Criminal Justice (Scotland) Act 1980
Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence at any place, he may require—
that person, if the constable finds him at that place or at any place where the constable is entitled to be, to give his name and address and may ask him for an explanation of the circumstances which have given rise to the constable's suspicion ;
any other person whom the constable finds at that place or at any place where the constable is entitled to be and who the constable believes has information relating to the offence, to give his name and address.
The constable may require the person mentioned in paragraph (a) of subsection (1) above to remain with him while he (either or both)—
verifies any name and address given by the person: Provided that the constable shall exercise his power under this paragraph only where it appears to him that such verification can be obtained quickly;
notes any explanation proffered by the person.
A constable may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with him.
A constable shall inform a person, when making a requirement of that person under—
paragraph (a) of subsection (1) above, of his suspicion and of the general nature of the offence which he suspects that the person has committed or is committing ;
paragraph (b) of subsection (1) above, of his suspicion, of the general nature of the offence which he suspects has been or is being committed and that the reason for the requirement is that he believes the person has information relating to the offence;
subsection (2) above, of why the person is being required to remain with him ;
either of the said subsections, that failure to comply with the requirement may constitute an offence.
A person mentioned in—
paragraph (a) of subsection (1) above who having been required— fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200;
under that subsection to give his name and address; or ,
under subsection (2) above to remain with a constable,
paragraph (b) of the said subsection (1) who having been required under that subsection to give his name and address fails, without reasonable excuse, to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.
A constable may arrest without warrant any person who he has reasonable grounds for suspecting has committed an offence under subsection (5) above.
Where a constable has reasonable grounds for suspecting that a person has committed or is committing an offence punishable by imprisonment, the constable may, for the purpose of facilitating the carrying out of investigations— detain that person and take him as quickly as is reasonably practicable to a police station or other premises and, subject to the following provisions of this section, the detention may continue there.
into the offence ; and
as to whether criminal proceedings should be instigated against the person,
Detention under subsection (1) above shall be terminated not more than six hours after it begins or (if earlier)— and when a person has been detained under subsection (1) above for a period of six hours, he shall be informed immediately upon expiry of this period that his detention has been terminated.
when the person is arrested ; or
where there are no longer such grounds as are mentioned in the said subsection (1);
Where a person has been released at the termination of a period of detention under subsection (1) above he shall not thereafter be detained, under that subsection, on the same grounds or on any grounds arising out of the same circumstances.
At the time when a constable detains a person under subsection (1) above, he shall inform the person of his suspicion, of the general nature of the offence which he suspects has been or is being committed and of the reason for the detention; and there shall be recorded—
the place where detention begins and the police station or other premises to which the person is taken ;
the general nature of the suspected offence ;
the time when detention under subsection (1) above begins and the time of the person's arrival at the police station or other premises;
the time when the person is informed of his rights in terms of subsection (7) below and of subsection (1)(b) of section 3 of this Act and the identity of the constable so informing him;
where the person requests such intimation to be sent as is specified in section 3(1)(b) of this Act, the time when such request is—
made;
complied with ; and
the time of the person's departure from the police station or other premises or, where instead of being released he is arrested in respect of the alleged offence, the time of such arrest.
Where a person is detained under subsection (1) above, a constable may—
put questions to him in relation to the suspected offence: Provided that this paragraph shall be without prejudice to any existing rule of law as regards the admissibility in evidence of any answer given;
exercise the same powers of search as are available following an arrest; and
take fingerprints, palmprints and such other prints and impressions as the constable may, having regard to the circumstances of the suspected offence, reasonably consider appropriate : Provided that the record of the prints and impressions so taken shall be destroyed immediately following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 182 or 383 (absolute discharge) or 183(1) or 384(1) (probation) of the 1975 Act.
A constable may use reasonable force in exercising any power conferred by subsection (1), or by paragraph (b) or (c) of subsection (5), above.
A person detained under subsection (1) above shall be under no obligation to answer any question other than to give his name and address, and a constable shall so inform him both on so detaining him and on arrival at the police station or other premises.
Without prejudice to section 19 or 305 of the 1975 Act (intimation to solicitor following arrest), a person who, not being a person in respect of whose custody or detention subsection (3) below applies—
has been arrested and is in custody in a police station or other premises, shall be entitled to have intimation of his custody and of the place where he is being held sent, to a person reasonably named by him;
is being detained under section 2 of this Act in a police station or other premises, shall be entitled to have intimation of his detention and of the place where he is being detained sent, to a solicitor and to one other person reasonably named by him,
Provided that 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 shall not be subject to an order under this section; but this proviso is without prejudice to the order’s validity as respects any other sporting event.
on arrival at the police station or other premises; or
a sporting event, or a class of sporting event, taking place outside Great Britain:
where he is not arrested, or as the case may be detained, until after such arrival, on such arrest or detention.
Where the person mentioned in paragraph (a) of subsection (1) above requests such intimation to be sent as is specified in that paragraph there shall be recorded the time when such request is—
made;
complied with.
Without prejudice to the said section 19 or 305, a constable shall, where a person who has been arrested and is in such custody as is mentioned in paragraph (a) of subsection (1) above or who is being detained as is mentioned in paragraph (b) of that subsection appears to him to be a child, send without delay such intimation as is mentioned in the said paragraph (a), or as the case may be paragraph (b), to that person's parent if known ; and the parent— be permitted access to the person.
in a case where there is reasonable cause to suspect that he has been involvel in the alleged offence in respect of which the person has been arrested or detained, may; and
in any other case shall,
The nature and extent of any access permitted under subsection (3) above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.
In subsection (3) above—
" child " means a person under 16 years of age ; and
" parent " includes guardian.
Where a constable has reasonable grounds for suspecting that any person is carrying an offensive weapon and has committed or is committing an offence under section 1 of the Prevention of Crime Act 1953 (prohibition of carrying of offensive weapons in public) the constable may search that person without warrant, and detain him for such time as is reasonably required to permit the search to be carried out; and he shall inform the person of the reason for such detention.
Any person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.
intentionally obstructs a constable in the exercise of the constable's powers under subsection (1) above; or
conceals from a constable acting in the exercise of the said powers an offensive weapon,
A constable may arrest without warrant any person who he has reason to believe has committed an offence under subsection (2) above.
In this section, " offensive weapon " has the same meaning as in the said section 1,
Where a constable has power to arrest a person without a warrant for any offence and the constable has reasonable grounds for suspecting that that person is drunk, the constable may, if he thinks fit, take him to any place designated by the Secretary of State for the purposes of this section as a place suitable for the care of drunken persons.
A person shall not by virtue of this section be liable to be detained in any such place as is mentioned in subsection (1) above, but the exercise in his case of the power conferred by this section shall not preclude his being charged with any offence.
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In section 20 of the 1975 Act (accused at examination need not emit a declaration)—
in subsection (1), after the words " declaration, and " there shall be inserted the words " subject to section 20A of this Act ";
at the end of subsection (3) there shall be added the words " ; and that declaration shall be taken in further examination. "; and
after subsection (3) there shall be inserted the following subsections—.
After section 20 of the 1975 Act there shall be inserted the following sections—.
For section 151 of the 1975 Act (accused's declaration in solemn proceedings to be received in evidence without being sworn to by witnesses), there shall be substituted the following section—.
For section 352 of the 1975 Act (accused's declaration, in summary proceedings, to be received in evidence without being sworn to by witnesses), there shall be sustituted the following section—
Except in so far as any enactment (including this Act or an enactment passed after this Act) otherwise provides, the statutory offences which it shall be competent for a district court to try shall be those in respect of which the maximum penalty which may be imposed does not exceed 60 days imprisonment or a fine of £200 or both.
