Criminal Law (Consolidation) (Scotland) Act 1995 in Wales
1995 c. 39 · Enacted 8 November 1995 · Extends to United Kingdom
Contents
- Incest and related offences
- 2Intercourse with step-child.
- Offences against children
- 12Allowing child to be in brothel.
- 12ASections 11(5) and 12: further provision
- 17Liability to other criminal proceedings.
- 18Designation of sports grounds and sporting events.
- Production orders
- 23BProduction orders
- 23CProduction orders: supplementary
- 23DOffences in relation to production orders
- Revenue and Customs warrants
- 23ERevenue and Customs warrants
- Orders and warrants: common provisions
- 23FProcedure where documents etc removed
- 23GAccess to and copies of documents etc removed
- 23HFailure to comply with requirements of section 23F and 23G
- 23JConfidentiality
- 23KMeaning of “document” etc
- Execution and enforcement of orders and warrants outwith Scotland
- 23LCross-border exercise of powers
- 23MPowers relating to suspects and potential witnesses
- 23NFingerprinting of persons suspected of offences
- 24BExtension under section 24A: procedure Repealed
- 25ARight of suspects to have access to a solicitor Repealed
- Power of arrest
- 26CInvestigations by designated customs officials
- Part IV: INVESTIGATION OF SERIOUS OR COMPLEX FRAUD
- 27Lord Advocate’s direction.
- 28Powers of investigation.
- 29Offences in relation to investigations under section 28.
- Part V: DRUG TRAFFICKING
- Investigations and disclosure of information
- 35Disclosure of information held by government departments. Repealed
- Part VI: MISCELLANEOUS AND GENERAL
- 46AFalse monetary instruments
- 49BPower of entry to search for articles with a blade or point and offensive weapons.
- 50ARacially-aggravated harassment. Repealed
- 51Reset.
- 52Vandalism.
- General
- 53Short title, commencement and extent.
- Part TABLE OF DERIVATIONS
- 1Notes:
- 2Notes:
12Allowing child to be in brothel.
If any person having parental responsibilities (within the meaning of section 1(3) of the M1Children (Scotland) Act 1995), in relation to, or having charge or care of a child who has attained the age of four years and is under the age of 16 years, allows that child to reside in or to frequent a brothel, he shall be liable on conviction on indictment, or on summary conviction, to a fine not exceeding level 2 on the standard scale or alternatively, or in default of payment of such a fine, or in addition thereto, to imprisonment for a term not exceeding six months.
Nothing in this section shall affect the liability of a person to be indicted under section 9 of this Act, but upon the trial of a person under that section it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under this section, to find him guilty of that offence.
12ASections 11(5) and 12: further provisionF1
Premises shall be treated for the purposes of sections 11(5) and 12 of this Act as a brothel if people resort to them for the purposes of homosexual acts in circumstances in which resort to them for heterosexual practices would have led to the premises being treated as a brothel for the purposes of those sections.
For the purposes of this section, a homosexual act is an act of engaging in sexual activity by one male person with another male person; and an activity is sexual in any case if a reasonable person would, in all the circumstances of the case, consider it to be sexual.
17Liability to other criminal proceedings.
This Part of this Act shall not exempt any person from any proceedings for an offence which is punishable at common law, or under any enactment other than this Part, but nothing in this Part of this Act shall enable a person to be punished twice for the same offence.
18Designation of sports grounds and sporting events.
Subject to subsection (2) below, the Secretary of State may for the purposes of this Part of this Act by order designate—
a sports ground or a class of sports ground;
a sporting event, or a class of sporting event, at that ground or at any of that class of ground;
a sporting event, or a class of sporting event, taking place outside Great Britain.
An order under this section shall not apply to a sporting event at which all the participants take part without financial or material reward and to which all spectators are admitted free of charge; but this subsection is without prejudice to the order’s validity as respects any other sporting event.
The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
23BProduction ordersF1
The sheriff may, if satisfied on information on oath given by an authorised officer as to the matters mentioned in subsection (2) below, make an order under subsection (3) below (in this Part, a “production order”).
