” to “diet” there shall be substituted the words “ fails to appear at the court and at the time specified in the undertaking entered into by him or on his behalf under subsection (1) above ”; and

s. 55(3)(b)

after the word “conviction” there shall be inserted the words “ of any charge made against him at the time he was liberated under that subsection ”.

s. 56 — Powers of the court on remand or committal of children and young persons.
s. 56(1)

Section 51 of the 1995 Act (remand or committal of children and young persons) shall be amended in accordance with this section.

s. 56(2)

In subsection (1)—

s. 56(2)(a)

in paragraph (a), for the words “in whose area the court is situated” there shall be substituted the words “ which it considers appropriate ”;

s. 56(2)(b)

after paragraph (a) there shall be inserted the following paragraph—and

s. 56(2)(c)

in paragraph (b), after the “age”, where it first occurs, there shall be inserted the words “ to whom paragraph (aa) above does not apply ”.

s. 56(3)

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s. 56(4)

After subsection (4) there shall be inserted the following subsection—.

s. 57 — Precognitions.
s. 57(1)

After section 67 of the 1995 Act, there shall be inserted the following section—.

s. 57(2)

In section 140 of the 1995 Act (citation)—

s. 57(2)(a)

in subsection (1), after the words “for” there shall be inserted the words; and

s. 57(2)(b)

subsection (3) shall cease to have effect.

s. 58 — Information concerning jurors.
s. 58(1)

Section 85 of the 1995 Act (citation and attendance of jurors) shall be amended as follows.

s. 58(2)

In subsection (1), the words from “but” to the end shall cease to have effect.

s. 58(3)

For subsection (2), there shall be substituted the following subsections—.

s. 59 — Certification of previous convictions in criminal proceedings.
s. 59(1)

Section 285 of the 1995 Act (proof of previous convictions) shall be amended in accordance with the following provisions of this section.

s. 59(2)

In subsection (2)—

s. 59(2)(a)

for the words “or on behalf of the Chief Constable of Strathclyde” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate ”;

s. 59(2)(b)

for the words “by the person by or on whose behalf the certificate is signed” there shall be substituted the words “ in pursuance of a service provided and maintained by the Secretary of State under or by virtue of section 36 of the Police (Scotland) Act 1967 or by or on behalf of the Commissioner of Police of the Metropolis ”.

s. 59(3)

In subsection (5)—

s. 59(3)(a)

for the words “or on behalf of the Chief Constable of Strathclyde” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate ”;

s. 59(3)(b)

for the words “or on behalf of the Chief Constable” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate or by or on behalf of ”.

s. 60 — Grants for forensic medical services.

The Lord Advocate may out of money provided by Parliament make grants of such amount and on such conditions as he considers appropriate to any person for the provision to him by that person of forensic medical services.

s. 61 — Confiscation of alcohol from persons under 18.
s. 61(1)

Where a constable has reasonable grounds for suspecting that a person in a public place—he may require that person to surrender the alcohol to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.

s. 61(1)(a)

is under the age of 18; and

s. 61(1)(b)

is in possession of alcohol, within the meaning of the Licensing (Scotland) Act 1976,

s. 61(2)

Where a constable has reasonable grounds for suspecting that a person of or over the age of 18 has alcohol in his possession in a public place and that that person—the constable may require the person in possession of the alcohol to surrender it to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.

s. 61(2)(a)

has supplied such alcohol to a person under the age of 18 for consumption in a public place; or

s. 61(2)(b)

intends that that alcohol should be consumed in a public place by a person under the age of 18,

s. 61(3)

Subject to subsection (4) below, it shall be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale for a person to fail to comply with a requirement made under subsection (1) or (2) above.

s. 61(4)

Where a constable makes a requirement such as is mentioned in subsection (1) or (2) above he shall inform the person concerned—

s. 61(4)(a)

of his suspicion; and

s. 61(4)(b)

of the fact that failure to comply with a requirement made under either of those provisions is an offence.

s. 61(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 61(6)

In this section “public place” includes—but does not include licensed premises within the meaning of the Licensing (Scotland) Act 2005 (asp 16).

s. 61(6)(a)

any place to which the public have access for the time being (whether on payment of a fee or otherwise); and

s. 61(6)(b)

any place to which the public do not have access but to which the persons mentioned in subsection (1) or (2) have unlawfully gained access,

s. 61(7)

In this section, “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16).