Nothing in subsection (1) above shall empower a district court to try an offence specified in Schedule 4 to the Road Traffic Act 1972 in respect of which disqualification from driving or endorsement of a driving licence is either obligatory or discretionary following conviction.
Without prejudice to section 289D of the 1975 Act (power to alter sums specified in certain provisions) it shall be competent, whether or not the accused has been previously convicted of an offence inferring dishonest appropriation of property, for any of the following offences to be tried in the district court— theft or reset of theft, falsehood, fraud or wilful imposition, breach of trust or embezzlement where (in any such case) the amount concerned does not exceed £200; and accordingly in section 285 of the 1975 Act (certain crimes not to be tried in inferior courts)—
in paragraph (b) (iii) for the words " £25 " there shall be substituted the words " £200 "; and
in paragraph (b), sub-paragraph (iv) and the proviso shall cease to have effect.
Any offence which may under the provisions of any enactment (including this Act or an enactment passed after this Act) be tried only summarily, being an offence which, if it had been triable on indictment, could competently have been libelled as an additional or alternative charge in the indictment, may (the provisions of this or any other enactment notwithstanding) be libelled in an indictment and may be tried accordingly.
A person shall not be liable to any higher penalty on conviction on indictment of an offence to which subsection (1) above applies than he would have been on summary conviction.
The sheriff may, on the application of an accused, grant warrant to cite any person (other than a co-accused), who is alleged to be a witness in relation to any offence of which the accused has been charged, to appear before the sheriff in chambers at such time or place as shall be specified in the citation, for precognition on oath by the accused or his solicitor in relation to that offence, if the court is satisfied that it is reasonable to require such precognition on oath in the circumstances.
Any person who, having been duly cited to attend for precognition under subsection (1) above and having been given at least 48 hours notice, fails without reasonable excuse to attend shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50 or to imprisonment for a period not exceeding 21 days; and the court may issue a warrant for the apprehension of the person concerned, ordering him to be brought before a sheriff for precognition on oath.
Any person who, having been duly cited to attend for precognition under subsection (1) above, attends but— shall be guilty of an offence and shall be liable to be summarily subjected forthwith to a fine not exceeding £50 or to imprisonment for a period not exceeding 21 days.
refuses to give information within his knowledge or to produce evidence in his possession ; or
prevaricates in his evidence,
Subject to subsection (2) below, the sheriff may, on an application by an accused at any time after the accused has been charged with an offence, order that, in relation to the alleged offence, the prosecutor shall hold an identification parade in which the accused shall be one of those constituting the parade.
The sheriff shall make an order in accordance with subsection (1) above only after giving the prosecutor an opportunity to be heard and only if—
an identification parade, such as is mentioned in subsection (1) above, has not been held at the instance of the prosecutor;
after a request by the accused, the prosecutor has refused to hold, or has unreasonably delayed holding, such an identification parade ; and
the sheriff considers the application under subsection (1) above to be reasonable.
An application under subsection (1) above shall be by petition.
For the purpose of allowing legal aid to be given in relation to identification parades the Legal Aid (Scotland) Act 1967 shall be amended as follows—
in section 1 of that Act (scope and general conditions of legal aid—
in subsection (2), after the word "which" there shall be inserted the words " (or, in the case of the legal aid mentioned in subsection (5)(b) below, in contemplation of which) ";
for subsection (5) there shall be substituted the following subsection—; and
in subsection (7), after sub-paragraph (ii) there shall be inserted the following words—or;
in section 2 of that Act (financial conditions of legal aid)—
in subsection (5), after the words " legal aid " where they first occur, there shall be inserted the words " , other than that mentioned in section 1(5) (b) of this Act, "; and
after subsection (5) there shall be inserted the following subsection—;
: Provided that, where in pursuance of arrangements made by the Law Society in accordance with any scheme for the time being in force under section 8 of this Act a solicitor is available for the special purpose of giving the legal aid mentioned in section 1(5)(b) of this Act, this subsection shall not apply in relation to that legal aid.
in section 16 of that Act (rules of court), in subsection (2), after the words " in connection with " where they first occur, there shall be inserted the words " (or, in the case of the legal aid mentioned in section 1(5)(b) of this Act, in contemplation of) ".
in subsection (2), after the word " subsection " there shall be inserted the words—of a judge—;
in subsection (3) the words " or a later" shall cease to have effect;
at the end there shall be added the following subsections—.
For section 101 of the 1975 Act there shall be substituted the following section—.
After section 331 of the 1975 Act there shall be inserted the following section—.
In section 127 of the 1975 Act (procedure where trial does not take place) after subsection (1) there shall be inserted the following subsection—.
After section 338 of the said Act there shall be added the following section—.
After section 140 of the 1975 Act there shall be inserted the following section—.
After section 345 of the 1975 Act there shall be inserted the following section—
In section 153 of the 1975 Act (seclusion of jury after retiral)—
in subsection (2), after the word " and " there shall be inserted the words " , except in so far as is provided for, or is made necessary, by an instruction under subsection (3A) below, "; and
for subsection (3) there shall be substituted the following subsections—.
In section 154 of the 1975 Act (oral verdicts), the words from " ; and provided also " to the end shall cease to have effect.
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for the definition of " officer of law " there shall be substituted the following definition—;
for the definition of " probationer" there shall be substituted the following definition—.
For the purposes of any proceedings for an offence under any of the enactments specified in column 1 of Schedule 1 to this Act, a certificate purporting to be signed by a person or persons specified in column 2 thereof, and certifying the matter specified in column 3 thereof shall, subject to subsection (3) below, be sufficient evidence of that matter and of the qualification or authority of that person or those persons.
For the purposes of any summary criminal proceedings, a report purporting to be signed by two authorised forensic scientists shall, subject to subsection (3) below, be sufficient evidence of any fact (or conclusion as to fact) contained in the report and of the authority of the signatories. In the foregoing provisions of this subsection, " authorised " means authorised by the Secretary of State to make a report to which this subsection shall apply.
Subsections (1) and (2) above shall not apply to a certificate, or as the case may be report, tendered on behalf of the prosecution—
unless a copy has been served on the accused not less than fourteen days before his trial; or
where the accused, not less than six days before his trial, or by such later time before his trial as the court may in special circumstances allow, has served notice on the prosecutor that the accused challenges the matter, qualification or authority mentioned in subsection (1) above or as the case may be the fact, conclusion or authority mentioned in subsection (2) above.
A copy of a certificate, or as the case may be report, required by subsection (3) above, or of a conviction or extract conviction required by subsection (8) below, to be served on the accused or of a notice required by either of those subsections or by subsection (6) or (7) below to be served on the prosecutor may either be personally served on the accused or the prosecutor (as the case may be) or sent to him by registered post or by the recorded delivery service; and a written execution purporting to be signed by the person who served such certificate or notice, together with, where appropriate, a post office receipt for the relative registered or recorded delivery letter shall be sufficient evidence of service of such a copy.
At any trial of an offence under summary procedure it shall be presumed that the person who appears in answer to the complaint is the person charged by the police with the offence unless the contrary is alleged.
Where in a trial an autopsy report is lodged as a production by the prosecutor it shall be presumed that the body of the person identified in that report is the body of the deceased identified in the indictment or complaint, unless the accused not less than six days before the trial, or by such later time before the trial as the court may in special circumstances allow, gives notice that the contrary is alleged.
At the time of lodging an autopsy or forensic science report as a production the prosecutor may intimate to the accused that it is intended that only one of the pathologists or forensic scientists (whom the prosecutor shall specify) purporting to have signed the report shall be called to give evidence in respect thereof ; and the evidence of that pathologist or forensic scientist shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report and of the qualifications of the signatories, unless the accused, not less than six days before the trial, or by such later time before the trial as the court may in special circumstances allow, serves notice on the prosecutor that he requires the attendance at the trial of the other pathologist or forensic scientist also.