Those matters are—
that there are reasonable grounds to suspect that a Revenue and Customs offence has been or is being committed; and
that a person (in this Part, a “haver”) specified by the officer has possession or control of a document which may be required as evidence for the purposes of any proceedings in respect of such an offence.
A production order is an order requiring the haver, before the expiry of the period specified in the order—
to deliver the document to an officer; or
to—
give an officer access to the document; and
permit the officer to make copies of or remove the document.
The period specified in a production order is—
the period of 10 working days beginning with the day on which the order is made; or
such other period as the sheriff considers appropriate.
A sheriff may make a production order in relation to a haver residing or having a place of business in an area of Scotland notwithstanding that it is outside the area of that sheriff and any such order shall, without being backed or endorsed by another sheriff, have effect throughout Scotland.
Subject to section 23J of this Act, a production order has effect in spite of any restriction on disclosure of information (however imposed).
Without prejudice to section 23D(1) of this Act, failure by a person to comply with a production order may be dealt with as a contempt of court.
In subsection (4)(a) above, “working day” means any day other than—
a Saturday;
a Sunday; or
any day which is a public holiday in the area in which the production order is to have effect.
23CProduction orders: supplementaryF1
The sheriff may deal with an application for a production order ex parte in chambers.
The sheriff may, on the application of a person mentioned in subsection (3) below—
vary; or
discharge,
a production order.
The persons referred to in subsection (2) above are—
the authorised officer who applied for the production order;
a person affected by the order.
Without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, rules of court made by Act of Adjournal may make provision in relation to—
proceedings relating to the making of production orders; and
the variation or discharge of such orders.
23DOffences in relation to production ordersF1
A person who intentionally—
falsifies;
conceals;
destroys or otherwise disposes of,
a document to which this section applies, or who causes or permits any of those acts, commits an offence.
This section applies to a document which the person is required, under a production order, to—
deliver to an officer; or
give an officer access to.
A person does not commit an offence if the person acts—
with the written permission of—
an officer; or
the sheriff who made the order,
after the document has been delivered or the officer has had access to it;
subject to subsection (4) below, after the expiry of the period of 2 years beginning with the day on which the order is made.
Subsection (3)(b) above does not apply where, before the expiry of the period referred to in that paragraph, an officer gives notice in writing to the person that the order has not been complied with to that officer's satisfaction.
A person who commits an offence under subsection (1) above is liable—
on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a period not exceeding 2 years or to a fine or both.
23ERevenue and Customs warrantsF1
The sheriff may, if satisfied on information on oath given by an authorised officer as to the matters mentioned in subsection (2) below, grant a warrant under subsection (3) below (in this Part, a “Revenue and Customs warrant”).
Those matters are—
that there are reasonable grounds to suspect that a Revenue and Customs offence has been or is being committed; and
that evidence of that offence is to be found in or on premises specified in the information.
A Revenue and Customs warrant is a warrant authorising an officer to—
enter, if necessary by force, the premises specified in the information; and
search those premises,
before the expiry of the period of one month beginning with the day on which the warrant is granted.
The sheriff may, when granting a warrant, impose such conditions as the sheriff considers appropriate.
An officer who enters premises under the authority of a Revenue and Customs warrant may—
subject to any condition imposed under subsection (4) above, take with the officer such other persons (including persons who are not officers) as appear to that officer to be necessary;
subject to subsection (6) below, seize and remove any document or other thing found in or on the premises which the officer has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of the offence mentioned in subsection (2)(a) above; and
subject to subsections (6) and (7) below—
search or cause to be searched any person found in or on the premises whom the officer has reasonable cause to believe may be in possession of any such document or thing; and
seize and remove any such document or thing found.
An officer acting under the authority of a Revenue and Customs warrant may, if the officer considers it appropriate, makes copies of any document or thing found in or on the premises or on any person searched under subsection (5)(c) above.
No person may be searched under subsection (5)(c) above except by a person of the same sex.