General

s. 62 — Minor and consequential amendments, and repeals.
s. 62(1)

The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments specified therein, being minor amendments and amendments consequential upon the provisions of this Act.

s. 62(2)

The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.

s. 63 — Financial provisions.
s. 63(1)

There shall be paid out of money provided by Parliament any expenses incurred—

s. 63(1)(a)

by the Secretary of State, under—

s. 63(1)(a)(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 63(1)(a)(ii)

Part XA of the 1995 Act (Scottish Criminal Cases Review Commission) (as inserted by section 25 of this Act);

s. 63(1)(a)(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 63(1)(b)

by the Scottish Legal Aid Board under—

s. 63(1)(b)(i)

section 28A(1) of the 1986 Act (power of Board to employ solicitors for criminal legal assistance) (as inserted by section 50 of this Act); or

s. 63(1)(b)(ii)

section 33A(1) of the 1986 Act (power of Board to enter into contracts for provision of criminal legal assistance) (as inserted by section 52 of this Act); or

s. 63(1)(c)

by the Lord Advocate under section 60 of this Act.

s. 63(2)

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

s. 64 — Interpretation.

In this Act, unless the context otherwise requires—“supervised release order” has the same meaning as in section 209 of the 1995 Act (supervised release orders);“the 1984 Act” means the Mental Health (Scotland) Act 1984;“the 1986 Act” means the Legal Aid (Scotland) Act 1986;“the 1989 Act” means the Prisons (Scotland) Act 1989;“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993;“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

s. 65 — Short title, commencement and extent.
s. 65(1)

This Act may be cited as the Crime and Punishment (Scotland) Act 1997.

s. 65(2)

This Act, except sections 45 and 46, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

s. 65(3)

In an order under subsection (2) above made in respect of any provision of sections 49 to 54 of this Act, or of paragraph 12 of Schedule 1 to this Act—

s. 65(3)(a)

different days may be appointed for different provisions;

s. 65(3)(b)

different days may be appointed for different areas; and

s. 65(3)(c)

different provisions may be brought into force in relation to different areas.

s. 65(4)

An order under subsection (2) above may contain such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.

s. 65(5)

Subject to subsections (6) and (7) below, this Act shall extend to Scotland only.

s. 65(6)

Section 4(3) and (5) of this Act shall extend to England and Wales, and section 37(4) of this Act shall extend to England and Wales and Northern Ireland.

s. 65(7)

The amendment or repeal of any enactment by Schedules 1 or 3 to this Act shall have the same extent as the enactment so amended or, as the case may be, repealed.

Sch 1

Minor and Consequential Amendments

The Public Records Act 1958 (c.51)

Sch 1 para 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Police (Scotland) Act 1967 (c.77)

Sch 1 para 2
Sch 1 para 2(1)

The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph.

Sch 1 para 2(2)

Section 6(2) (application of certain provisions to appointments of ranks below assistant chief constable) shall cease to have effect.

Sch 1 para 2(3)

In section 17 (general functions and duties of constables)—

Sch 1 para 2(3)(a)

in subsection (1), for the words “section 321(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 135(3) and (4) of the Criminal Procedure (Scotland) Act 1995 ”; and

Sch 1 para 2(3)(b)

in subsection (7)(a) after the word “agreements” there shall be inserted the words “ or of section 98 of the Police Act 1996 (cross-border aid of one police force by another) ”.

Sch 1 para 2(4)

In section 19(3) (amalgamation schemes) for the words from “reimbursed” to the end there shall be substituted the words “ provided for by a grant made to the board under section 32 of this Act ”.

Sch 1 para 2(5)

In section 41(1)(b)(ii) (penalty for assaults on constables) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 225(8) of the Criminal Procedure (Scotland) Act 1995 ”.

Sch 1 para 2(6)

In section 46(1)(b) (rewards) after the word “agreements” there shall be inserted the words “ or of section 98 of the Police Act 1996 (cross-border aid of one police force by another) ”.

The Firearms Act 1968 (c.27)

Sch 1 para 3

In section 51 of the Firearms Act 1968 (penalties for offences), after subsection (2) there shall be inserted the following subsection—.

The Superannuation Act 1972 (c.11)

Sch 1 para 4

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply), at the end of the list of “Royal Commissions and other Commissions” insert—.

