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