In any proceedings for an offence under section 99 (b) of the Road Traffic Act 1972 (driving while disqualified) a conviction or an extract conviction— shall be sufficient evidence of the application of that disqualification to the accused, unless, not less than six days before his trial, he serves notice on the prosecutor that he denies such application.
of which a copy has been served on the accused not less than fourteen days before his trial;
which purports to be signed by the clerk of court; and
which shows that the person named therein is disqualified for holding or obtaining a driving licence,
or in accordance with subsection (2) or (3) below
the provisions of the section as so amended shall be subsection (1) of the section ; and
after that subsection there shall be added the following subsections—.
For section 149 of the 1975 Act (witness may be recalled) there shall be substituted the following sections—.
For section 350 of the 1975 Act (witness may be recalled) there shall be substituted the following sections—.
In any criminal proceedings in the High Court or the sheriff court the prosecutor or the defence may, at an appropriate time, apply to a judge of the court in which the trial is to take place (or, if that is not yet known, to a judge of the High Court) for—
the issue of a letter of request to a court, or tribunal, exercising jurisdiction in a country or territory outside the United Kingdom, Channel Islands and Isle of Man for the examination of a witness resident in the said country or territory ; or
the appointment of a commissioner to examine, at any place in the United Kingdom, Channel Islands, or Isle of Man, a witness who by reason of being ill or infirm is unable to attend the trial diet.
A hearing, as regards any application under subsection (1) above by a party, shall be conducted in chambers but may be dispensed with if the application is not opposed. The application may be granted only if the judge is satisfied that—
the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial; and
there would be no unfairness to the other party were such evidence to be received in the form of the record of an examination conducted by virtue of that subsection.
Any such record as is mentioned in paragraph (b) of subsection (2) above shall, without being sworn to by witnesses, be received in evidence in so far as it either accords with the averment mentioned in paragraph (a) of that subsection or can be so received without unfairness to either party.
The procedure as regards the foregoing provisions of this section shall be prescribed by Act of Adjournal under the 1975 Act.
In subsection (1) above, " appropriate time" means as regards— or (but only in relation to an application under paragraph (b) of that subsection) any time during the course of the trial if the circumstances on which the application is based had not arisen, or would not have merited such application, within the period mentioned in paragraph (a), or as the case may be (b), of this subsection.
solemn proceedings, any time before the oath is administered to the jury;
summary proceedings, any time before the first witness is sworn,
This section is without prejudice to any existing power at common law to adjourn a trial diet to the place where a witness is.
A court shall not pass a sentence of imprisonment or of detention in respect of any offence, nor impose imprisonment, or detention, under section 396(2) of the 1975 Act in respect of failure to pay a fine, on an accused who is not legally represented in that court and has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom, unless the accused either—
applied for legal aid and the application was refused on the ground that he was not financially eligible; or
having been informed of his right to apply for legal aid, and having had the opportunity, failed to do so.
The court shall, for the purpose of determining whether a person has been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom—
disregard a previous sentence of imprisonment which, having been suspended, has not taken effect under section 23 of the Powers of Criminal Courts Act 1973 or under section 19 of the Treatment of Offenders Act (Northern Ireland) 1968 ;
construe detention as meaning—
in relation to Scotland, detention in a young offenders institution or detention centre ;
in relation to England and Wales, borstal training or detention in a detention centre; and
in relation to Northern Ireland, detention in a young offenders centre.
Subsection (1) above does not affect the power of a court to pass sentence on any person for an offence the sentence for which is fixed by law.
In this section—
" legal aid " means legal aid for the purposes of any part of the proceedings before the court;
“public service vehicle” has the like meaning as in the Public Passenger Vehicles Act 1981 and “operator” in relation to such a vehicle means—
A court shall not pass a sentence of imprisonment on a person of or over twenty-one years of age who has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom unless the court considers that no other method of dealing with him is appropriate; and for the purpose of determining whether any other method of dealing with such a person is appropriate the court shall obtain (from an officer of a local authority or otherwise) such information as it can about the offender's circumstances; and it shall also take into account any information before it concerning the offender's character and physical and mental condition.
Where a court of summary jurisdiction passes a sentence of imprisonment on any such person as is mentioned in subsection (1) above, the court shall state the reason for its opinion that no other method of dealing with him is appropriate, and shall have that reason entered in the record of the proceedings.
Subsections (2) and (3) of section 41 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.
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In the 1975 Act, sections 204 and 414 (Borstal training) and sections 209 and 418 (detention in detention centre) shall cease to have effect.
Without prejudice to any specific amendment made by this Act, in Scotland a reference in any enactment to which this subsection applies—
to a Borstal institution, shall be construed as a reference to a young offenders institution; and
to a period of training in a Borstal institution, shall be construed as a reference to a period of detention in a young offenders institution.
The enactments to which subsection (4) above applies are— and in this subsection “Act” and “subordinate legislation” have the same meanings as in the Interpretation Act 1978.
any Act passed before, or during the same session as, this Act; and
any subordinate legislation made before the commencement of this Act;
In the 1975 Act—
in section 186(2)(a) (breach of probation order), for the words " £20 " there shall be substituted the words " £50 ";
in section 312(z) (form of charge in complaint) for the words " £25 " there shall be substituted the words " £200 ";
in section 344 (1) (penalty for contempt), for the words "£25" and "20 days" there shall be substituted respectively the words " £50 " and " 21 days " ;
in section 3 87(2) (a) (breach of probation order), for the words " £20 " there shall be substituted the words " £50 ";
in section 435(e) (expenses), for the words " £12 " there shall be substituted the words " £200 " and for the words " £3 ", in both places where they occur, there shall be substituted the words " £50 "; and
in section 453(3) (expenses to appellant on conviction being set aside), for the words " £5.25 " there shall be substituted the words " £20 ".
In section 193 of the 1975 Act (power to mitigate penalties), in subsection (2) for the words " an amount of £150 ", and in subsection (3) for the words "the amount of £150 ", there shall be substituted in each case the words " the prescribed sum within the meaning of section 289B of this Act ".
After section 38 of the Criminal Law Act 1977 there shall be inserted the following section—.
subsection (2) shall cease to have effect; and
in the proviso to subsection (3), for the words " court has imposed imprisonment in default of " there shall be substituted the words " offender has been imprisoned in consequence of his having defaulted in ".
(except in a case to which section 432 of this Act applies)
; and the fact that the accused has been convicted shall not prevent the court from making, in due course, a probation order under section 384 of this Act.
In section 70 of the Licensing (Scotland) Act 1903 (penalties for drunkenness, etc.)—
in the first paragraph of subsection (1) for the words from “and may be taken” to the end of that paragraph there shall be substituted the words “ and shall be liable on summary conviction to a fine not exceeding £50 ”;
in the second paragraph of that subsection for the words from “forty” to the end of that paragraph there shall be substituted the words “ £50 ” ;
after that subsection there shall be inserted the following subsection—; and
in subsection (2) for the words from “forty” to the end of the first sentence there shall be substituted the words “ £50 ”.
Section 382 of the Burgh Police (Scotland) Act 1892 shall cease to have effect.
In section 41(1)(ii) of the Police (Scotland) Act 1967 (assaults on constables, etc.), at the end there shall be added the words “ or to a fine not exceeding the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975, or to both. ”.