The House of Commons Disqualification Act 1975 (c.24)

Sch 1 para 5

In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert—.

The Sexual Offences (Scotland) Act 1976 (c.67)

Sch 1 para 6
Sch 1 para 6(1)

The Sexual Offences (Scotland) Act 1976 shall cease to have effect.

Sch 1 para 6(2)

This paragraph shall be deemed to have come into force on 1st April 1996 and the Sexual Offences (Scotland) Act 1976 shall for the purposes of the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 be regarded as a repealed enactment within the meaning of that Act.

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)

Sch 1 para 7

In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons ineligible for jury service), in Group B, after paragraph (w) insert—.

The Criminal Justice (Scotland) Act 1980 (c.62)

Sch 1 para 8

In section 3D(1)(b) of the Criminal Justice (Scotland) Act 1980 (interpretation of sections 3A to 3C), for the words “section 3 of this Act” there shall be substituted the words “ section 15(6) of the Criminal Procedure (Scotland) Act 1995 ”.

The Mental Health (Scotland) Act 1984 (c.36.)

Sch 1 para 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Repatriation of Prisoners Act 1984 (c.47)

Sch 1 para 10
Sch 1 para 10(1)

The Repatriation of Prisoners Act 1984 shall be amended in accordance with this paragraph.

Sch 1 para 10(2)

In section 2(4)(b) (transfer of prisoners out of the United Kingdom)—

Sch 1 para 10(2)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 10(2)(b)

after sub-paragraph (ii) there shall be inserted the following sub-paragraph—.

Sch 1 para 10(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Foster Children (Scotland) Act 1984 (c.56)

Sch 1 para 11

In section 13 of the Foster Children (Scotland) Act, for the words “section 47 of the Children and Young Persons (Scotland) Act 1937” to the end there shall be substituted the words “ section 55 of the Children (Scotland) Act 1995 (child assessment orders) as giving the local authority reasonable cause for the suspicion mentioned in subsection (1)(a) of that section ”.

Sch 1 para 12
Sch 1 para 12(1)

The Legal Aid (Scotland) Act 1986 shall be amended in accordance with this paragraph.

Sch 1 para 12(2)

In section 4 (Scottish Legal Aid Fund)—

Sch 1 para 12(2)(a)

in subsection (2)—

Sch 1 para 12(2)(a)(i)

in paragraph (a), for the words “by him” there shall be substituted the words “ or in respect of payments made in accordance with regulations made under section 33(3A) of this Act ”;

Sch 1 para 12(2)(a)(ii)

after paragraph (a) there shall be inserted the following paragraphs—; and

Sch 1 para 12(2)(b)

in subsection (3), after paragraph (a) there shall be inserted the following paragraphs—.

Sch 1 para 12(3)

In section 11 (clients’ contributions)—

Sch 1 para 12(3)(a)

in subsection (1), after the words “subsection (2)” there shall be inserted the words “ or (3) ”; and

Sch 1 para 12(3)(b)

after subsection (2) there shall be inserted the following subsections—.

Sch 1 para 12(4)

In section 12 (payment of fees or outlays otherwise than through clients’ contributions)—

Sch 1 para 12(4)(a)

at the end of subsection (2) there shall be inserted the words—; and

Sch 1 para 12(4)(b)

for the word “contribution”, where it appears in subsection (3)(a), there shall be substituted the word “ amount ”.

Sch 1 para 12(5)

In section 21 (scope and nature of criminal legal aid), in subsection (1)(aa), for the word “discretionary” there shall be substituted the word “ designated ”.

Sch 1 para 12(6)

In section 22 (automatic availability of legal aid), at the end of subsection (1) there shall be inserted the words—.

Sch 1 para 12(7)

After section 25 (legal aid in appeals) there shall be inserted the following section—.

Sch 1 para 12(8)

In section 31 (solicitors and counsel)—

Sch 1 para 12(8)(a)

in subsection (1), for the words from the beginning to “below” there shall be substituted the words “ Subject to subsection (1A) below, ”;

Sch 1 para 12(8)(b)

after subsection (1) there shall be inserted the following subsection—.

Sch 1 para 12(9)

In section 33 (fees and outlays of counsel and solicitors), in subsection (1), at the beginning there shall be inserted the words “ Subject to subsections (3A) and (3B) below, ”.

