OpenLegislation

Criminal Justice and Courts Act 2015 in Scotland

2015 c. 2 · Enacted 12 February 2015 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 17omittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 37
s. 18omittedPolice, Crime, Sentencing and Courts Act 2022 Sch. 11 para. 37
Sch. 1 para. 7(3)omittedSentencing Act 2026 s. 26(6)(b)
s. 52omittedCrime and Policing Act 2026 s. 47(2)(f)

An Act to make provision about how offenders are dealt with before and after conviction; to create offences involving ill-treatment or wilful neglect by a person providing health care or social care; to create an offence of the corrupt or other improper exercise of police powers and privileges; to make provision about offences committed by disqualified drivers; to create an offence of disclosing private sexual photographs or films with intent to cause distress; to amend the offence of meeting a child following sexual grooming; to amend the offence of possession of extreme pornographic images; to make provision about the proceedings and powers of courts and tribunals; to make provision about judicial review; and for connected purposes.

[12th February 2015]

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:—

Contents

  1. Part 1: Criminal Justice
  2. Dangerous offenders
  3. 1Maximum sentence for certain offences to be life imprisonment
  4. 2Specified offences
  5. 3Schedule 15B offences Repealed
  6. 4Parole Board release when serving extended sentences
  7. 5Minor amendments
  8. Other offenders of particular concern
  9. 6Sentence and Parole Board release for offenders of particular concern
  10. Release and recall of prisoners
  11. 7Electronic monitoring following release on licence etc
  12. 8Recall adjudicators Not yet in force
  13. 9Section 9 Not yet in force
  14. 10Section 10 Not yet in force
  15. 11Initial release and release after recall: life sentences
  16. 12Offence of remaining unlawfully at large after recall
  17. 13Offence of remaining unlawfully at large after temporary release
  18. 14Definition of “requisite custodial period”
  19. 15Minor amendments and transitional cases
  20. Prisons
  21. 16Drugs for which prisoners etc may be tested
  22. Cautions etc
  23. 18Restrictions on use of cautions: supplementary
  24. 19Alternatives to prosecution: rehabilitation of offenders in Scotland
  25. 20Ill-treatment or wilful neglect: care worker offence
  26. 21Ill-treatment or wilful neglect: care provider offence
  27. 23Care provider offence: penalties
  28. 24Care provider offence: application to unincorporated associations
  29. Offences involving police or prison officers
  30. 26Corrupt or other improper exercise of police powers and privileges
  31. 27Term of imprisonment for murder of police or prison officer Repealed
  32. Repeat offences involving offensive weapons etc
  33. 28Minimum sentence for repeat offences involving offensive weapons etc
  34. Driving offences
  35. 29Offences committed by disqualified drivers
  36. 30Extension of disqualification from driving where custodial sentence also imposed
  37. 31Mutual recognition of driving disqualification in UK and Republic of Ireland
  38. Offences involving intent to cause distress etc
  39. 32Sending letters etc with intent to cause distress or anxiety
  40. Offences involving sexual grooming or pornographic images
  41. 36Meeting a child following sexual grooming etc
  42. 37Possession of pornographic images of rape and assault by penetration
  43. Part 2: Young offenders
  44. Detention of young offenders
  45. 38Secure colleges and other places for detention of young offenders etc
  46. 39Contracting out secure colleges
  47. 40Powers of Youth Justice Board in relation to provision of accommodation
  48. Other matters
  49. 41Youth cautions and conditional cautions: involvement of appropriate adults
  50. 42Duties of custody officer after charge: arrested juveniles
  51. 43Referral orders: alternatives to revocation for breach of youth offender contract Repealed
