Criminal Justice (Scotland) Act 2003
2003 asp 7 · Enacted 26 March 2003 · Extends to Scotland
An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th February 2003 and received Royal Assent on 26th March 2003
Contents
- Part 1: Protection of the public at large
- Risk assessment and order for lifelong restriction
- 1Risk assessment and order for lifelong restriction
- Disposal in case of insanity
- 2Disposal of case where accused found to be insane
- The Risk Management Authority
- 3The Risk Management Authority
- 4Policy and research
- 5Guidelines and standards
- 6Risk management plans
- 7Preparation of risk management plans
- 8Preparation of risk management plans: further provision
- 9Implementation and review of risk management plans
- 10Grants to local authorities in connection with risk management plans
- 11Accreditation, education and training
- 12Functions: supplementary
- 13Accounts and annual reports
- Part 2: Victims' rights
- 14Victim statements
- 15Prohibition of personal conduct of defence in proofs ordered in relation to victim statements in cases of certain sexual offences
- 15AApplication of sections 271 to 271M of the 1995 Act in proofs ordered in relation to victim statements Repealed
- 16Victim’s right to receive information concerning release etc. of offender
- 16ZAProvision of information to person supporting victim
- 16AVictim's right to receive information concerning offender subject to compulsion order
- 16BPerson entitled to ask to be given information under section 16A
- 16CInformation to be given under section 16A
- 16DProvision of information concerning offender subject to compulsion order to person supporting victim
- 17Release on licence: right of victim to receive information and make representations
- 17ZARelease on licence: provision of information to person supporting victim
- 17ATemporary release: victim's right to make representations about conditions
- 17BMentally-disordered offender: victim's right to make representations
- 17CMaking representations under section 17B
- 17DRight to information after section 17B decision
- 17DASection 17B decision: provision of information to person supporting victim
- 17EInformation sharing in respect of mentally-disordered offenders
- 18Disclosure of certain information relating to victims of crime
- 18AInterpretation of Part
- 18BPower to modify Part
- Part 3: Sexual offences etc.
- 19Amendments in relation to certain serious and sexual offences
- 20Extended sentences
- 21Sexual and certain other offences: reports
- 22Traffic in prostitution etc. Repealed
- Part 4: Prisoners etc.
- Custody and temporary detention
- 23Remand and committal of children and young persons
- 24Legal custody
- 25Temporary detention of person being returned to prison in England and Wales etc.
- Consecutive sentences
- 26Consecutive sentences: life prisoners etc.
- Release of prisoners
- 27Release on licence etc. under 1989 Act
- 28Release on licence etc. under 1993 Act
- 29Release on licence: life prisoners
- 30Release on licence: certain consecutive sentences
- 31Release: prisoners serving extended sentences
- 32Release etc. under 1993 Act of prisoner serving consecutive or concurrent offence and non-offence terms
- 33Prisoners repatriated to Scotland
- 34Suspension of conditions and revocation of licences under 1989 Act
- 35Suspension of licence conditions under 1993 Act
- 36Revocation of licences under 1993 Act
- 37Extended sentences: recall to prison and revocation of licences
- 38Special provision in relation to children
- Special provision as regards certain life prisoners
- 39Convention rights of certain life prisoners
- Monitoring on release
- 40Remote monitoring of released prisoners Repealed
- Parole Board to have regard to risk management plans
- 41Parole Board to have regard to risk management plans
- Part 5: Drugs courts
- 42Drugs courts
- Part 6: Non-custodial punishments
- 43Restriction of liberty orders
- 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 46Requirement for remote monitoring in probation order Repealed
- 47Requirement for remote monitoring in drug treatment and testing order
- 48Breach of certain orders: adjourning hearing and remanding in custody etc.
- 49Power of arrest where breach of non-harassment order
- 50Amendments in relation to certain non-custodial sentences
- Part 7: Children
- 51Physical punishment of children Repealed
- 52Prohibition of publication of proceedings at children’s hearing etc.
- 53Provision by Principal Reporter of information to victims Repealed
- Part 8: Evidential, jurisdictional and procedural matters
- Evidential matters
- 54Certificates relating to physical data: sufficiency of evidence
- 55Taking samples by swabbing
- 56Retaining sample or relevant physical data where given voluntarily
- 57Convictions in other member States of the European Union
- Jurisdictional matters
- 58Transfer of sheriff court proceedings
- 59Competence of justice’s actings outwith jurisdiction
- Procedural matters
- 60Unified citation provisions
- 61Citation other than by service of indictment or complaint
- 62Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act
- 63Adjournment at first diet in summary proceedings
- 64Review hearing of drug treatment and testing order
- 65Transcript of record
- 66Bail and related matters
- 67Adjournment of case before sentence
- Part 9: Bribery and corruption
- 68Bribery and corruption: foreign officers etc. Repealed
- 69Bribery and corruption committed outwith UK Repealed
- Part 10: Criminal records
- 70Registration for criminal records purposes
- Part 11: Local authority functions
- 71Advice, guidance and assistance to persons arrested or on whom sentence deferred
- 72Grants to local authorities discharging certain functions jointly
- Part 12: Miscellaneous and general
- Miscellaneous
- 73Public defence
- 74Offences aggravated by religious prejudice Repealed
- 75Reintroduction of ranks of deputy chief constable and chief superintendent Repealed
- 76Police custody and security officers
- 77Wildlife offences
- 78Disqualification from jury service
- 79Separation of jury after retiral
- 80Television link from court to prison or other place of detention Repealed
- 81Warrants issued in Northern Ireland for search of premises in Scotland
- 82Use of electronic communications or electronic storage in connection with warrants to search
- 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- General
- 84Transitional provisions etc.
- 85Minor and consequential amendments
- 86Repeals
- 87Interpretation
- 88Orders
- 89Short title and commencement
- Schedule 1: Order for lifelong restriction: modification of enactments
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2: Constitution etc. of the Risk Management Authority
- 1Status
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 3: Wildlife offences
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4: Minor and consequential amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4 Not yet in force
- 5Paragraph 5
- Schedule 5Repeals