# 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

The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6thAugust 2010. Sections201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.

Made under: Criminal Justice and Licensing (Scotland) Act 2010 (Section 201, Section 206)

PDFs: Printed copy https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-10-and-saving-provisions-order-2012/pdf/ssi_20120160_en.pdf; Executive Note https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-10-and-saving-provisions-order-2012/pdf/ssien_20120160_en.pdf

## Introductory text

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 2010.

## 1 Citation 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.

## 2 Interpretation

(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.

## 3 Commencement 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.

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

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Source: https://www.legislation.gov.uk/ssi/2012/160 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010-commencement-no-10-and-saving-provisions-order-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.