  52. 44Referral orders: extension on further conviction Repealed
  53. 45Referral orders: revocation on further conviction Repealed
  54. Part 3: Courts and tribunals
  55. Trial by single justice on the papers
  56. 46Instituting proceedings by written charge
  57. 47Instituting proceedings: further provision
  58. 48Trial by single justice on the papers
  59. 49Trial by single justice on the papers: sentencing etc
  60. 50Further amendments
  61. Time limit for bringing certain criminal proceedings
  62. 51Offence of improper use of public electronic communications network
  63. Committal to Crown Court
  64. 52Low-value shoplifting: mode of trial
  65. 53Committal of young offenders convicted of certain serious offences Repealed
  66. Costs of criminal courts
  67. 54Criminal courts charge
  68. 55Duty to review criminal courts charge
  69. Collection of fines etc
  70. 56Variation of collection orders etc
  71. 57Personal injury claims: cases of fundamental dishonesty
  72. 58Rules against inducements to make personal injury claims
  73. 59Effect of rules against inducements
  74. 60Inducements: interpretation
  75. 61Inducements: regulations
  76. Appeals in civil proceedings
  77. 62Appeals from the Court of Protection
  78. 63Appeals from the High Court to the Supreme Court
  79. 64Appeals from the Upper Tribunal to the Supreme Court
  80. 65Appeals from the Employment Appeal Tribunal to the Supreme Court
  81. 66Appeals from the Special Immigration Appeals Commission to the Supreme Court
  82. Costs in civil proceedings
  83. 67Wasted costs in certain civil proceedings
  84. Juries and members of the Court Martial
  85. 68Upper age limit for jury service to be 75
  86. 69Jurors and electronic communications devices
  87. 70Jurors and electronic communications devices: powers of search etc
  88. 71Research by jurors
  89. 72Sharing research with other jurors
  90. 73Jurors engaging in other prohibited conduct
  91. 74Disclosing jury's deliberations
  92. 75Juries at inquests
  93. 76Members of the Court Martial
  94. 77Supplementary provision
  95. Reporting restrictions
  96. 78Lifetime reporting restrictions in criminal proceedings for witnesses and victims under 18
  97. 79Reporting restrictions in proceedings other than criminal proceedings
  98. 80Reporting restrictions: information society services
  99. Other matters
  100. 81Representations to Parliament by the President of the Supreme Court
  101. 82The supplementary panel of the Supreme Court
  102. 83Minor amendments
  103. Part 4: Judicial review
  104. Judicial review in the High Court and Upper Tribunal
  105. 84Likelihood of substantially different outcome for applicant
  106. 85Provision of information about financial resources Not yet in force
  107. Planning proceedings
  108. 91Procedure for certain planning challenges
  109. 92Periods of time for certain legal challenges
  110. Part 5: Final provisions
  111. 93Power to make consequential and supplementary provision etc
  112. 94Financial provision
  113. 95Commencement
  114. 96Extent
  115. 97Channel Islands, Isle of Man and British overseas territories
  116. 98Short title
  117. Schedule 1: Sentence and Parole Board release for offenders of particular concern
  118. Part 1: Sentence and release
  119. Introduction
  120. 1Paragraph 1
  121. Sentence
  122. 2Paragraph 2 Repealed
  123. 3Paragraph 3 Repealed
  124. Offences of particular concern
  125. 4Paragraph 4 Repealed
  126. Release on licence to be directed by Parole Board
  127. 5Paragraph 5
  128. 6Paragraph 6
  129. 7Paragraph 7
  130. Part 2: Offenders convicted of service offences
  131. Armed Forces Act 2006 (c. 52)
  132. 8Paragraph 8
  133. Part 3: Transitional and transitory provision
  134. Application of new provisions about special custodial sentences
  135. 9Paragraph 9
  136. Detention in a young offender institution
  137. 10Paragraph 10 Repealed
  138. Part 4: Consequential provision
  139. Road Traffic Offenders Act 1988 (c. 53)