Subject to subsection (3) below, where a person is convicted of an offence the court, instead of or in addition to dealing with him in any other way, may make an order (in this Act referred to as “a compensation order”) requiring him to pay compensation for any personal injury, loss or damage caused (whether directly or indirectly) by the acts which constituted the offence: Provided that it shall not be competent for a court to make a compensation order—
where, under section 182 of the 1975 Act, it makes an order discharging him absolutely;
where, under section 183 of that Act, it makes a probation order; or
at the same time as, under section 219 or 432 of that Act, it defers sentence.
Where, in the case of an offence involving the dishonest appropriation, or the unlawful taking and using, of property or a contravention of section 175(1) of the Road Traffic Act 1972 (taking motor vehicle without authority etc.) the property is recovered, but has been damaged while out of the owner’s possession, that damage (however and by whomsoever it was in fact caused) shall be treated for the purposes of subsection (1) above as having been caused by the acts which constituted the offence.
No compensation order shall be made in respect of—
loss suffered in consequence of the death of any person; or
injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated, by virtue of subsection (2) above, as having been caused by the convicted person’s acts.
In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such order, the court shall take into consideration his means so far as known to the court: Provided that where the person is serving, or is to serve, a period of imprisonment or detention no account shall be taken, in assessing such means, of earnings contingent upon his obtaining employment after release.
In solemn proceedings there shall be no limit on the amount which may be awarded under a compensation order.
In summary proceedings—
a sheriff, or a stipendiary magistrate appointed under section 5 of the District Courts (Scotland) Act 1975, shall have power to make a compensation order awarding in respect of each offence an amount not exceeding the prescribed sum (within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975);
a judge of a district court (other than such stipendiary magistrate) shall have power to make a compensation order awarding in respect of each offence an amount not exceeding level 4 on the standard scale.
Payment of any amount under a compensation order shall be made to the clerk of the court who shall account for the amount to the person entitled thereto.
Only the court shall have power to enforce a compensation order.
Where a court considers that in respect of an offence it would be appropriate to impose a fine and to make a compensation order but the convicted person has insufficient means to pay both an appropriate fine and an appropriate amount in compensation the court should prefer a compensation order.
Where a convicted person has both been fined and had a compensation order made against him in respect of the same offence or different offences in the same proceedings, a payment by the convicted person shall first be applied in satisfaction of the compensation order.
For the purposes of any appeal or review, a compensation order is a sentence.
Where a compensation order has been made against a person, a payment made to the court in respect of the order shall be retained until the determination of any appeal in relation to the order.
Without prejudice to the power contained in section 395A of the 1975 Act, (as applied by section 66 of this Act), at any time before a compensation order has been complied with or fully complied with— may, on the application of the person against whom the compensation order was made, discharge the compensation order, or reduce the amount that remains to be paid, if it appears to the court either that the injury, loss or damage in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the compensation order or that property the loss of which is reflected in the compensation order has been recovered.
in a case where, as respects the compensation order, a transfer of fine order under section 403 of the 1975 Act (as applied by the said section 66) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or
in any other case, the court which made the compensation order or (where that court was the High Court) by which the order was first enforceable,
The High Court’s power to make Acts of Adjournal under sections 282 and 457 of the 1975 Act shall include power to make rules with regard to any of the provisions of this Part of this Act, including rules relating to the award and payment, by compensation orders, of sums to persons under any legal disability.
The provisions of the 1975 Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and sections 91 of the Magistrates’ Courts Act 1980 and 104B of the Magistrates’ Courts Act (Northern Ireland) 1964 shall be construed accordingly.
The provisions mentioned in subsection (1) above are— section 194 (application to solemn procedure of summary procedure provisions relating to fines); section 196 (fines etc., may be enforced in other district); section 395(2) to (7) (application of money found on offender); section 395A (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section; section 396 (time for payment) with the omission of the words from “unless” to “its decision” in subsection (4) and of subsection (5) of that section; section 397 (further time for payment); section 398 (reasons for default); section 399 (payment by instalments); section 400 (supervision pending payment of fine); section 401 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings; section 402 (fines etc., may be enforced in another district); section 403 (transfer of fine orders); section 404 (action of clerk of court on transfer of fine order); section 406 (substitution of custody for imprisonment where child defaults on fine); section 407(1)(b), (1A), (1B), (1D), (2) and (4) (maximum period of imprisonment for non-payment of fine): Provided that— section 408 (discharge from imprisonment to be specified); section 409 (payment of fine in part by prisoner); section 411 (recovery by civil diligence); and Schedule 7 (application of sums paid as part of fine under section 409).
a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but notvice versa; and
where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of the said subsection (1A), be aggregated;
This section shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined.
The damages in the civil proceedings shall be assessed without regard to the order or award; but where the whole or part of the amount awarded by the order or award has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order or award.
Where the whole or part of the amount awarded by the order or award remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order or award was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment— without the leave of the court.
if it is for an amount not exceeding the amount unpaid under the order or award, shall not be enforced; or
if it is for an amount exceeding the amount unpaid under the order or award, shall not be enforced except to the extent that it exceeds the amount unpaid,
In this section a “service compensation order or award” means—
an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or
an award of stoppages payable by way of compensation under any of those Acts.
a sports ground or a class of sports ground;
The Secretary of State may for the purposes of this Part of this Act by order designate—
a sporting event, or a class of sporting event, at that ground or at any of that class of ground:
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.
Where a public service vehicle or railway passenger vehicle is being operated for the principal purpose of conveying passengers for the whole or part of a journey to or from a designated sporting event, then—
any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both;
if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and
any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Notwithstanding section 92 of the Licensing (Scotland) Act 1976 (restriction on carriage of alcoholic liquor in crates on contract carriages), but subject to section 71 of this Act, if the operator of a public service vehicle which is being operated as mentioned in section 69 of this Act, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where a person is charged with an offence under section 69(b) , 70 or 70A(4) of this Act, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.
This section applies to a motor vehicle which is not a public service vehicle but is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.
Any person in possession of alcohol on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.
Any person who is drunk on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Any person who permits alcohol to be carried on a vehicle to which this section applies and—
is the driver of the vehicle, or
where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available. shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Any person who— the relevant area of a designated sports ground at any time during, the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.
is in possession of a controlled container in; or
while in possession of a controlled container, attempts to enter,
In subsection (1) above, the term “controlled container” means any bottle, can or other portable container, whether open or sealed, which is, or was in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product for a medicinal purpose.
In subsection (2) above, “medicinal product” and “medicinal purpose” have the meanings assigned to those terms by section 130 of the Medicines Act 1968.
Any person who— the relevant area of designated sports ground at any time during the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.
is in possession of alcohol in; or
while in possession of alcohol, attempts to enter,
Any person who— the relevant area of a designated sports ground at any time during the period of a designated sporting event shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
is drunk in; or
while drunk, attempts to enter,
Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event shall be guilty of an offence.
Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence.
A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.
It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had lawful authority to be in possession of the controlled article or substance.
In subsections (1) and (2) above “controlled article or substance” means—
any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and
any article which is a firework.
For the purpose of enforcing the provisions of this Part of this Act, a constable shall have the power without warrant— ; or a controlled article or substance as defined in section 72A(5) of this Act.
to enter a designated sports ground at any time during the period of a designated sporting event;
to search a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;
to stop and search a vehicle where he has reasonable grounds to suspect that an offence under section 69 , 70 or 70A of this Act is being or has been committed;
to arrest a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;
to seize and detain—
with its contents (if any), a controlled container as defined in section 72(2) of this Act;. . .
with its contents, any other container if he has reasonable grounds to suspect that those contents are or include alcohol
For the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act, any liquid contained in a container (sealed or open) shall, subject to subsection (2) below, be presumed to conform to the description of the liquid on the container.
