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Crime and Punishment (Scotland) Act 1997

1997 c. 48 · Enacted 21 March 1997 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 17 May 2022.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1 para. 21(29)words substitutedCriminal Justice (Scotland) Act 2003 sch. 4 para. 4
s. 61power to amend conferredCriminal Justice (Scotland) Act 2016 s. 70
An Act to make provision as respects Scotland in relation to criminal appeals, the disposal of offenders, criminal procedure, evidence in criminal proceedings, the treatment and early release of prisoners, offences committed by newly released prisoners, criminal legal assistance, the police, confiscation of alcohol from persons under 18, sex offenders and the payment by the Lord Advocate of grants for the provision of forensic medical services; to enable courts in England and Wales and Northern Ireland to remit offenders to courts in Scotland in certain circumstances; to make amendments consequential upon the provisions of this Act to the law in other parts of the United Kingdom; and for connected purposes.[21st March 1997] E1

Be 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

Extent

E1

Act extends to Scotland only except s. 4(3)(5) which extends to Great Britain, s. 37(4) which extends to the United Kingdom, and coextensive amendments/repeals see s. 65(5)(6)(7).

Contents

  1. Part I: Sentencing
  2. Automatic sentences
  3. 1Imprisonment for life on further conviction for certain offences. Not yet in force
  4. 2Minimum sentence for third conviction of certain offences relating to drug trafficking.
  5. 3Meaning of “conviction”.
  6. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. Restriction of liberty orders
  8. 5Restriction of liberty orders.
  9. Mentally disordered offenders
  10. 6Disposal in cases of mentally disordered offenders.
  11. 7Effect of hospital direction. Repealed
  12. 8Remand of persons suffering from mental disorder to private hospital. Repealed
  13. 9Power to specify hospital unit. Repealed
  14. 10Medical evidence in relation to mentally disordered offenders.
  15. 11Increase in maximum period of interim hospital orders.
  16. 12Sentence calculation where remand spent in hospital.
  17. Increases in sentencing powers and penalties
  18. 13Increase in sentences available to sheriff and district courts.
  19. 14Increase in maximum penalty for certain sexual offences.
  20. Powers of court to disqualify from driving
  21. 15Driving disqualifications.
  22. Miscellaneous
  23. 16Designated life prisoners.
  24. Part II: Criminal Procedure
  25. Appeals
  26. 17Right of appeal.
  27. 18Automatic sentences: jurisdiction and appeals.
  28. 19Appeal against automatic sentence where earlier conviction quashed.
  29. 20Transfer of rights of appeal of deceased person.
  30. 21Increased rights of appeal of prosecutor.
  31. 22Appeal by prosecutor against hospital orders etc.
  32. 23Appeals against orders under section 49 of the 1995 Act.
  33. 24Suspension of certain sentences pending determination of appeal.
  34. The Scottish Criminal Cases Review Commission
  35. 25Scottish Criminal Cases Review Commission.
  36. Evidential provisions
  37. 26Evidence concerning certain orders. Repealed
  38. 27Proof of age.
  39. 28Evidence from certain official documents.
  40. 29Evidence of vulnerable persons: special provisions.
  41. 30Routine evidence.
  42. 31Previous convictions in solemn proceedings.
  43. 32Supervision and care of persons diverted from prosecution or subject to supervision requirement.
  44. Part III: Prisoners
  45. IEarly release
  46. Chapter II: Treatment of prisoners
  47. 42Testing of prisoners for alcohol.
  48. 43Medical services in prisons.
  49. 44Unlawful disclosure of information.
  50. Part IV: Police
  51. Police funding and organisation
  52. 45Police grant. Repealed
  53. 46Common police services. Repealed
  54. Collection and use of records
  55. 47Record of evidence taken from external parts of body.
  56. 48Samples etc. from persons convicted of sexual and violent offences.
  57. Part V: Criminal Legal Assistance
  58. 49Criminal legal assistance.
  59. Employment of solicitors
  60. 50Employment of solicitors in relation to criminal legal assistance.
  61. Fixed payments for criminal legal assistance
  62. 51Fixed payments.
  63. 52Contracts for the provision of criminal legal assistance.
  64. Powers of investigation
  65. 53Power of investigation of Scottish Legal Aid Board.
  66. 54Regulations in relation to criminal legal assistance.
  67. Part VI: Miscellaneous and General
  68. Miscellaneous
  69. 55Liberation of child by police.
  70. 56Powers of the court on remand or committal of children and young persons.
  71. 57Precognitions.
  72. 58Information concerning jurors.
  73. 59Certification of previous convictions in criminal proceedings.
  74. 60Grants for forensic medical services.
  75. 61Confiscation of alcohol from persons under 18.
  76. General
  77. 62Minor and consequential amendments, and repeals.
  78. 63Financial provisions.
  79. 64Interpretation.
  80. 65Short title, commencement and extent.
  81. Schedule 1: Minor and Consequential Amendments
  82. The Public Records Act 1958 (c.51)
  83. 1Paragraph 1 Repealed
  84. The Police (Scotland) Act 1967 (c.77)
  85. 2Paragraph 2
  86. The Firearms Act 1968 (c.27) Not yet in force
  87. 3Paragraph 3 Not yet in force
  88. The Superannuation Act 1972 (c.11)
  89. 4Paragraph 4
  90. The House of Commons Disqualification Act 1975 (c.24)
  91. 5Paragraph 5
  92. The Sexual Offences (Scotland) Act 1976 (c.67)
  93. 6Paragraph 6
  94. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
  95. 7Paragraph 7
  96. The Criminal Justice (Scotland) Act 1980 (c.62)
  97. 8Paragraph 8
  98. The Mental Health (Scotland) Act 1984 (c.36.)
  99. 9Paragraph 9 Repealed
  100. The Repatriation of Prisoners Act 1984 (c.47)
  101. 10Paragraph 10
  102. The Foster Children (Scotland) Act 1984 (c.56)
  103. 11Paragraph 11
  104. The Legal Aid (Scotland) Act 1986 (c.47)
  105. 12Paragraph 12
  106. The Prisons (Scotland) Act 1989 (c.45)
  107. 13Paragraph 13
  108. The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
  109. 14Paragraph 14
  110. The Criminal Justice and Public Order Act 1994 (c.33)
  111. 15Paragraph 15
  112. The Criminal Justice (Scotland) Act 1995 (c.20)
  113. 16Paragraph 16
  114. The Children (Scotland) Act 1995 (c.36)
  115. 17Paragraph 17
  116. The Criminal Law (Consolidation)(Scotland) Act 1995 (c.39)
  117. 18Paragraph 18
  118. The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 (c.40)
  119. 19Paragraph 19
  120. The Proceeds of Crime (Scotland) Act 1995 (c.43)
  121. 20Paragraph 20 Repealed
  122. The Criminal Procedure (Scotland) Act 1995 (c.46.)
  123. 21Paragraph 21
  124. Schedule 2
  125. Schedule 3: Repeals