A sheriff may grant a Revenue and Customs warrant in relation to premises situated in an area of Scotland notwithstanding that it is outside the area of that sheriff and any such warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it may be executed within the sheriffdom of the sheriff who granted it.
In this section and in sections 23F to 23H of this Act, “premises” includes any place and, in particular—
any vehicle, vessel, aircraft or hovercraft;
any offshore installation (within the meaning of section 12(1) of the Mineral Workings (Offshore Installations) Act 1971); and
any tent or other movable structure.
23FProcedure where documents etc removedF1
This section applies where—
a document is removed under a production order;
a document or other thing is removed under a Revenue and Customs warrant.
An officer who removes any document or thing shall, if requested to do so by a person mentioned in subsection (3) below, provide that person with a record of what that officer removed.
The persons referred to in subsection (2) above are—
in the case of a document removed under a production order, a haver;
in the case of a document or thing removed under a Revenue and Customs warrant—
a person who is the occupier of any premises from which the document or thing was removed; or
a person who had possession or control of the document or thing before it was removed.
The officer must provide the record within a reasonable time of the request for it.
23GAccess to and copies of documents etc removedF1
This section applies where—
a document is removed under a production order;
a document or other thing is removed under a Revenue and Customs warrant.
A person mentioned in subsection (3) below may apply to the officer in overall charge of the investigation to which the order or warrant relates—
for access to the document or thing; or
for a copy or photograph of it.
The persons referred to in subsection (2) above are—
in the case of a document removed under a production order—
a haver; or
a person acting on behalf of the haver;
in the case of a document or thing removed under a Revenue and Customs warrant, a person who had possession or control of the document or thing before it was removed.
Unless subsection (5) below applies, the officer in overall charge of the investigation shall—
in a case to which subsection (2)(a) above applies, allow the applicant supervised access to the document or thing; or
in a case to which subsection (2)(b) above applies—
allow the applicant supervised access to the document or thing for the purposes of photographing or copying it; or
photograph or copy the document or thing (or cause it to be so photographed or copied) and provide the applicant with such a photograph or copy within a reasonable time.
The officer in overall charge need not comply with subsection (4) above where that officer has reasonable grounds for believing that to do so would prejudice—
the investigation;
the investigation of a Revenue and Customs offence other than the offence for the purposes of the investigation of which the document or thing was removed; or
any criminal proceedings which may be brought as a result of any investigation mentioned in paragraph (a) or (b) above.
In subsection (4) above, “supervised access” means access under the supervision of an officer approved by the officer in overall charge of the investigation.
23HFailure to comply with requirements of section 23F and 23GF1
This section applies where—
a document is removed under a production order;
a document or other thing is removed under a Revenue and Customs warrant.
Subject to subsection (3) below, a person who claims that—
an officer has failed to comply with the requirements of section 23F(2) or (3) of this Act; or
an officer in overall charge of an investigation has failed to comply with the requirements of section 23G(4) of this Act,
may apply to the sheriff for an order under subsection (4) below.
An application under subsection (2) above—
relating to a failure mentioned in subsection (2)(a) above, may be made only by a person who is entitled to make a request under section 23F(2) of this Act;
relating to a failure mentioned in subsection (2)(b) above, may be made only by—
a haver;
a person acting on behalf of a haver but only where that person applied under section 23G(2) of this Act;
a person who had possession or control of the document or thing before it was removed under a Revenue and Customs warrant.
The sheriff may, if satisfied that—
the officer has failed to comply with the requirements of section 23F(2) or (3) of this Act; or
the officer in overall charge of the investigation has failed to comply with the requirements of section 23G(4) of this Act,
order the officer or, as the case may be, the officer in overall charge of the investigation to comply with the requirements within such time and in such manner as the sheriff specifies in the order.
23JConfidentialityF1
Neither a production order nor a Revenue and Customs warrant authorises the seizure, removal or copying of any documents or other things subject to legal privilege.
Subsection (1) above does not apply where the document or thing is held for the purposes of furthering a criminal purpose.
In this section—
“documents or other things subject to legal privilege” means—
- (a)
communications between a professional legal adviser and the adviser's client; or
- (b)
communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,
which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to confidentiality of communications.
23KMeaning of “document” etcF1
In sections 23B to 23J of this Act, references to a “document” include—
any thing in which information of any description is recorded; and
any part of such a thing.
Where a production order or a Revenue and Customs warrant applies to a document in electronic or magnetic form, the order or, as the case may be, the warrant requires the person having possession or control of the document to deliver or, as the case may be, give access to the information in a form which is visible and legible and, if the officer executing the order or warrant wishes to remove it, in a form which can be removed.
23LCross-border exercise of powersF1
Section 4 of the Summary Jurisdiction Act 1881 (execution of process of Scottish courts in England and Wales) shall apply to—
a production order; and
a Revenue and Customs warrant,
as it applies to a process mentioned in that section.
Section 29 of the Petty Sessions (Ireland) Act 1851 (execution of warrants in Northern Ireland) shall apply to—
a production order; and
a Revenue and Customs warrant,
as it applies to a warrant mentioned in that section.
23MPowers relating to suspects and potential witnessesF1
Where an authorised officer has reasonable grounds for suspecting that a person has committed or is committing, at any place, a Revenue and Customs offence, the officer may require—
that person, if found by the officer at that place or at any place where the officer is entitled to be, to give—
the information mentioned in subsection (2) below; and
an explanation of the circumstances which have given rise to the officer's suspicion;
any other person whom the officer finds at that place or at any place where the officer is entitled to be and who the officer believes has information relating to the offence, to give the information mentioned in subsection (2) below.
That information is—
the person's name;
the person's address;
the person's date of birth;
the person's place of birth (in such detail as the officer considers necessary or expedient for the purpose of establishing that person's identity); and
the person's nationality.
The officer may require the person mentioned in paragraph (a) of subsection (1) above to remain with the officer while the officer (any or all)—
subject to subsection (4) below, verifies any information mentioned in subsection (2) above given by the person;
subject to section (5) below, establishes whether the person may be a person suspected of having committed a Revenue and Customs offence other than the offence in relation to which the officer made the requirement of that person under paragraph (a) of subsection (1) above;
notes any explanation proffered by the person.
The officer shall exercise the power under paragraph (a) of subsection (3) above only where it appears to the officer that such verification can be obtained quickly.
The officer shall exercise the power under paragraph (b) of subsection (3) above only where—
the person mentioned in paragraph (a) of subsection (1) above has given a name and address; and
it appears to the officer that establishing the matter mentioned in paragraph (b) of subsection (3) above can be achieved quickly.
The officer may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with that officer.
The officer shall inform a person, when making a requirement of that person under—
paragraph (a) of subsection (1) above, of the officer's suspicion and of the general nature of the offence which the officer suspects that the person has committed or is committing;
paragraph (b) of subsection (1) above, of the officer's suspicion, of the general nature of the offence which the officer suspects has been or is being committed and that the reason for the requirement is that the officer believes the person has information relating to the offence;
subsection (3) above, why the person is being required to remain with the officer;
any of the said subsections, that failure to comply with the requirement may constitute an offence.
23NFingerprinting of persons suspected of offencesF1
An authorised officer may, if the person mentioned in section 23M(1)(a) of this Act gives a name and address, require that person to provide—
that person's fingerprints; or
a record, created by an approved device, of the skin on that person's fingers.
Such fingerprints or record may be used only for the purposes of—
verifying the name and address given by the person;
establishing whether the person may be a person who is suspected of having committed any other Revenue and Customs offence,
and all record of such fingerprints or record shall be destroyed as soon as possible after they have fulfilled those purposes.
The officer shall inform a person, when making a requirement of that person under subsection (1) above—
of the existence of the power to make the requirement and why the officer proposes to exercise it in the person's case; and
that failure to comply with the requirement may constitute an offence.
In subsection (1)(b) above, an “approved device” is any device approved by the Scottish Ministers under section 13(8) of the Criminal Procedure (Scotland) Act 1995.
24BExtension under section 24A: procedureF1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25ARight of suspects to have access to a solicitorF1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26CInvestigations by designated customs officialsF1F2
In the application of this Part of this Act to investigations conducted by designated customs officials—
references to an officer are to a designated customs official;
references to an authorised officer are to a designated customs official acting with the authority (which may be general or specific) of—
the Secretary of State in relation to investigations relating to general customs matters, or
the Director of Border Revenue in relation to investigations relating to customs revenue matters;
references to the Commissioners for Her Majesty's Revenue and Customs are to—
the Secretary of State in relation to investigations relating to general customs matters, or
the Director of Border Revenue in relation to investigations relating to customs revenue matters;
references to an office of Revenue and Customs are to premises wholly or partly occupied by designated customs officials;
references to a superior officer are to—
an immigration officer not below the grade of Inspector,
a person of the grade of Senior Executive Officer, or
a person of a grade equivalent to that within sub-paragraph (i) or (ii).
In this section “customs revenue matter”, “designated customs official” and “general customs matter” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009.
27Lord Advocate’s direction.
Where it appears to the Lord Advocate—
that a suspected offence may involve serious or complex fraud; and
that, for the purpose of investigating the affairs or any aspect of the affairs of any person, there is good reason to do so,
he may give a direction under this section.
The Lord Advocate may also give a direction under this section by virtue of section 15(4) of the Crime (International Co-operation) Act 2003 or on a request made by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this Part of this Act.
Where a direction is given under this section, this Part of this Act shall apply as regards the investigation of the offence; and any person (other than a constable) nominated by the Lord Advocate either generally or in respect of a particular case (in this Part of this Act referred to as “a nominated officer”) shall be entitled to exercise the powers and functions conferred by this Part of this Act.
A direction under this section shall be signed by the Lord Advocate.
28Powers of investigation.
A nominated officer may by notice in writing require the person whose affairs are to be investigated (“the person under investigation”) or any other person who he has reason to believe has relevant information to answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.
A nominated officer may by notice in writing require the person under investigation or any other person to produce at such place as may be specified in the notice and either forthwith or at such time as may be so specified any specified documents which appear to a nominated officer to relate to any matter relevant to the investigation or any documents of a specified description which appear to him so to relate; and—
if any such documents are produced, a nominated officer may—
take copies or extracts from them;
require the person producing them to provide an explanation of any of them;
if any such documents are not produced, a nominated officer may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
Where, on a petition presented by the procurator fiscal, the sheriff is satisfied, in relation to any documents, that there are reasonable grounds for believing—
that—
a person has failed to comply with an obligation under this section to produce them;
it is not practicable to serve a notice under subsection (2) above in relation to them; or
the service of such a notice in relation to them might seriously prejudice the investigation; and
that they are on premises specified in the petition,
he may issue such a warrant as is mentioned in subsection (4) below.
The warrant referred to in subsection (3) above is a warrant authorising a constable together with any other persons named in the warrant—
to enter (using such force as is reasonably necessary for the purpose) and search the premises; and
to take possession of any documents appearing to be documents of the description specified in the petition or to take in relation to any documents so appearing any other steps which may appear to be necessary for preserving them and preventing interference with them.
A statement by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him—
in a prosecution for an offence under section 44(2) of this Act; or
in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.
However, the statement may not be used against that person by virtue of paragraph (b) of subsection (5) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
A person shall not under this section be required to disclose any information or produce any document which is an item subject to legal privilege within the meaning of section 33 of this Act; except that a lawyer may be required to furnish the name and address of his client.
No person shall be bound to comply with any requirement imposed by a person exercising power by virtue of a nomination under section 27(3) of this Act unless he has, if required to do so, produced evidence of his authority.
Any evidence obtained F2by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where any evidence obtained by virtue of section 4(2B) of the said Act of 1990 consists of a document, the original or a copy shall be F4forwarded and where it consists of any other article, the article itself or a description, photograph or other representation of it shall be forwarded, as may be necessary in order to comply with the relevant request.
In this section—
“documents” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“evidence”, in relation to a relevant request, includes documents and other articles; and
“premises” has the same meaning as in section 33 of this Act.
This section and sections 27 and 29 of this Act shall apply to England and Wales and Northern Ireland; and for the purposes of such application any reference—
to the sheriff shall be construed as a reference to a justice of the peace; and
to a petition presented by the procurator fiscal shall be construed—
in England and Wales as a reference to an information laid by a nominated officer;
in Northern Ireland as a reference to a complaint laid by a nominated officer.
29Offences in relation to investigations under section 28.
Where any person—
knows or suspects that an investigation under section 28 of this Act is being carried out or is likely to be carried out; and
falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of documents which he knows or suspects or has reasonable grounds to suspect are or would be relevant to such an investigation,
he shall be guilty of an offence.
In proceedings against a person for an offence under subsection (1) above, it shall be a defence to prove—
that he did not know or suspect that by acting as he did he was likely to prejudice the investigation; or
that he had lawful authority or reasonable excuse for acting as he did.
A person guilty of an offence under subsection (1) above shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; and
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
Any person who fails to comply with a requirement imposed on him under the said section 28 shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
In proceedings against a person for an offence under subsection (4) above, it shall be a defence to prove that he had a reasonable excuse for acting as he did.
35Disclosure of information held by government departments. E+W+S
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46AFalse monetary instrumentsF1
A person who counterfeits or falsifies a specified monetary instrument with the intention that it be uttered as genuine is guilty of an offence.
A person who has in his custody or under his control, without lawful authority or excuse—
anything which is, and which he knows or believes to be, a counterfeited or falsified specified monetary instrument; or
any machine, implement or computer programme, or any paper or other material, which to his knowledge is specially designed or adapted for the making of a specified monetary instrument,
is guilty of an offence.
For the purposes of subsections (1) and (2)(a) above, it is immaterial that the specified monetary instrument (or purported specified monetary instrument) is not in a fit state to be uttered or that the counterfeiting or falsifying of it has not been finished or perfected.
A person guilty of an offence under this section is liable on summary conviction—
to a fine not exceeding the statutory maximum;
to imprisonment for a term not exceeding six months; or
both to a fine and to such imprisonment.
A person guilty of an offence—
under subsection (1) above is liable on conviction on indictment—
to a fine;
to imprisonment for a term not exceeding ten years; or
both to a fine and to such imprisonment;
under subsection (2) above is liable on conviction on indictment—
to a fine;
if it is proved that the offence was committed with the intention that the specified monetary instrument in question be uttered (or as the case may be that a specified monetary instrument be uttered), to imprisonment for a term not exceeding ten years and if it is not so proved, to imprisonment for a term not exceeding two years; or
both to a fine and to imprisonment for a term not exceeding ten years, if it is proved as mentioned in sub-paragraph (ii) above, or both to a fine and to imprisonment for a term not exceeding two years if it is not so proved.
Where an offence under this section which has been committed—
by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body; or
by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a member of that partnership,
or by any person who was purporting to act in any such capacity, he as well as the body corporate, or as the case may be the partnership, is guilty of that offence and is liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (6) above applies in relation to the actings and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
In subsections (1) to (5) above, “specified” means for the time being specified for the purposes of this section, by order made by the Scottish Ministers.
The power to make an order under subsection (8) above—
includes power to make such incidental, supplemental, transitional or transitory provision as the Scottish Ministers think necessary or expedient; and
is exercisable by statutory instrument.
A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
49BPower of entry to search for articles with a blade or point and offensive weapons.F1
A constable may enter school premises and search those premises and any person on those premises for—
any article to which section 49 of this Act applies, or
any offensive weapon within the meaning of section 47 of this Act,
if he has reasonable grounds for suspecting that an offence under section 49A of this Act is being, or has been, committed.
