Paragraph 59A F1

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

Sch. 3 para. 28A inserted by Crime and Policing Act 2026 s. 72(3)
Sch. 3 para. 92OA inserted by Crime and Policing Act 2026 s. 73(2)
Sch. 3 para. 46A inserted by Crime and Policing Act 2026 s. 74(2)
Sch. 3 para. 93A(1) word substituted by Crime and Policing Act 2026 s. 75(5)
Sch. 3 para. 59ZJA inserted by Crime and Policing Act 2026 s. 76(2)
Sch. 3 para. 35D inserted by Crime and Policing Act 2026 s. 80(2)
Sch. 3 para. 59ZM inserted by Crime and Policing Act 2026 s. 80(3)
Sch. 3 para. 92Z inserted by Crime and Policing Act 2026 s. 80(4)
Sch. 3 para. 93A(1) word substituted by Crime and Policing Act 2026 s. 80(5)
Sch. 3 para. 33AA 33AB inserted by Crime and Policing Act 2026 Sch. 13 para. 16

An offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)(meeting a child following certain preliminary contact) if—

(a)

the offender—

(i)

was 18 or over, or

(ii)

is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months, or

(b)

in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed an offence under this paragraph.

Annotations

Textual amendments

F1: Sch. 3 paras. 59A-59C inserted (7.10.2005) by Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), ss. 18, 20, Sch. para. 3(c); S.S.I. 2005/480, art. 2 (subject to art. 3) (which amending s. 18, Sch. para. 3 were extended (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 56(1)(b))

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)