Sch 1 para 12(10)

In section 41 (interpretation)—

Sch 1 para 12(10)(a)

after the definition of “civil legal aid” there shall be inserted the following definition—;

Sch 1 para 12(10)(b)

after the definition of “criminal legal aid” there shall be inserted the following definitions—;

Sch 1 para 12(10)(c)

after the definition of “incorporated practice” there shall be inserted the following definition—and

Sch 1 para 12(10)(d)

after the definition of “person” there shall be inserted the following definitions—.

The Prisons (Scotland) Act 1989 (c.45)

Sch 1 para 13
Sch 1 para 13(1)

The Prisons (Scotland) Act 1989 shall be amended in accordance with this paragraph.

Sch 1 para 13(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 13(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 13(4)

In section 27(5) (power of the Secretary of State to discharge prisoners not to affect duties of medical officer) (so far as that subsection continues to have effect by virtue of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (existing provisions which continue to have effect in relation to prisoners sentenced before 1st October 1993)) for the word “the”, where it occurs for the second time, there shall be substituted the word “ any ”.

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)

Sch 1 para 14
Sch 1 para 14(1)

The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended in accordance with this paragraph.

Sch 1 para 14(2)

In section 1 (release of prisoners)—

Sch 1 para 14(2)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(2)(b)

in subsection (4), for the word “discretionary” there shall be substituted the word “ designated ”.

Sch 1 para 14(3)

In section 2 (duty to release discretionary life prisoners)—

Sch 1 para 14(3)(a)

in subsection (2)—

Sch 1 para 14(3)(a)(i)

for the words “subsection (1)(b)” there shall be substituted the words “ subsection (1) ”; and

Sch 1 para 14(3)(a)(ii)

before the word “life”, in both places where it occurs, there shall be inserted the word “ designated ”;

Sch 1 para 14(3)(b)

in subsection (3), for the words “subsection (1)(a)” there shall be substituted the word “ subsection (1) ”;

Sch 1 para 14(3)(c)

for the word “relevant”, where it occurs in subsections (2), (8) and (9), there shall be substituted the word “ designated ”;

Sch 1 para 14(3)(d)

for the word “discretionary” where it occurs in subsections (4), (6), (8) and (9) there shall be substituted the word “ designated ”; and

Sch 1 para 14(3)(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(8)

In section 10 (life prisoners transferred to Scotland)—

Sch 1 para 14(8)(a)

for subsection (1) there shall be substituted the following subsection—;

Sch 1 para 14(8)(b)

in subsection (3)(a), for the word “discretionary” there shall be substituted the word “ designated ”;

Sch 1 para 14(8)(c)

in subsection (3)(b), for the word “relevant” there shall be substituted the word “ designated ”;

Sch 1 para 14(8)(d)

in subsection (5)(a), for the word “discretionary” there shall be substituted the word “ designated ”; and

Sch 1 para 14(8)(e)

in subsection (5)(b), for the words “section 34 of the said Act of 1991” there shall be substituted the words “ the said section 28 of the Crime (Sentences) Act 1997 ”.

Sch 1 para 14(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(10)

In section 12(3) (insertion, variation and cancellation of conditions in licences)—

Sch 1 para 14(10)(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(10)(b)

for the word “discretionary” there shall be substituted the word “ designated ”.

Sch 1 para 14(11)

In section 14 (supervised release orders)—

Sch 1 para 14(11)(a)

in subsection (2)—

Sch 1 para 14(11)(a)(i)

the words from the beginning to “209(1) of the 1995 Act” shall cease to have effect; and

Sch 1 para 14(11)(a)(ii)

after the words “prison in Scotland” there shall be inserted the words “ under Schedule 1 to the Crime (Sentences) Act 1997 in an unrestricted transfer within the meaning of that Schedule ”; and

Sch 1 para 14(11)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(12)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(13)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(14)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(15)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(16)

In section 27(1) (interpretation), in the definition of “supervised release order” the words “(as inserted by section 14 of this Act)” shall cease to have effect.

Sch 1 para 14(17)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 14(18)

In Schedule 6 (transitional provisions and savings)—

Sch 1 para 14(18)(a)

for the word “relevant” in each place where it occurs in paragraph 6(2) and (3) and 6A(2) , there shall be substituted the word “ designated ”; and

Sch 1 para 14(18)(b)

for the word “discretionary” in each place where it occurs in paragraphs 6, 6A(2) and 7, there shall be substituted the word “ designated ”.