Subsections (3) to (6) of section 127 of the Licensing (Scotland) Act 1976 (right of accused to challenge presumption as to contents) shall apply in relation to subsection (1) above as they apply in relation to subsection (2) of that section.
In this Part of this Act, unless the context otherwise requires—
" advertised " means announced in any written or printed document or in any broadcast announcement;
For section 228 (right of appeal), there shall be substituted the following section—.
Section 229 (certificate by judge that case appealable) shall cease to have effect.
For section 231 (time for appealing), there shall be substituted the following section—.
Section 232 (calculating days of appeal etc.) shall cease to have effect.
For section 233 (forms of appeal) there shall be substituted the following section—.
In section 234 (presentation of appeal in writing), in each of subsections (1) and (3) the words “or an applicant for leave to appeal” and “or application for leave to appeal” shall cease to have effect.
In section 236 (proceedings in sheriff court to be furnished) the words “or application for leave to appeal” shall cease to have effect.
After section 236 there shall be inserted the following sections—
For section 237 (judge’s notes and report to be furnished), there shall be substituted the following section—.
In section 238 (admission of appellant to bail)— in subsection (2), after the words “determine it or” there shall be inserted the words “ without prejudice to section 3 of the Bail etc. (Scotland) Act 1980 ” ; and after subsection (2) there shall be inserted the following subsection—.
in subsection (2), after the words " determine it or " there shall be inserted the words " without prejudice to section 3 of the Bail etc. (Scotland) Act 1980 "; and
after subsection (2) there shall be inserted the following subsection—.
In section 239(1) (clerk to give notice of date of hearing), for the words from “for leave to appeal or” to “by the court” there shall be substituted the words “ under section 236B(2) of this Act ”.
In section 240 (appellant may be present at hearing), the words “and on an application for leave to appeal” shall cease to have effect.
For section 244 (abandonment of appeal), there shall be substituted the following section—.
In section 245(3) (quorum and sitting of High Court) the words “from the sheriff court” shall cease to have effect.
In section 247 (powers which may be exercised by a single judge)— the words “to give leave to appeal”, shall cease to have effect ; for the words “notice of appeal”, there shall be substituted the words “intimation of intention to appeal and note of appeal” ; and the words “or of an application for leave to appeal” shall cease to have effect.
the words " to give leave to appeal", shall cease to have effect;
for the words " notice of appeal", there shall be substituted the words " intimation of intention to appeal and note of appeal "; and
the words " or of an application for leave to appeal" shall cease to have effect.
For section 252 (supplemental powers of High Court), there shall be substituted the following section—.
Section 253(2) (evidence on commission) shall cease to have effect.
For section 254 (determination of appeals) there shall be substituted the following section—.
For section 255 (substitution of verdict) there shall be substituted the following section—.
In section 256 (frivolous appeals) for the word “notice” there shall be substituted the word “ note ”.
In section 257 (failure to appear at hearing), the words “or applicant” and, in both places where they occur, the words “or application for leave to appeal” shall cease to have effect.
In section 263(1) (prerogative of mercy):— the words “or an application for leave to appeal” shall cease to have effect ; and for the words from “either” to the end there shall be substituted the words “ refer the whole case to the High Court and the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under this Part of this Act. ”.
the words " or an application for leave to appeal" shall cease to have effect; and
for the words from " either " to the end there shall be substituted the words " refer the whole case to the High Court and the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under this Part of this Act. ".
In Section 264 (disqualification, forfeiture etc.), in each of subsections (1) and (2) for the words “ten days”, “a note of appeal or of application for leave to appeal” and “the determination thereof” there shall be substituted, respectively, the words “ two weeks ”, “ an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) of this Act a note of appeal) ” and “ such appeal, if it is proeeeded with, is determined ”.
In section 265 (fines and caution— in subsection (3) the words “either upon grounds of law alone, or with the certificate of the said judge upon any grounds mentioned in section 228(b) of this Act,” shall cease to have effect ; and in subsection (5), for the words from “a note” to “days” there shall be substituted the words “ an intimation of intention to appeal within two weeks ”.
in subsection (3) the words "either upon grounds of law alone, or with the certificate of the said judge upon any grounds mentioned in section 228(6) of this Act," shall cease to have effect; and
in subsection (5), for the words from " a note " to " days " there shall be substituted the words " an intimation of intention to appeal within two weeks ".
In section 269 (extract convictions) for the words “ten days”, “a note of appeal or of application for leave to appeal”, and “the determination thereof” there shall be substituted, respectively, the words “ two weeks ”, “ an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) of this Act a note of appeal) ” and “ such appeal, if it is proceeded with, is determined ”.
In section 270 (custody of trial documents etc.)— in subsection (2)— in subsection (3), for the words “an appellant or applicant who has lodged a note of appeal or of application for leave to appeal” there shall be substituted the words “ a person who has lodged an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) of this Act a note of appeal) ” ; and in subsection (4)—
in subsection (2)—
for the words " ten days ", in both places where they occur, there shall be substituted the words " two weeks ";
for the words " actual day on which the conviction took place" there shall be substituted the words " final determination (as construed in accordance with section 231(4) of this Act) of the proceedings ";
for the words " a note of appeal or application for leave to appeal" there shall be substituted the words " an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) of this Act a note of appeal) ";
for the words " a note of appeal or of application for leave to appeal has been lodged " there shall be substituted the words " there has been such lodgement "; and
for the words " determination thereof " there shall be substituted the words " appeal, if it is proceeded with, is determined ";
in subsection (3), for the words " an appellant or applicant who has lodged a note of appeal or of application for leave to appeal" there shall be substituted the words " a person who has lodged an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) of this Act a note of appeal) "; and
in subsection (4)—
for the words "note of appeal or application for leave to appeal" there shall be substituted the words " intimation of intention to appeal (or, in the case of an appeal under section 228(1)(b) of this Act, note of appeal) ";
for the words " ten days " there shall be substituted the words " two weeks "; and
at the end there shall be added the words " ; and they shall be so dealt with if, there having been such intimation, the appeal is not proceeded with. ".
In section 271 (Clerk of Justiciary to furnish forms etc.) for the words “notices of appeal” there shall be substituted the words “ intimations of intention to appeal, notes of appeal ”.
In section 272 (note to be kept of appeal) the words “or of application for leave to appeal”, the words “or application for leave to appeal” in the three places where they occur, and the words “of application” in the fourth place where they occur, shall cease to have effect.
In section 273(1) (register of appeals) for the words “a note of appeal or note of application for leave to” there shall be substituted the words “ intimation of intention to appeal or, in the case of an appeal under section 228(1)(b) of this Act, note of ”.
In section 274(1) (shorthand notes of trial) the words “or may be authorised” and “or application for leave to appeal” shall cease to have effect.
In section 277 (non-compliance with certain provisions)— in subsection (1), the words “and applications for leave to appeal”, and the words “or application” in both places where they occur, shall cease to have effect ; in subsection (2), the words “section 229”, “section 232” and “section 233” shall cease to have effect ; and in subsection (2), the words “section 236B” and “section 236C” shall be added at the appropriate places to the provisions mentioned in the subsection.
in subsection (1), the words " and applications for leave to appeal", and the words " or application " in both places where they occur, shall cease to have effect;
in subsection (2), the words " section 229 ", " section 232 " and " section 233 " shall cease to have effect; and
in subsection (2), the words " section 236B " and " section 236C" shall be added at the appropriate places to the provisions mentioned in the subsection.
In section 280 (appeals against hospital orders etc.) for the words “a conviction” there shall be substituted the word “ sentence ”.
For section 442 (appeal by stated case), there shall be substituted the following sections—
In section 443 (appeals against hospital orders etc.), for the words “a conviction” there shall be substituted the word “ sentence ”.
