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The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012

S.S.I. 2012/160 · Made 21 May 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law

Made 21st May 2012

Laid before the Scottish Parliament 23rd May 2012

Coming into force 25th June 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1), (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010f1.

Annotations to the whole text

Footnotes

f1

2010 asp 13.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Commencement of provisions
  4. 4Saving provisions
  5. Signature
  6. Schedule Schedule
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012 and comes into force on 25th June 2012.

2Interpretation

(1)

In this Order “the Act” means the Criminal Justice and Licensing (Scotland) Act 2010.

(2)

For the purposes of this Order criminal proceedings are commenced—

(a)

in summary proceedings, on the date of the first calling of the case; and

(b)

in solemn proceedings, on the date on whichever of the following first occur—

(i)

the grant of a warrant to arrest and commit;

(ii)

the intimation of a petition; or

(iii)

the service of an indictment.

3Commencement of provisions

The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on 25th June 2012 and apply to criminal proceedings commenced on or after that date irrespective of the date the offence was committed.

4Saving provisions

(1)

The rules of law referred to in section 171 of the Act continue to have effect in relation to criminal proceedings commenced before 25th June 2012.

(2)

The common law of diminished responsibility continues to have effect in relation to criminal proceedings commenced on or after 25th June 2012 where the conduct giving rise to the proceedings took place before that date, the case proceeding as if—

(a)

section 168 of the Act (in so far as inserting section 51B of the Criminal Procedure (Scotland) Act 1995f1; and

(b)

section 171 of the Act (in so far as abolishing the plea of diminished responsibility),

had not been commenced.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st May 2012

Column 1

(Provisions of the Act)

Column 2

(Subject matter)

Section 168Criminal responsibility of persons with mental disorder
Section 169Acquittal involving mental disorder: procedure
Section 170Unfitness for trial
Section 171Abolition of common law rules
In Schedule 7, paragraphs—
8Modification of the Rehabilitation of Offenders Act 1974
16Modifications of the Legal Aid (Scotland) Act 1986
32, 37 to 43, 46, 51, 57, 58 and 62Modifications of the Criminal Procedure (Scotland) Act 1995
66Modification of the Crime and Punishment (Scotland) Act 1997
71Modification of the Criminal Justice (Scotland) Act 2003
73Modification of the Sexual Offences Act 2003
75Modifications of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
76Modifications of the Management of Offenders etc. (Scotland) Act 2005
84Modification of the Protection of Vulnerable Groups (Scotland) Act 2007
85Modifications of the Counter-Terrorism Act 2008
87Modifications of the Coroners and Justice Act 2009

Explanatory note

(This note is not part of the Order)

The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.

This Order brings into force sections 168 to 171 of the Act (and related provisions in Schedule 7 of the Act). These provisions implement the Scottish Law Commission’s Report on Insanity and Diminished Responsibility. The provisions come into force on 25th June 2012 and apply in general to all criminal proceedings commenced on or after that date, irrespective of when the conduct giving rise to the proceedings occurred.

There is one exception to this general approach. In the light of developments in the common law of diminished responsibility that have occurred since the Act received Royal Assent, section 168 of the Act (in so far as inserting section 51B in the Criminal Procedure (Scotland) Act 1995) does not apply where the conduct giving rise to the proceedings took place before 25th June 2012, even when the proceedings are commenced after that date. In such cases the common law of diminished responsibility continues to have effect.