The Criminal Justice and Public Order Act 1994 (c.33)

Sch 1 para 15

In section 110 of the Criminal Justice and Public Order Act 1994 (modifications of the Prisons (Scotland) Act 1989 in its application to contracted out prisons)—

Sch 1 para 15(a)

in subsection (3) for the words “and 41B(3) (testing prisoners for drugs)” there shall be substituted the words “ , 41B(3) (testing prisoners for drugs) and 41C(3) (testing prisoners for alcohol) ”; and

Sch 1 para 15(b)

in subsection (4) for the words “and 41B(1)(testing prisoners for drugs)” there shall be substituted the words “ , 41B(1) (testing prisoners for drugs) and 41C(1) (testing prisoners for alcohol) ”.

The Criminal Justice (Scotland) Act 1995 (c.20)

Sch 1 para 16

Section 66 of the Criminal Justice (Scotland) Act 1995 shall cease to have effect.

The Children (Scotland) Act 1995 (c.36)

Sch 1 para 17

In Schedule 4 to the Children (Scotland) Act 1995, paragraph 35(6) shall cease to have effect.

The Criminal Law (Consolidation)(Scotland) Act 1995 (c.39)

Sch 1 para 18
Sch 1 para 18(1)

The Criminal Law (Consolidation) (Scotland) Act 1995 shall be amended in accordance with this paragraph.

Sch 1 para 18(2)

In section 5 (unlawful sexual intercourse with a girl under the age of 13 years)—

Sch 1 para 18(2)(a)

in subsection (1), at the beginning there shall be inserted the words “ Subject to section 205A of the Criminal Procedure (Scotland) Act 1995 (imprisonment for life on further conviction of certain offences), ”; and

Sch 1 para 18(2)(b)

in subsection (6) (definition of “like offence” for purposes of that section), for the words “section 10(1) of this Act” there shall be substituted the words “ section 9(1) of this Act ”.

Sch 1 para 18(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 18(4)

In section 19(3) (vehicles in relation to which certain offences relating to alcohol at sporting events may be committed), for the word “principle” there shall be substituted the word “ principal ”.

Sch 1 para 18(5)

In section 21 (police powers in relation to control of alcohol etc. at sporting events), in paragraph (e), after sub-paragraph (ii) there shall be inserted the following sub-paragraph—.

Sch 1 para 18(6)

In section 23 (interpretation of Part II), after the definition of “keeper” there shall be inserted the following definition—.

Sch 1 para 18(7)

In section 26(11) (interpretation of powers of Customs and Excise officers to detain persons in connection with drug smuggling) for the definition of superior officer there shall be substituted the following definition—.

Sch 1 para 18(8)

In section 45(1) (aiding and abetting offences under section 44), for the word “principle” there shall be substituted the word “ principal ”.

The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 (c.40)

Sch 1 para 19
Sch 1 para 19(1)

The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 shall be amended in accordance with this paragraph.

Sch 1 para 19(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 19(3)

In Schedule 4 (minor and consequential amendments)—

Sch 1 para 19(3)(a)

paragraph 6(4)(a) and (d) shall cease to have effect;

Sch 1 para 19(3)(b)

paragraph 16 shall cease to have effect;

Sch 1 para 19(3)(c)

paragraph 50(7)(b) shall cease to have effect; and

Sch 1 para 19(3)(d)

paragraph 53(3) shall cease to have effect.

The Proceeds of Crime (Scotland) Act 1995 (c.43)

Sch 1 para 20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Sch 1 para 21
Sch 1 para 21(1)

The 1995 Act shall be amended as follows.

Sch 1 para 21(2)

In section 15 (rights of persons arrested or detained), in subsection (6)(b), for the words “actual custody” there shall be substituted the word “ care ”.

Sch 1 para 21(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 21(4)

In section 46 (presumption and determination of age of child)—

Sch 1 para 21(4)(a)

in subsection (1), after the word “offence” there shall be inserted the words “ , whose age is not specified in the indictment or complaint in relation to that offence, ”;

Sch 1 para 21(4)(b)

in subsection (3) at the beginning there shall be inserted the words “ Without prejudice to section 255A of this Act, ”.