  140. 11Paragraph 11
  141. Crime (Sentences) Act 1997 (c. 43)
  142. 12Paragraph 12
  143. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
  144. 13Paragraph 13 Repealed
  145. Criminal Justice Act 2003 (c. 44)
  146. 14Paragraph 14
  147. 15Paragraph 15
  148. 16Paragraph 16
  149. 17Paragraph 17
  150. 18Paragraph 18 Repealed
  151. 19Paragraph 19
  152. 20Paragraph 20
  153. 21Paragraph 21
  154. 22Paragraph 22
  155. 23Paragraph 23
  156. 24Paragraph 24 Repealed
  157. Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
  158. 25Paragraph 25
  159. Schedule 2: Electronic monitoring and licences etc: consequential provision
  160. Crime (Sentences) Act 1997 (c. 43)
  161. 1Paragraph 1
  162. Criminal Justice and Court Services Act 2000 (c. 43)
  163. 2Paragraph 2
  164. Criminal Justice Act 2003 (c. 44)
  165. 3Paragraph 3
  166. 4Paragraph 4
  167. 5Paragraph 5
  168. 6Paragraph 6
  169. Schedule 3: Recall adjudicators: further provision Not yet in force
  170. Mental Health Act 1983 (c. 20) Not yet in force
  171. 1Paragraph 1 Not yet in force
  172. 2Paragraph 2 Not yet in force
  173. 3Paragraph 3 Not yet in force
  174. Criminal Justice Act 2003 (c. 44) Not yet in force
  175. 4Paragraph 4 Not yet in force
  176. 5Paragraph 5 Not yet in force
  177. 6Paragraph 6 Not yet in force
  178. 7Paragraph 7 Not yet in force
  179. 8Paragraph 8 Not yet in force
  180. 9Paragraph 9 Not yet in force
  181. 10Paragraph 10 Not yet in force
  182. 11Paragraph 11 Not yet in force
  183. Domestic Violence, Crime and Victims Act 2004 (c. 28) Not yet in force
  184. 12Paragraph 12 Not yet in force
  185. Offender Management Act 2007 (c. 21) Not yet in force
  186. 13Paragraph 13 Not yet in force
  187. 14Paragraph 14 Not yet in force
  188. 15Paragraph 15 Not yet in force
  189. Coroners and Justice Act 2009 (c. 25) Not yet in force
  190. 16Paragraph 16 Not yet in force
  191. Equality Act 2010 (c. 15) Not yet in force
  192. 17Paragraph 17 Not yet in force
  193. Excluded health care
  194. Use “for an education or childcare purpose”
  195. 2Paragraph 2
  196. Educational institutions
  197. Definitions
  198. Schedule 5: Minimum sentence for repeat offences involving offensive weapons etc: consequential provision
  199. Mental Health Act 1983 (c. 20)
  200. 1Paragraph 1
  201. Criminal Justice Act 1988 (c. 33)
  202. 2Paragraph 2
  203. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
  204. 3Paragraph 3 Repealed
  205. 4Paragraph 4 Repealed
  206. 5Paragraph 5 Repealed
  207. 6Paragraph 6 Repealed
  208. 7Paragraph 7 Repealed
  209. 8Paragraph 8 Repealed
  210. Criminal Justice Act 2003 (c. 44)
  211. 9Paragraph 9
  212. 10Paragraph 10 Repealed
  213. 11Paragraph 11 Repealed
  214. 12Paragraph 12 Repealed
  215. 13Paragraph 13 Repealed
  216. 14Paragraph 14 Repealed
  217. 15Paragraph 15 Repealed
  218. 16Paragraph 16 Repealed
  219. Coroners and Justice Act 2009 (c. 25)
  220. 17Paragraph 17 Repealed
  221. Schedule 6: Offences committed by disqualified drivers: further amendments
  222. Road Traffic Act 1988 (c. 52)
  223. 1Paragraph 1
  224. Road Traffic Offenders Act 1988 (c. 53)
  225. 2Paragraph 2
  226. 3Paragraph 3
  227. 4Paragraph 4
  228. 5Paragraph 5
  229. 6Paragraph 6
  230. 7Paragraph 7
  231. 8Paragraph 8
  232. 9Paragraph 9
  233. Crime (International Co-operation) Act 2003 (c. 32)
  234. 10Paragraph 10
  235. Criminal Justice Act 2003 (c. 44)
  236. 11Paragraph 11
  237. Coroners and Justice Act 2009 (c. 25)
  238. 12Paragraph 12
  239. Schedule 7: Mutual recognition of driving disqualification in UK and Republic of Ireland
  240. Part 1: Further provision
  241. Crime (International Co-operation) Act 2003 (c. 32)
  242. 1Paragraph 1
  243. 2Paragraph 2
  244. 3Paragraph 3
  245. 4Paragraph 4
  246. 5Paragraph 5
  247. 6Paragraph 6
  248. 7Paragraph 7
  249. 8Paragraph 8
  250. 9Paragraph 9
  251. 10Paragraph 10
  252. 11Paragraph 11
  253. 12Paragraph 12
  254. 13Paragraph 13
  255. 14Paragraph 14
  256. 15Paragraph 15