If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for believing to be an article or weapon of a kind described in subsection (1) above, he may seize it.
The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.
50ARacially-aggravated harassment.F1
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51Reset.
Criminal resetting of property shall not be limited to the receiving of property taken by theft or robbery, but shall extend to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition.
52Vandalism.
Subject to subsection (2) below, any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism.
It shall not be competent to charge acts which constitute the offence of wilful fire-raising as vandalism under this section.
Any person convicted of the offence of vandalism shall be liable on summary conviction—
in the district court, to imprisonment for a term not exceeding 60 days, or to a fine not exceeding level 3 on the standard scale, or to both;
in the sheriff court—
for a first such offence, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the M1Criminal Procedure (Scotland) Act 1995), or to both; and
for any subsequent such offence, to imprisonment for a term not exceeding 6 months, or to the fine mentioned in sub-paragraph (i) above, or to both.
53Short title, commencement and extent.
This Act may be cited as the Criminal Law (Consolidation) (Scotland) Act 1995.
This Act shall come into force on 1 April 1996.
Subject to subsection (4) below, this Act extends only to Scotland.
Section 35(10) to (12) of this Act extends also to England and Wales and sections 27 to 29 of this Act and this section extend also to England and Wales and Northern Ireland.
1Notes:
This Table shows the derivation of the provisions of the Act.
2Notes:
The following abbreviations are used in the Table:—
Acts of Parliament
| 1933 | = False Oaths (Scotland) Act 1933 (c. 20) |
| 1976 | = Sexual Offences (Scotland) Act 1976 (c. 67) |
| 1980 | = Criminal Justice (Scotland) Act 1980 (c. 62) |
| 1987 | = Criminal Justice (Scotland) Act 1987 (c. 41) |
| 1988 | = Criminal Justice Act 1988 (c. 33) |
| 1993 | = Criminal Justice Act 1993 (c. 36) |
| 1994 | = Drug Trafficking Act 1994 (c. 37) |
| 1995 | = Criminal Justice (Scotland) Act 1995 (1995 c. 20) |
| 1995CP | = Criminal Justice (Consequential Provisions) (Scotland) Act (1995 c. 40) |
| 1995CLC | = Criminal Law (Consolidation) (Scotland) Act 1995 (1995 c. 39) |
| Provision | Derivation |
|---|---|
| 1 | 1976 s.2A; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 |
| 2 | 1976 s.2B; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 |
| 3 | 1976 s.2C; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 |
| 4 | 1976 s.2D; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1; 1987 Sch.2 |
| 5(1), (2) | 1976 s.3 |
| (3) — (7) | 1976 s.4; Incest and Related Offences (Scotland) Act 1986 (c. 36) Sch.1 §.4; Criminal Justice (Scotland) Act 1995 (c. 20) Sch.6 §. |
| 6 | 1976 s.5 |
| 7(1) | 1976 s.1 |
| (2), (3) | 1976 s.2 |
| (4) | 1976 s.17 |
| 8(1), (2) | 1976 s.8 |
