Criminal Justice and Licensing (Scotland) Act 2010 (Version in vigour from 2023-03-31 to )

Consolidated Text

As Enacted

Cited authorities 489

Cited in

Currency	No known outstanding effects
Coming into Force	31 March 2023

Contenidos

Criminal Justice and Licensing (Scotland) Act 2010
PART 1: SENTENCING

The Scottish Sentencing Council

1: The Scottish Sentencing Council
2: The Council's objectives: The Council must, in carrying out its functions, seek to—
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: In section 234A of the 1995 Act (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: In section 210A of the 1995 Act (extended sentences for sex and violent offenders)—
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: The following offences under the common law of Scotland are abolished—

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.: In section 24 of the 1995 Act (bail and bail conditions)—
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: In section 19A(6) of the 1995 Act (definitions of certain expressions for purposes of section 19A)—
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: In section 271 of the 1995 Act (vulnerable witnesses: main definitions)—

89: Amendment of Criminal Justice (Scotland) Act 2003
90: Witness anonymity orders

91: Television link...

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Criminal Justice and Licensing (Scotland) Act 2010 (Version in vigour from 2023-03-31 to )

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