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Criminal Law (Consolidation) (Scotland) Act 1995

1995 c. 39 · Enacted 8 November 1995 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 28 August 2024.

See the changes not yet applied
ProvisionChangeMade by
s. 44(3)(a)words insertedCriminal Justice and Licensing (Scotland) Act 2010 s. 200(2)(b)
s. 30(8)addedCriminal Justice and Licensing (Scotland) Act 2010 s. 200(2)(a)
s. 44(2)(b) (c)words insertedCriminal Justice and Licensing (Scotland) Act 2010 s. 200(2)(b)
s. 44(4)words insertedCriminal Justice and Licensing (Scotland) Act 2010 s. 200(2)(b)
s. 45(6)addedCriminal Justice and Licensing (Scotland) Act 2010 s. 200(2)(c)
s. 46(4)words repealedCriminal Justice and Licensing (Scotland) Act 2010 s. 200(2)(d)(i)
s. 46(5)addedCriminal Justice and Licensing (Scotland) Act 2010 s. 200(2)(d)(ii)

An Act to consolidate for Scotland certain enactments creating offences and relating to criminal law there.

[8th November 1995]

C1C2BE 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:—

Annotations to the whole text

Modifications

C1

Act extended (1.4.1996) by 1995 c. 40, ss. 1, 2(2), 7(2)

C2

Act modified (1.4.1996) by 1995 c. 46, ss. 46(3), 309(2) (with ss. 24(2), 307)

Contents

  1. Part I: SEXUAL OFFENCES
  2. Incest and related offences
  3. 1Incest.
  4. 2Intercourse with step-child.
  5. 3Intercourse of person in position of trust with child under 16. Repealed
  6. 4Proceedings and penalties for offences under sections 1 and 2.
  7. Offences against children
  8. 5Intercourse with girl under 16. Repealed
  9. 6Indecent behaviour towards girl between 12 and 16. Repealed
  10. Procuring, prostitution etc.
  11. 7Procuring.
  12. 8Abduction and unlawful detention.
  13. 9Permitting girl to use premises for intercourse.
  14. 10Seduction, prostitution, etc., of girl under 16.
  15. 11Trading in prostitution and brothel-keeping.
  16. 12Allowing child to be in brothel.
  17. 12ASections 11(5) and 12: further provision
  18. Living on earnings of another from male prostitution
  19. 13Living on earnings of another from male prostitution
  20. Miscellaneous
  21. 14Power, on indictment for rape, etc., to convict of other offences. Repealed
  22. 15Defence to charge of indecent assault. Repealed
  23. 16Power of search. Repealed
  24. 16AConspiracy or incitement to commit certain sexual acts outside the United Kingdom. Repealed
  25. 16BCommission of certain sexual acts outside the United Kingdom. Repealed
  26. 17Liability to other criminal proceedings.
  27. Part II: SPORTING EVENTS: CONTROL OF ALCOHOL ETC.
  28. 18Designation of sports grounds and sporting events.
  29. 19Alcohol on vehicles.
  30. 20Sporting events: controls.
  31. 21Police powers of enforcement.
  32. 22Presumption as to contents of container.
  33. 23Interpretation of Part II.
  34. Part III: Investigation of Revenue and Customs offences
  35. Investigation of offences by HMRC
  36. 23AInvestigation of offences by Her Majesty's Revenue and Customs
  37. Production orders
  38. 23BProduction orders
  39. 23CProduction orders: supplementary
  40. 23DOffences in relation to production orders
  41. Revenue and Customs warrants
  42. 23ERevenue and Customs warrants
  43. Orders and warrants: common provisions
  44. 23FProcedure where documents etc removed
  45. 23GAccess to and copies of documents etc removed
  46. 23HFailure to comply with requirements of section 23F and 23G
  47. 23JConfidentiality
  48. 23KMeaning of “document” etc
  49. Execution and enforcement of orders and warrants outwith Scotland
  50. 23LCross-border exercise of powers
  51. Detention and questioning of suspects and witnesses
  52. 23MPowers relating to suspects and potential witnesses
  53. 23NFingerprinting of persons suspected of offences
  54. 23POffences arising from breach of requirements under sections 23M and 23N
  55. 24Detention and questioning : Revenue and Customs, immigration and nationality offences Repealed
  56. 24AExtension of period of detention under section 24 Repealed
  57. 24BExtension under section 24A: procedure Repealed
  58. 25Right to have someone informed when detained. Repealed
  59. 25ARight of suspects to have access to a solicitor Repealed
  60. 26Detention in connection with certain drug smuggling offences.
  61. Power of arrest
  62. 26APower of arrest Repealed
  63. General provisions
  64. 26BInterpretation of Part 3 etc
  65. 26CInvestigations by designated customs officials
  66. Part IV: INVESTIGATION OF SERIOUS OR COMPLEX FRAUD
  67. 27Lord Advocate’s direction.
  68. 28Powers of investigation.
  69. 29Offences in relation to investigations under section 28.
  70. 30Disclosure of information.
  71. Part V: DRUG TRAFFICKING
  72. Investigations and disclosure of information
  73. 31Order to make material available. Repealed
  74. 32Authority for search. Repealed
  75. 33Interpretation of sections 31 and 32. Repealed
  76. 34Prosecution by order of the Commissioners of Customs and Excise. Repealed
  77. 35Disclosure of information held by government departments. Repealed
  78. Offences
  79. 36Offence of prejudicing investigation. Repealed
  80. 37Acquisition, possession or use of proceeds of drug trafficking. Repealed
  81. 38Offence of assisting another to retain the proceeds of drug trafficking. Repealed
  82. 39Failure to disclose knowledge or suspicion of money laundering. Repealed
  83. 40Tipping-off. Repealed
  84. 41Offences relating to controlled drugs: fines.
  85. 42Extension of certain offences to Crown servants and exemptions for regulators etc. Repealed
  86. 43Interpretation of Part V.
  87. Part VI: MISCELLANEOUS AND GENERAL
  88. False oaths etc.
  89. 44False statements and declarations.
  90. 45Provisions supplementary to section 44.
  91. 46Proceedings.
  92. False monetary instruments
  93. 46AFalse monetary instruments
  94. Offensive weapons
  95. 47Prohibition of the carrying of offensive weapons.
  96. 48Search for offensive weapons.
  97. 49Offence of having in public place article with blade or point.
  98. 49AOffence of having article with blade or point (or offensive weapon) on school premises.
  99. 49BPower of entry to search for articles with a blade or point and offensive weapons.
  100. 49COffence of having offensive weapon etc. in prison
  101. 50Extension of constable’s power to stop, search and arrest without warrant.
  102. Racially-aggravated harassment
  103. 50ARacially-aggravated harassment. Repealed
  104. Reset
  105. 51Reset.
  106. Vandalism
  107. 52Vandalism.
  108. General
  109. 53Short title, commencement and extent.
  110. Part TABLE OF DERIVATIONS
  111. 1Notes:
  112. 2Notes: