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Paragraph 44A C1F1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

An offence under section 51A of the Civic Government (Scotland) Act 1982 (c.45) (possession of extreme pornography) if—

(a)

the offender—

(i)

was 18 or over, and

(ii)

is or has been sentenced in respect of the offence to imprisonment for a term of more than 12 months, and

(b)

in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should apply in relation to the offender.

Annotations

Textual amendments

F1

Sch. 3 para. 44A inserted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 42(3), 206(1); S.I. 2011/178, art. 2, Sch.

Modifications

C1

Sch. 3 para. 44A extended (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 3(2) (with art. 4(4))

Notes on Schedule 3

Modifications

C1

Sch. 3 modified (28.6.2022) by 2007 c. 21, s. 28(4ZA) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(c), 208(5)(p))

C2

Sch. 3 modified (S.) (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 25(3), 45(2)(3) (with s. 44); S.S.I. 2023/51, reg. 2 (with reg. 3)