In section 444 (manner and time of appeal)— for subsection (1) there shall be substituted the following subsections— ; and
for subsection (1) there shall be substituted the following subsections—; and
in subsection (5), after the word " under" there shall be inserted the words " subsection (3) of ".
Section 445 (caution by appellant) shall cease to have effect.
In section 446 (procedure where appellant in custody), for subsection (1) there shall be substituted the following subsection—.
shall prepare a draft stated case, and the clerk of the court concerned shall forthwith issue the draft to the appellant or his solicitor and a duplicate thereof to the respondent or his solicitor.
In section 448 (adjustment and signature of case)— for subsections (1) and (2) there shall be substituted the following subsections— ;
for subsections (1) and (2) there shall be substituted the following subsections—;
for subsections (3) to (5) there shall be substituted the following subsections—;
in subsection (6), after the word " subsection " there shall be inserted the words " (1) or "; and
in subsection (8), after the word " under" there shall be inserted the words " subsection (6) of ".
In section 449 (abandonment of appeal)—
in subsection (1)—
for the words “under section 442”, there shall be substituted the words “ in an appeal such as is mentioned in section 444(1) ” ; and
after the word “respondent” there shall be inserted the words “ or the respondent’s solicitor ” ; and
in subsection (2) at the beginning there shall be inserted the words “ Subject to section 453A of this Act, ”.
In section 450 (record of procedure on appeal), for the words “being taken under section 442 of this Act” there shall be substituted the words “ such as is mentioned in section 444(1) of this Act being taken ”.
For section 451 (computation of time), there shall be substituted the following section—.
For section 452 (hearing of appeal), there shall be substituted the following sections—.
in subsection (1) for the words " section 442" there shall be substituted the words " section 442(1)(a)(i) or (iii) ";
in subsection (2) after the word " appellant" where it first occurs there shall be inserted the words " or his solicitor ";
in each of paragraphs (a) and (b) of subsection (5), for the words " 10 days" there shall be substituted the words " 2 weeks ".
After section 453 of the 1975 Act there shall be inserted the following sections—.
Section 454(2) (which provides in relation to summary proceedings that no conviction or sentence etc. shall be quashed except on certain specified grounds) shall cease to have effect.
In section 68(3) (notice of previous convictions)— the words “where the accused pleads not guilty at the first diet” shall cease to have effect ; for the words “second diet” in each of the three places where they occur, there shall be substituted the words “ trial diet ” ; and for the words “the first diet”, in the second place where they occur, there shall be substituted the words “ any diet ”.
the words " where the accused pleads not guilty at the first diet" shall cease to have effect;
for the words " second diet" in each of the three places where they occur, there shall be substituted the words " trial diet "; and
for the words " the first diet", in the second place where they occur, there shall be substituted the words " any diet ".
In section 69 (warrants for citation) for the words “second diet” there shall be substituted the words “ trial diet ”.
In section 74 (proceedings against bodies corporate)— subsection (3) shall cease to have effect ; and in subsection (4), for the words “second diet” there shall be substituted the words “ trial diet ”.
subsection (3) shall cease to have effect; and
in subsection (4), for the words " second diet" there shall be substituted the words " trial diet ".
For section 75 there shall be substituted the following section—.
For section 76 (notice for first diet) there shall be substituted the following sections—.
For section 77 (alteration of diet) there shall be substituted the following section—.
After section 77, there shall be inserted the following section—.
For section 78 there shall be substituted the following section—.
For section 80 there shall be substituted the following section—.
In section 82(2) and (3) (written notice of witnesses and productions) for the words “second diet” in each of the four places where they occur there shall be substituted the words “ trial diet ”.
In section 83 (accused to see productions) for the words “second diet”, in both places where they occur, there shall be substituted the words “ trial diet ”.
In section 84 (proof as to productions) for the words “second diet”, in each of the four places where they occur, there shall be substituted the words “ trial diet ”.
In section 96 (notice of jury list) for the words from “Clerk of Justiciary” to “sheriff court”, there shall be substituted the words “ clerk of the court before which the trial is to take place, ” and for the words “second diet” where they occur for the fourth time, there shall be substituted the words “ trial diet ”.
For section 103, there shall be substituted the following section—.
For section 104 there shall be substituted the following section—.
Section 105 (High Court case) shall cease to have effect.
Section 106 (pleas of guilty) shall cease to have effect.
Section 107 (solicitor of place of second diet may defend at both diets) shall cease to have effect.
Section 108 (certain objections competent only at first diet) shall be amended as follows—
for the words “unless the same be stated to the sheriff at the first diet before the accused is called upon to plead” there shall be substituted the words “except by leave of the court on cause shown, unless his intention to raise the objection is stated in a notice under section 76(1)(a) of this Act”.,
the words of section 108 as amended by sub-paragraph (a) of this paragraph shall be subsection (1) of that section and after that subsection there shall be inserted the following subsection—.
In section 115 (sittings dispensed with) for the words “sheriff at the first”, there shall be substituted the word “trial”.
In section 116 (adjournment of second diet)—
for the words “the second”—
where they occur for the first time there shall be substituted the words “the trial”; and
where they occur for the second time there shall be substituted the words “any further”; and
for the words “at the first diet” there shall be substituted the words “before that diet”.
In section 117 (sitting transferred where few cases) for the words “at the first” there shall be substituted the words “before the trial” ; and for the words “the second diets” there shall be substituted the words “any further diets in”.
Section 120 (notification after first diet of intention to plead guilty) shall cease to have effect.
Section 121 (second diet-transcript of procedure at first diet) shall cease to have effect.
Section 122 (review at second diet in High Court) shall cease to have effect.
In section 127(1) (procedure where trial does not take place)—
for the words “second diet” in each of the three places where they occur there shall be substituted the words “trial diet” ; and
for the words “of the causes set forth in section 122 of this Act,” there shall be substituted the word “cause;”.
Provided that section 12 of this Act and section 212, or as the case may be 421, of the Criminal Procedure (Scotland) Act 1975 shall continue to apply to a person so transferred to prison.
For section 12 there shall be substituted the following section—.
In section 51(5) (interpretation) for the words from " section 1 " to " of age)" there shall be substituted the words " section 205, 206, 207 or 415 of the Criminal Procedure (Scotland) Act 1975 (restrictions on imprisonment of children etc.) ".
Section 83(1).
A provision contained in any of sections 6, 12 to 17, 26, 28, 29, 31, 36, 40 to 42 and 46(1)(b) of, and Schedules 1 and 4 to, this Act and any related amendment or repeal provided for in Schedule 7 or 8 to this Act, shall not apply in relation to proceedings which have been instituted before the coming into force of that provision; and, for the purposes of this paragraph, proceedings shall be taken to have been instituted on the day on which the petition or complaint is served on the accused.
A provision contained in any of sections 18(2), 19, 21, 22, 27, 30 and 39 of this Act, and any such related amendment or repeal, shall not apply in relation to a trial which has commenced before the coming into force of that provision; and, for the purposes of this paragraph, a trial shall be taken to commence—
in the case of solemn proceedings, when the oath is administered to the jury;
in the case of summary proceedings, when the first witness is sworn.
A provision contained in any of sections 47, 48, 50 and 52 of this Act, and any such related amendment or repeal, shall not apply in relation to the enforcement of any fine or caution imposed before the coming into force of that provision.
A provision contained in any of sections 46(1)(a), (c) and (d), 56(1) and 57 of this Act shall not affect the punishment for an offence committed before the coming into force of that provision.
A person serving a sentence of borstal training on the date when section 45 of this Act comes into force, shall be liable to be detained in a young offenders institution, but in every other respect shall be liable to be dealt with as if the said section had not come into force.