Sch 1 para 21(5)

In section 53 (power to make interim hospital order)—

Sch 1 para 21(5)(a)

in subsection (1), after the word “way” there shall be inserted the words “ , including imposing a sentence of imprisonment and making a hospital direction, ”;

Sch 1 para 21(5)(b)

in subsection (3), for the words “28” there shall be substituted the word “ 7 ”;

Sch 1 para 21(5)(c)

in subsection (4), after the word “not” there shall be inserted the words “ at that time ”;

Sch 1 para 21(5)(d)

in subsection (5), for the words “28” there shall be substituted the word “ 7 ”;

Sch 1 para 21(5)(e)

after subsection (5), there shall be inserted the following subsection—; and

Sch 1 para 21(5)(f)

in subsection (6), after the word “way” there shall be inserted the words “ , including imposing a sentence of imprisonment and making a hospital direction ”.

Sch 1 para 21(6)

In section 58 (hospital orders)—

Sch 1 para 21(6)(a)

in subsection (4), for the words “28” there shall be substituted the word “ 7 ”; and

Sch 1 para 21(6)(b)

in subsection (9), for the words “28” there shall be substituted the word “ 7 ”.

Sch 1 para 21(7)

In section 62(6)(b) (disposal in appeals by accused in cases involving insanity), for the words “or order” there shall be substituted the words “ , order or other disposal ”.

Sch 1 para 21(8)

In section 63 (appeals by prosecutor in cases involving insanity)—

Sch 1 para 21(8)(a)

in subsection (1), paragraph (d) shall cease to have effect;

Sch 1 para 21(8)(b)

in subsection (2)(b)(ii), the words “or (d)” shall cease to have effect; and

Sch 1 para 21(8)(c)

in subsection (5)(b)—

Sch 1 para 21(8)(c)(i)

for the words “or order”, in the first place where they occur, there shall be substituted the words “ order or disposal ”; and

Sch 1 para 21(8)(c)(ii)

for the words “or order”, in the second place where they occur, there shall be substituted the words “ or acquittal ”.

Sch 1 para 21(9)

In section 65 (prevention of delay), after subsection (3) there shall be inserted the following subsection—.

Sch 1 para 21(10)

In section 74(4) (disposal of appeals in connection with preliminary diets)—

Sch 1 para 21(10)(a)

the word “and” after paragraph (a) shall cease to have effect; and

Sch 1 para 21(10)(b)

after paragraph (b) there shall be inserted the following words.

Sch 1 para 21(11)

In section 81(6) (list of jurors where trial does not take place)—

Sch 1 para 21(11)(a)

the word “, signed” shall cease to have effect; and

Sch 1 para 21(11)(b)

for the words “85(1) and (2)” there shall be substituted the words “ 85(2) ”.

Sch 1 para 21(12)

In section 83 (transfer of sheriff court solemn proceedings)—

Sch 1 para 21(12)(a)

in subsection (1), for the words “transfer the case to a sheriff court” there shall be substituted the words “ adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act, ”;

Sch 1 para 21(12)(b)

in subsection (2)—

Sch 1 para 21(12)(b)(i)

before the word “make” there shall be inserted the words “ adjourn the trial and ”; and

Sch 1 para 21(12)(b)(ii)

for the word “case” there shall be substituted the word “ trial as mentioned in subsection (1) above ”; and

Sch 1 para 21(12)(c)

after subsection (2), there shall be inserted the following subsection—.

Sch 1 para 21(13)

In section 103 (appeal sittings)—

Sch 1 para 21(13)(a)

in subsection (3), for the words “subsection (1)” there shall be substituted the words “ subsection (2) ”;

Sch 1 para 21(13)(b)

in subsection (4), for the words “and (2)” there shall be substituted the words “ to (3) ”; and

Sch 1 para 21(13)(c)

in subsection (7), after the words “subsection (5)” there shall be inserted the words “ and (6) ”.

Sch 1 para 21(14)

In subsection (1)(b) of section 104 (power of High Court in appeals) the word “additional” shall cease to have effect.

Sch 1 para 21(15)

In section 107(4) (application where leave to appeal refused), for the words “subsection (7)” there shall be substituted the words “ subsection (10) ”.

Sch 1 para 21(16)

In section 113(2)(c) (recipients of copy of judge’s report) for the words “section 124(3) of this Act, to the Secretary of State” there shall be substituted the words “ Part XA of this Act, to the Commission ”.

