Criminal Law (Consolidation) (Scotland) Act 1995 (Version in vigour from 2020-12-31 to )

Consolidated Text

As Enacted

Cited authorities 82

Cited in

Currency	No known outstanding effects
Coming into Force	31 December 2020

did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was related in a degree so specified; ordid not consent to have sexual intercourse, or to have sexual intercourse with that person; orwas married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.(Table) Degrees of Relationship

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Criminal Law (Consolidation) (Scotland) Act 1995
Part I: SEXUAL OFFENCES

Incest and related offences

1: Incest.
2: Intercourse with step-child.: Any step-parent or former step-parent who has sexual intercourse with his or her step-child or former step-child shall be guilty of an offence if that step-child is either under the age of 21 years or has at any time before attaining the age of 18 years lived in the same household and been treated as a child of his or her family, unless the accused proves that he or she—
3: Intercourse of person in position of trust with child under 16.
4: Proceedings and penalties for offences under sections 1 and 2.

Offences against children

5: Intercourse with girl under 16.
6: Indecent behaviour towards girl between 12 and 16.

Procuring, prostitution etc.

7: Procuring.
8: Abduction and unlawful detention.
9: Permitting girl to use premises for intercourse.
10: Seduction, prostitution, etc., of girl under 16.
11: Trading in prostitution and brothel-keeping.
12: Allowing child to be in brothel.
12A: Sections 11(5) and 12: further provision

Living on earnings of another from male prostitution

13: Living on earnings of another from male prostitution

Miscellaneous

14: Power, on indictment for rape, etc., to convict of other offences.
15: Defence to charge of indecent assault.
16: Power of search.
16A: Conspiracy or incitement to commit certain sexual acts outside the United Kingdom.
16B: Commission of certain sexual acts outside the United Kingdom.
17: Liability to other criminal proceedings.

Part II: SPORTING EVENTS: CONTROL OF ALCOHOL ETC.

18: Designation of sports grounds and sporting events.

19: Alcohol on vehicles.

20: Sporting events: controls.

21: Police powers of enforcement.: For the purpose of enforcing the provisions of this Part of this Act, a constable shall have the power without warrant—

22: Presumption as to contents of container.
23: Interpretation of Part II.

Part III: Investigation of Revenue and Customs offences

Investigation of offences by HMRC

23A: Investigation of offences by Her Majesty's Revenue and Customs

Production orders

23B: Production orders
23C: Production orders: supplementary
23D: Offences in relation to production orders

Revenue and Customs warrants

23E: Revenue and Customs warrants

Orders and warrants: common provisions

23F: Procedure where documents etc removed
23G: Access to and copies of documents etc removed
23H: Failure to comply with requirements of section 23F and 23G
23J: Confidentiality
23K: Meaning of “document” etc

Execution and enforcement of orders and warrants outwith Scotland

23L: Cross-border exercise of powers

Detention and questioning of suspects and witnesses

23M: Powers relating to suspects and potential witnesses
23N: Fingerprinting of persons suspected of offences
23P: Offences arising from breach of requirements under sections 23M and 23N
24: Detention and questioning : Revenue and Customs, immigration and nationality offences
24A: Extension of period of detention under section 24
24B: Extension under section 24A: procedure
25: Right to have someone informed when detained.
25A: Right of suspects to have access to a solicitor
26: Detention in connection with certain drug smuggling offences.

Power of arrest

26A: Power of arrest

General provisions

26B: Interpretation of Part 3 etc
26C: Investigations by designated customs officials

Part IV: INVESTIGATION OF SERIOUS OR COMPLEX FRAUD

27: Lord Advocate’s direction.

28: Powers of investigation.

29: Offences in relation to investigations under section 28.

30: Disclosure of information.

Part V: DRUG TRAFFICKING

Investigations and disclosure of information

31: Order to make material available.
32: Authority for search.
33: Interpretation of sections 31 and 32.
34: Prosecution by order of the Commissioners of Customs and Excise.
35: Disclosure of information held by government departments.

Offences

36: Offence of prejudicing investigation.
37: Acquisition, possession or use of proceeds of drug trafficking.
38: Offence of assisting another to retain the proceeds of drug trafficking.
39: Failure to disclose knowledge or suspicion of money laundering.
40: Tipping-off.
41: Offences relating to controlled drugs: fines.
42: Extension of certain offences to Crown servants and exemptions for regulators etc.
43: Interpretation of Part V.

Part VI: MISCELLANEOUS AND GENERAL

False oaths etc.

44: False statements and declarations.
45: Provisions supplementary to section 44.
46: Proceedings.

False monetary instruments

46A: False monetary instruments

Offensive weapons

47: Prohibition of the carrying of offensive weapons.
48: Search for offensive weapons.
49: Offence of having in public place article with blade or point.
49A: Offence of having article with blade or point (or offensive weapon) on school premises.
49B: Power of entry to search for articles with a blade or point and offensive weapons.
49C: Offence of having offensive weapon etc. in prison
50: Extension of constable’s power to stop, search and arrest without warrant.

Racially-aggravated harassment

50A: Racially-aggravated harassment.

Reset

51: Reset.

Vandalism

52: Vandalism.

General

53: Short title, commencement and extent.

TABLE OF DERIVATIONS

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Criminal Law (Consolidation) (Scotland) Act 1995 (Version in vigour from 2020-12-31 to )

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