Sections 33, 35 and 37 of, and Schedule 2 to, this Act shall not apply in relation to an appeal against, or review of, an order made on the final determination of a solemn prosecution before the coming into force of those sections and that Schedule.
Section 34 of, and Schedule 3 to, this Act shall not apply in relation to an appeal against an order made on the final determination of a summary prosecution before the coming into force of that section and Schedule.
A provision contained in paragraph 24 of Schedule 7 to this Act shall not affect the operation of the Rehabilitation of Offenders Act 1974 as regards any disposal which predates the coming into force of that provision.
In the application of section 66 of this Act to proceedings instituted before the coming into force of the Magistrates’ Courts Act 1980, for the reference to section 91 of that Act in subsection (1) of the said section 66 there shall be substituted a reference to section 72B of the Magistrates’ Courts Act 1952.
In the application of section 38A of the Criminal Law Act 1977 to the execution of extract convictions and warrants before the coming into force of the Magistrates’ Courts Act 1980, for the reference to section 150(3) of the said Act of 1980 in the said section 38A there shall be substituted a reference to section 102(4) of the Magistrates’ Courts Act 1952.
Section 83(2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 28(2) (discontinuance of prison) for the words " young offenders institution or Borstal institution " there shall be substituted the words " or young offenders institution ".
In section 31 (remand centres, etc.)—
in subsection (1)—
in paragraph (b) for the words from " not less " to " 1949" there shall be substituted the words " upon whom detention therein has been imposed under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975 ";
paragraph (c) shall cease to have effect; and
in paragraph (d) for the words " the Criminal Justice (Scotland) Act 1963 " there shall be substituted the words " section 207 or 415 of the Criminal Procedure (Scotland) Act 1975 ";
in subsection (3) ,for the words " young offenders institution and Borstal institution " there shall be substituted the words " and young offenders institution "; and
in subsection (4), for the words " young offenders institutions and Borstal institutions " there shall be substituted the words " and young offenders institutions " and for the words " young offenders institutions or Borstal institutions " there shall be substituted the words " or young offenders institutions ".
In section 34 (temporary detention) for the words " Borstal institution or a young offenders institution " there shall be substituted the words " young offenders institution or a detention centre ".
In section 35 (rules for the management of prisons and other institutions)—
in subsection (1), for the words " young offenders institutions and Borstal institutions " there shall be substituted the words " and young offenders institutions ";
in subsection (5)(c), for the words " Criminal Appeal (Scotland) Act 1926" there shall be substituted the words " Criminal Procedure (Scotland) Act 1975 "; and
in subsection (6), for the words ", corrective training, preventive detention, detention in a young offenders institution or Borstal training" there shall be substituted the words " or detention ".
In section 37 (persons unlawfully at large)—
in subsection (1), for the words from " corrective training " to " detained in a " there shall be substituted the words " or to detention in a young offenders institution or ";
in subsection (2)—
for the words from " corrective training " to " detained in a " there shall be substituted the words " or to detention in a young offenders institution or "; and
the words " Borstal institution", in both places where they occur, shall cease to have effect; and
after subsection (2) there shall be inserted the following subsection—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (5)—
for the words "any part of the United Kingdom other than Northern Ireland " there shall be substituted the words " England and Wales ";
for the words " that part of the United Kingdom " there shall be substituted the words " England and Wales "; and
the proviso shall cease to have effect;
after subsection (5A) there shall be inserted the following subsection—.
In section 29(1) (removal for judicial purposes) after the words “young offenders centre” there shall be inserted the words “ , young offenders institution ”.
In section 30(3) (prisoners unlawfully at large) after the words “young offenders centre” there shall be inserted the words “ , young offenders institution ”.
In section 32(2) (extension throughout the United Kingdom of certain enactments relating to supervision and recall)— paragraph (b) shall cease to have effect ; in paragraph (f), the word “11” shall cease to have effect ; and in paragraph (i) for the words “214” there shall be substituted the words “212, 214, 421”.
paragraph (b) shall cease to have effect;
in paragraph (f), the word "11" shall cease to have effect; and
in paragraph (i) for the words " 214" there shall be substituted the words " 212, 214, 421 ".
In section 38 (construction of references to sentence of imprisonment)— in subsection (3)(a)— in subsection (5)(a), the words “in a young offenders institution” shall cease to have effect.
in subsection (3)(a)—
the words " corrective training, preventive detention," shall cease to have effect;
at the end there shall be added the words " or young offenders institution "; and
in subsection (5)(a), the words " in a young offenders institution " shall cease to have effect.
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in paragraph (a) of the definition of " appropriate institution", for the words "any part of the United Kingdom other than Northern Ireland " there shall be substituted the words " England and Wales ";
in paragraph (b) of that definition, the words " England and Wales or" shall cease to have effect; and
in paragraph (bb) of that definition, for the words " sentenced to imprisonment when under twenty-one years of age " there shall be substituted the words " under twenty-one years of age who is serving a sentence of—
imprisonment;
borstal training ; or
detention in a young offenders centre in Northern Ireland, and ".
In section 9(4)(a) (transfer between institutions), after the words “1957” there shall be inserted the words “ the Armed Forces Act 1976 ”.
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In section 51 (interpretation)—
in subsection (2), for the words " or the Air Force Act 1955 " there shall be substituted the words " the Air Force Act 1955 or the Armed Forces Act 1976 "; and
in subsection (3), for the words " in a young offenders institution " there shall be substituted the words " under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975 ".
In section 1 (scope and general conditions of legal aid), at the end of subsection (7) there shall be added the following proviso— “ :Provided that nothing in this section shall preclude a person from being given legal aid in connection with summary proceedings after conviction and before sentence where the court is considering a sentence of imprisonment or detention or the imposition of imprisonment, or detention, under section 396(2) of the Criminal Procedure (Scotland) Act 1975 in respect of failure to pay a fine, and he has not previously been sentenced to imprisonment, or detention as defined in section 41(2)(b) of the Criminal Justice (Scotland) Act 1980. ”..
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In section 61 (release on licence of persons sentenced to imprisonment for life etc.), in subsection (4) for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
In section 62 (revocation of licences, etc.)—
in subsection (11), for the words "206" there shall be substituted the words " 205(2) "; and
after subsection (11) there shall be added the following subsection—.
In section 64(2)(a) (conditions in licences of persons transferred from another part of the United Kingdom, the Channel Islands or the Isle of Man), for the words " section 60 " there shall be substituted the words " sections 60 and 61 ".
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In section 10(4) (evidence by certificate)—
after the word “Scotland” there shall be inserted “ (a) ”; and
at the end there shall be inserted the following paragraph—.
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In section 5 (rehabilitation periods for particular sentences)—
in subsection (1)(d)—
after the word “life”, there shall be inserted the words “ or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975, ” ; and
for the words “or under section 57 of the Children and Young Persons (Scotland) Act 1937 (young offenders convicted of grave crimes)” there shall be substituted the words “ (young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment) ” ;
in subsection (2), in Table B, in the first column—
for the words “57 of the said Act of 1937” there shall be substituted the words “ 206 of the Criminal Procedure (Scotland) Act 1975 ” ; and
the words “or under section 7 of the Criminal Justice (Scotland) Act 1963” shall cease to have effect ;
in subsection (5) for paragraph (c) there shall be substituted the following paragraph— ; and
in subsection (9)—
in paragraph (a), for the words “in a young offenders institution in Scotland” there shall be substituted the words “ under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975 ” ; and
in paragraph (b) for the words “section 57 of the said Act of 1937” there shall be substituted the words “ section 206 of the said Act of 1975 ”.