Sch 1 para 21(17)

In section 118 (disposal of appeals)—

Sch 1 para 21(17)(a)

in subsection (4)(b), the word “additional” shall cease to have effect; and

Sch 1 para 21(17)(b)

after subsection (8) there shall be inserted the following subsection—.

Sch 1 para 21(18)

In section 124 (finality of proceedings and Secretary of State’s reference)—

Sch 1 para 21(18)(a)

in subsection (1), after “this Part” there shall be inserted the words “ or Part XA ”;

Sch 1 para 21(18)(b)

in subsection (2), for the words “subsection (3) below” there shall be substituted the words “ Part XA of this Act ”; and

Sch 1 para 21(18)(c)

subsections (3) to (5) shall cease to have effect.

Sch 1 para 21(19)

In section 141 (manner of citation)—

Sch 1 para 21(19)(a)

in subsection (3)—

Sch 1 para 21(19)(a)(i)

the words “signed by the prosecutor and” shall cease to have effect;

Sch 1 para 21(19)(a)(ii)

in paragraph (a), after the word “accused,” there shall be inserted the words “ signed by the prosecutor and ”; and

Sch 1 para 21(19)(a)(iii)

in paragraph (b), after the word “sent” there shall be inserted the words “ by or on behalf of the prosecutor ”; and

Sch 1 para 21(19)(b)

, after subsection (5) there shall be inserted the following subsection—.

Sch 1 para 21(20)

In section 179(2) (stated case: adjustment and signature) the word “additional” shall cease to have effect.

Sch 1 para 21(21)

In subsection (5)(b) of section 182 (stated case: hearing of appeal) the word “additional” shall cease to have effect.

Sch 1 para 21(22)

In subsection (1)(b) of section 189 (disposal of appeal against sentence) the word “additional” shall cease to have effect.

Sch 1 para 21(23)

In section 199 (power to mitigate penalties), in subsection (3) after paragraph (b) there shall be inserted the following paragraph—.

Sch 1 para 21(24)

In section 202(1) (deferral of sentence) at the beginning there shall be inserted the words “ Subject to section 205A of this Act, ”.

Sch 1 para 21(25)

In section 207(2) (detention of young offenders)—

Sch 1 para 21(25)(a)

for the words “section 205(2) and (3)” there shall be substituted the words “ sections 205(2) and (3), 205A(2)(b) and 205B(2)(b) ”; and

Sch 1 para 21(25)(b)

for the word “exceed” there shall be substituted the words “ be less than the minimum nor more than ”.

Sch 1 para 21(26)

In section 209 (supervised release orders), after subsection (7) there shall be inserted the following subsection—.

Sch 1 para 21(27)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 21(28)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 21(29)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 1 para 21(30)

In section 234A (non-harassment orders), subsection (5) shall cease to have effect.

Sch 1 para 21(31)

In section 246(1) (admonition), at the beginning, there shall be inserted the words “ Subject to sections 205A and 205B of this Act, ”.

Sch 1 para 21(32)

In section 280 (routine evidence), in subsection (6)(b), for the words “the accused” there shall be substituted the word “ he ”.

Sch 1 para 21(33)

In section 298 (trial judge’s report)—

Sch 1 para 21(33)(a)

in subsection (1)(a), after the words “108” there shall be inserted the words “ , 108A ”; and

Sch 1 para 21(33)(b)

in subsection (2), for the words “section 124(3) of this Act, the Secretary of State” there shall be substituted the words “ Part XA of this Act, the Commission ”.

Sch 1 para 21(34)

In section 307(1) (interpretation)—

Sch 1 para 21(34)(a)

after the definition of “Clerk of Justiciary” insert—; and

Sch 1 para 21(34)(b)

after paragraph (a) of the definition of “hospital”, there shall be inserted the following paragraph—.

Sch 1 para 21(35)

In Schedule 4 (supervision and treatment orders)—

Sch 1 para 21(35)(a)

in paragraph 3(3), after the word “officer;” there shall be inserted the following sub-paragraph—;

Sch 1 para 21(35)(b)

in paragraph 10(1), after the word “officer” there shall be inserted the words “ and to the medical practitioner by whom or under whose supervision the supervised person was treated under the supervision and treatment order ”;

Sch 1 para 21(35)(c)

in paragraph 11(1)(a), after the word “officer” there shall be inserted the words “ and to the medical practitioner by whom or under whose supervision the supervised person has been treated under the supervision and treatment order ”.

Sch 2
Sch 3

Repeals