| (3) — (5) | 1976 s.9 |
| 9 | 1976 s.10 |
| 10 | 1976 s.11 |
| 11(1) — (4) | 1976 s.12 |
| (5), (6) | 1976 s.13(1) |
| 12 | 1976 s.14; Criminal Procedure (Scotland) Act 1975 (c. 21) Sch.7A; Criminal Law Act 1977 (c. 45) Sch.11 |
| 13 | 1980 s.80; Mental Health (Scotland) Act 1984 (c. 36) Sch.5; Criminal Justice and Public Order Act 1994 (c. 33) ss.145(2), 146(2) |
| 14 | 1976 s.15 |
| 15 | 1976 s.6 |
| 16 | 1976 s.18 |
| 17 | 1976 s.19 |
| 18 | 1980 s.68; Sporting Events (Control of Alcohol etc.) Act 1985 (c.57) s.10 |
| 19(1) | 1980 s.69 |
| (2) | 1980 s.70 |
| (3) — (6) | 1980 s.70A; Public Order Act 1986 (c. 64) Sch.1 §.10 |
| (7) | 1980 s.71; Public Order Act 1986 (c. 64) Sch.1 §.11 |
| 20(1) | 1980 s.72(1) |
| (2) | 1980 s.73 |
| (3) — (6) | 1980 s.72A(1) — (4); Public Order Act 1986 (c. 64) Sch.1 §.14 |
| (7) | 1980 s.74 |
| (8) | 1980 ss.72(2), (3), 72A(5); Public Order Act 1986 (c. 64) Sch.1 §.14 |
| 21 | 1980 s.75; Public Order Act 1986 (c. 64) Sch.1 §.12 |
| 22 | 1980 s.76; Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Sch.8 §.30 |
| 23 | 1980 s.77; Sporting Events (Control of Alcohol etc.) Act 1985 (c.57) s.10; Public Order Act 1986 (c. 64) Sch.1 §.13 |
| 24 | 1987 s.48; Criminal Justice and Public Order Act 1994 (c. 33) s.129(4), (5) |
| 25 | 1987 s.49; Criminal Justice and Public Order Act 1994 (c. 33) s.129(6); Children (Scotland) Act 1995 (c. 36) Sch.3 §.[39] |
| 26 | 1987 s.50 |
| 27 | 1987 s.51; Criminal Justice and Public Order Act 1994 (c. 33) s.164(3) |
| 28 | 1987 s.52; 1988 Sch.15 §.117; Criminal Justice and Public Order Act 1994 (c. 33) s.164(4) |
| 29 | 1987 s.53 |
| 30 | 1987 s.54; 1988 Sch.15 §.111; S.I. 1989/2405 Sch.9 Pt.II §.58 |
| 31 | 1987 s.38; 1988 Sch.5 §.23 |
| 32 | 1987 s.39 |
| 33 | 1987 s.40 |
| 34 | 1987 s.40A; 1993 s.20(2) |
| 35 | 1987 s.41 |
| 36 | 1987 s.42; 1993 s.26(2) |
| 37 | 1987 s.42A; 1993 s.17(1) |
| 38 | 1987 s.43; 1993 s.19(2), (3) |
| 39 | 1987 s.43A; 1993 s.19(1) |
| 40 | 1987 s.43B; 1993 s.19(1) |
| 41 | 1987 s.44 |
| 42 | 1987 s.46A; 1993 Sch.4 §.2 |
| 43 | 1987 s.47(1)(part) — (4) |
| 44(1) | 1933 s.1; Criminal procedure (Scotland) Act 1975 s.221(1) |
| (2) | 1933 s.2; Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 35) Sch.1 |
| (3) | 1933 s.3 |
| (4) | Criminal Justice (Scotland) Act 1949 (c. 94) s.42(1) |
| 45(1), (2) | 1933 s.4 |
| (3) — (5) | 1933 s.6 |
| 46(1) | 1933 s.7(1) |
| (2) | 1933 s.5 |
| (3) | Criminal Justice (Scotland) Act 1949 (c. 94) s.42(2) |
| (4) | 1933 s.7(2) |
| 47 | Prevention of Crime Act 1953 (c. 14) s.1; Criminal Procedure (Scotland) Act 1975 (c. 21) ss. 193A, 298B; Roads (Scotland) Act 1984 (c. 54) Sch.9 §.42; Criminal Justice Act 1988 (c. 33) Sch.8 §.16 |
| 48 | 1980 s.4 |
| 49 | Carrying of Knives (Scotland) Act 1993 (c. 13) s.1; Council Directive 80/181 (Approximation of Laws Relating to Units of Measurement) |
| 50 | Carrying of Knives (Scotland) Act 1993 (c. 13) s.2 |
| 51 | Criminal Procedure (Scotland) Act 1975 (c. 21) s.59 |
| 52 | 1980 s.78 |
| 53(1), (2) | Drafting |
| (3), (4) | 1987 s.72(1), (4) |