  257. 16Paragraph 16
  258. 17Paragraph 17
  259. 18Paragraph 18
  260. 19Paragraph 19
  261. 20Paragraph 20
  262. 21Paragraph 21
  263. Coroners and Justice Act 2009 (c. 25)
  264. 22Paragraph 22
  265. Part 2: Transition from EU Convention to new agreement
  266. Transitional period
  267. 23Paragraph 23
  268. Disapplication of duties and powers to give notices during the transitional period
  269. 24Paragraph 24
  270. 25Paragraph 25
  271. Application of duties and powers to give notices after the transitional period
  272. 26Paragraph 26
  273. Saving for pre-1 December 2014 cases
  274. 27Paragraph 27
  275. England and Wales service providers: extension of liability Repealed
  276. 1Paragraph 1 Repealed
  277. Non-UK service providers: restriction on institution of proceedings Repealed
  278. 2Paragraph 2 Repealed
  279. Exceptions for mere conduits Repealed
  280. 3Paragraph 3 Repealed
  281. Exception for caching Repealed
  282. 4Paragraph 4 Repealed
  283. Exception for hosting Repealed
  284. 5Paragraph 5 Repealed
  285. Interpretation Repealed
  286. 6Paragraph 6 Repealed
  287. Schedule 9: Secure colleges etc: further amendments
  288. Prison Act 1952 (c. 52)
  289. 1Paragraph 1
  290. 2Paragraph 2
  291. 3Paragraph 3
  292. 4Paragraph 4
  293. Criminal Justice Act 1961 (c. 39)
  294. 5Paragraph 5
  295. 6Paragraph 6
  296. 7Paragraph 7
  297. Criminal Justice Act 1982 (c. 48)
  298. 8Paragraph 8
  299. Police and Criminal Evidence Act 1984 (c. 60)
  300. 9Paragraph 9
  301. Water Industry Act 1991 (c. 56)
  302. 10Paragraph 10
  303. Prisoners (Return to Custody) Act 1995 (c. 16)
  304. 11Paragraph 11
  305. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
  306. 12Paragraph 12 Repealed
  307. Children Act 2004 (c. 31)
  308. 13Paragraph 13
  309. 14Paragraph 14
  310. 15Paragraph 15
  311. 16Paragraph 16
  312. 17Paragraph 17
  313. 18Paragraph 18
  314. 19Paragraph 19
  315. 20Paragraph 20
  316. Childcare Act 2006 (c. 21)
  317. 21Paragraph 21
  318. Education and Inspections Act 2006 (c. 40)
  319. 22Paragraph 22
  320. Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
  321. 23Paragraph 23
  322. Offender Management Act 2007 (c. 21)
  323. 24Paragraph 24
  324. 25Paragraph 25
  325. 26Paragraph 26
  326. Policing and Crime Act 2009 (c. 26)
  327. 27Paragraph 27
  328. Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
  329. 28Paragraph 28
  330. 29Paragraph 29
  331. 30Paragraph 30
  332. Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)
  333. 31Paragraph 31
  334. Social Services and Well-being (Wales) Act 2014 (anaw 4)
  335. 32Paragraph 32
  336. Schedule 10: Contracting out secure colleges
  337. Power to contract out
  338. 1Paragraph 1
  339. Running a contracted-out secure college
  340. 2Paragraph 2
  341. Leases and tenancies of land
  342. 3Paragraph 3
  343. Principal
  344. 4Paragraph 4
  345. Monitor
  346. 5Paragraph 5
  347. Officers
  348. 6Paragraph 6
  349. Officers who perform custodial duties
  350. 7Paragraph 7
  351. 8Paragraph 8
  352. 9Paragraph 9
  353. 10Paragraph 10
  354. 11Paragraph 11
  355. Intervention by Secretary of State
  356. 12Paragraph 12
  357. Obstruction etc of secure college custody officers
  358. 13Paragraph 13
  359. Assault of secure college custody officers
  360. 14Paragraph 14
  361. Wrongful disclosure of information relating to persons in youth detention accommodation
  362. 15Paragraph 15
  363. Meaning of “secure college custody officer”
  364. 16Paragraph 16
  365. Issue of certificate
  366. 17Paragraph 17
  367. Suspension of certificate
  368. 18Paragraph 18
  369. Revocation of certificate
  370. 19Paragraph 19
  371. Power to contract out functions at directly managed secure college
  372. 20Paragraph 20
  373. Powers of officers carrying out contracted-out functions
  374. 21Paragraph 21
  375. 22Paragraph 22
  376. Obstruction etc of secure college custody officers
  377. 23Paragraph 23
  378. Assault of secure college custody officers
  379. 24Paragraph 24
  380. Wrongful disclosure of information relating to persons in youth detention accommodation
  381. 25Paragraph 25
  382. Supplementary
  383. 26Paragraph 26
  384. 27Paragraph 27
  385. Part 5: Further amendments
  386. Prison Act 1952 (c. 52)
  387. 28Paragraph 28
  388. Criminal Justice Act 1967 (c. 80)
  389. 29Paragraph 29
  390. Firearms Act 1968 (c. 27)
  391. 30Paragraph 30
  392. Criminal Justice Act 1988 (c. 33)
  393. 31Paragraph 31
  394. Private Security Industry Act 2001 (c. 12)
  395. 32Paragraph 32
  396. Children Act 2004 (c. 31)
  397. 33Paragraph 33
  398. 34Paragraph 34
  399. 35Paragraph 35
  400. 36Paragraph 36
  401. Offender Management Act 2007 (c. 21)
  402. 37Paragraph 37
  403. Schedule 11: Trial by single justice on the papers: further amendments
  404. Criminal Law Act 1977 (c. 45)
  405. 1Paragraph 1
  406. Magistrates' Courts Act 1980 (c. 43)
  407. 2Paragraph 2
  408. 3Paragraph 3
  409. 4Paragraph 4
  410. 5Paragraph 5
  411. 6Paragraph 6
  412. Prosecution of Offences Act 1985 (c. 23)
  413. 7Paragraph 7
  414. Road Traffic Offenders Act 1988 (c. 53)
  415. 8Paragraph 8
  416. 9Paragraph 9 Repealed
  417. 10Paragraph 10
  418. 11Paragraph 11 Repealed
  419. Pension Schemes Act 1993 (c. 48)
  420. 12Paragraph 12
  421. Vehicle Excise and Registration Act 1994 (c. 22)
  422. 13Paragraph 13
  423. Criminal Justice and Public Order Act 1994 (c. 33)
  424. 14Paragraph 14
  425. Drug Trafficking Act 1994 (c. 37)
  426. 15Paragraph 15
  427. Merchant Shipping Act 1995 (c. 21)
  428. 16Paragraph 16
  429. Terrorism Act 2000 (c. 11)
  430. 17Paragraph 17
  431. Proceeds of Crime Act 2002 (c. 29)
  432. 18Paragraph 18
  433. Education Act 2002 (c. 32)
  434. 19Paragraph 19
  435. Crime (International Co-operation) Act 2003 (c. 32)
  436. 20Paragraph 20
  437. 21Paragraph 21
  438. 22Paragraph 22
  439. Criminal Justice Act 2003 (c. 44)
  440. 23Paragraph 23 Repealed
  441. Schedule 12: Further provision about criminal courts charge
  442. Rehabilitation of Offenders Act 1974 (c. 53)
  443. 1Paragraph 1
  444. Magistrates' Courts Act 1980 (c. 43)
  445. 2Paragraph 2
  446. 3Paragraph 3
  447. 4Paragraph 4
  448. Prosecution of Offences Act 1985 (c. 23)
  449. 5Paragraph 5
  450. Insolvency Act 1986 (c. 45)
  451. 6Paragraph 6
  452. Criminal Justice Act 1991 (c. 53)
  453. 7Paragraph 7
  454. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
  455. 8Paragraph 8
  456. 9Paragraph 9 Repealed
  457. 10Paragraph 10
  458. Proceeds of Crime Act 2002 (c. 29)
  459. 11Paragraph 11
  460. Criminal Justice Act 2003 (c. 44)
  461. 12Paragraph 12
  462. 13Paragraph 13 Repealed
  463. 14Paragraph 14 Repealed
  464. 15Paragraph 15 Repealed
  465. 16Paragraph 16 Repealed
  466. Schedule 13: Juries at inquests
  467. Jurors and electronic communications devices
  468. 1Paragraph 1
  469. 2Paragraph 2
  470. Offences relating to research by jurors etc
  471. 3Paragraph 3
  472. 4Paragraph 4
  473. 5Paragraph 5
  474. Offence relating to jury's deliberations
  475. 6Paragraph 6
  476. Saving for contempt of court
  477. 7Paragraph 7
  478. Schedule 14: Members of the Court Martial
  479. Part 1: Offences
  480. 1Paragraph 1
  481. 2Paragraph 2
  482. 3Paragraph 3
  483. Part 2: Further amendments
  484. 4Paragraph 4
  485. 5Paragraph 5
  486. 6Paragraph 6
  487. 7Paragraph 7
  488. 8Paragraph 8
  489. 9Paragraph 9
  490. Schedule 15: Reporting restrictions: providers of information society services
  491. 1Paragraph 1
  492. Youth Justice and Criminal Evidence Act 1999 (c. 23)
  493. 2Paragraph 2
  494. Schedule 16: Procedure for certain planning challenges
  495. Town and Country Planning Act 1990 (c. 8)
  496. 1Paragraph 1
  497. 2Paragraph 2
  498. 3Paragraph 3
  499. 4Paragraph 4
  500. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
  501. 5Paragraph 5
  502. 6Paragraph 6
  503. Planning (Hazardous Substances) Act 1990 (c. 10)
  504. 7Paragraph 7
  505. Planning and Compulsory Purchase Act 2004 (c. 5)
  506. 8Paragraph 8