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in subsection (1) there shall be inserted before the proviso the words " or ordain him to appear at the adjourned diet "; and
in subsection (2), for paragraph (a) there shall be substituted the following paragraph—.
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for the words " young offenders institution " there shall be substituted the words " under section 207 of this Act "; and
for the words from " instead" to the end there shall be substituted the words " , except where the person convicted is subject to a licence granted under section 60 (1) or section 61 of the Criminal Justice Act 1967, make an order for his recall. ".
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in paragraph (b) for the word " statute " there shall be substituted the words " enactment or rule of law "; and
at the end of that paragraph there shall be inserted the words " as well as, in accordance with section 196(1) of this Act, to the enforcement of a fine imposed in solemn proceedings ".
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in subsection (2), after the word " (3) " there shall be inserted the words " or (3A) "; and
after subsection (3) there shall be inserted the following subsection—.
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for the word " apprehended " and for the word " apprehension " there shall be substituted respectively the word " arrested " and the words " such arrest " ;
the existing words after " entitled " shall be paragraph (a) of the section ; and
after that paragraph there shall be inserted the following paragraph—.
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in subsection (1) for the words from " objections " where it first occurs to " stated " there shall be substituted the words " an objection to the competency or relevancy of the complaint or the proceedings or issue a denial that he is the person charged by the police with the offence ; and no such objection or denial shall be allowed to be stated or issued ";
for subsection (2) there shall be substituted the following subsection—.
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in subsection (1) there shall be inserted before the proviso the words " or ordain him to appear at the adjourned diet "; and
in subsection (2), for paragraph (a) there shall be substituted the following paragraph—.
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in subsection (1), the words from " and it" to the end shall cease to have effect; and
for subsection (2) there shall be substituted the following subsections—.
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for the words " young offenders institution " there shall be substituted the words " under section 415 of this Act "; and
for the words from " instead" to the end there shall be substituted the words " , except where the person convicted is subject to a licence granted under section 60(1) or section 61 of the Criminal Justice Act 1967, make an order for his recall. ".
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at the appropriate place there shall be inserted the definition " ' diet ' includes any continuation of a diet; " ;
in the definition of " impose detention " and " impose imprisonment ", for the words " failing to do or abstain from doing anything required to be done or left undone " there shall be substituted the words " contempt of court "; and
for the definition of " sentence " there shall be substituted the definition " ' sentence', whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court. ".
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in paragraph 2—
for the words from " be made " to " by him)." there shall be substituted the words " be lodged, at least 15 clear days before the trial diet, with the clerk of the court before which that diet is to be. "; and
for the words " the presiding sheriff " there shall be substituted the words " a judge of that court; and that judge shall deal with the application in chambers. The accused, if represented by counsel or by a solicitor, shall not be entitled to attend. " ; and
for paragraphs 3 and 4 there shall be substituted the following paragraph—.
In section 39(3) (service of summonses and citations throughout the United Kingdom)—
after the word “include” there shall be inserted “ (a) ” ; and
at the end there shall be added the following paragraph—.
Section 83(3). Chapter Short title Extent of repeal 7 Anne c. 21. The Treason Act 1708. Section 7. 39 & 40 Geo. 3. c. 93. The Treason Act 1800. The whole Act. 8 & 9 Vict. c. 33. The Railways Clauses Consolidation (Scotland) Act 1845. Section 144. 38 & 39 Vict. c. 86. The Conspiracy, and Protection of Property Act 1875. Section 11. 50 & 51 Vict. c. 35. The Criminal Procedure (Scotland) Act 1887. Schedules F and G. 55 & 56 Vict. c. 55. The Burgh Police (Scotland) Act 1892. Section 382. 2 & 3 Geo. 5. c. 14. The Protection of Animals (Scotland) Act 1912. Section 4. 23 & 24 Geo. 5. c. 12. The Children and Young Persons Act 1933. Section 26(5). 8 & 9 Geo. 6. c. 44. The Treason Act 1945. The whole Act. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. Section 21. Section 75(3)(e). 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. The Prisons (Scotland) Act 1952. Section 7(4). Section 19. In section 31(4), in paragraph (i) of the proviso, the words “, section nineteen, subsections (2) to (6) of section twenty” ; and paragraph (iv) of the proviso. Sections 32 and 33. Section 35(5)(a). In section 37(2), the words “Borstal institution” in both places where they occur. 8 & 9 Eliz. 2. c. 16. The Road Traffic Act 1960. Section 246. 9 & 10 Eliz. 2. c. 39. . . The Criminal Justice Act 1961. . . . . . In section 32(2), paragraph (b), and in paragraph (f “11”. In section 38, in subsection (3)(a) the words “corrective training, preventive detention,” ; and in subsection (5)(a) the words “in a young offenders institution”. In section 39(1), in paragraph (b) of the definition of “appropriate institution”, the words “England and Wales or”. 1962 c. 52. The Penalties for Drunkeness Act 1962. In section 1(2)(a) the words “the fist paragraph of subsection (1) of section seventy of the Licensing (Scotland) Act 1903,” and in section 1(2)(b) the words “or the said section seventy”. 1963 c. 39. The Criminal Justice (Scotland) Act 1963. Section 2. Sections 4 and 5. Section 9(1) and (2). Section 11. In section 50(1), the words “(other than orders made under section 11, section 12(1) or (3) or section 22)”. 1967 c. 76. The Road Traffic Regulations Act 1967. Section 93. 1967 c. 80. The Criminal Justice Act 1967. In section 60— in subsection (6) the words from “—(a)” to “case,” in paragraph (b); and in subsection (8), in paragraph (c) the letter “(a)”. In section 70(1) the words “corrective training or preventive detention”. 1968 c. 27. The Firearms Act 1968. In Schedule 6 Part II, paragraph I. 1971 c. 77. The Immigration Act 1971. In section 6(5) the words “(a) except in Scotland” ; and the words from “; and (b)” to the end. 1972 c. 20. The Road Traffic Act 1972. In Schedule 4 Part IV, paragraph 3. 1974 c. 53. The Rehabilitation of Offenders Act 1974. In section 5(2), in Table B the words “or under section 7 of the Criminal Justice (Scotland) Act 1963”. 1975 c. 14. The Social Security Act 1975. Section 147(6). 1975 c. 21. The Criminal Procedure (Scotland) Act 1975. In section 68(3) the words “where the accused pleads not guilty at the first diet”. Section 74(3). Sections 105 to 107. Sections 120 to 122. In section 141, the words “and the spouse of the accused” ; in proviso (b) the words “or the spouse of the accused” ; provisos (c) and (d) ; and in proviso (g) the words “or section 143 of this Act”. In section 191(1) the words “under this Part of this Act”. In section 193(2) the words from “as” to the end. Section 195. Sections 197 to 202. Section 204. Sections 208 to 211. In section 218 the words “in a young offenders institution as defined in section 31(1)(d) of the Prisons (Scotland) Act 1952”. In section 228, the proviso. Section 229. Section 232. In section 234 in each of subsections (1) and (3) the words “or an applicant for leave to appeal” and the words “or application for leave to appeal”. In section 236 the words “or application for leave to appeal”. In section 240 the words “and on an application for leave to appeal”. In section 245(3) the words “from the sheriff court”. In section 247 the words “to give leave to appeal” and the words “or of an application for leave to appeal”. Section 253(2). In section 257 the words “or applicant” and in both places where they occur the words “or application for leave to appeal”. In section 263(1) the words “or an application for leave to appeal”. In section 265(3) the words “either upon grounds of law alone, or with the certificate of the said judge upon any grounds mentioned in section 228(b) of this Act”. In section 272 the words “or of application for leave to appeal” ; in the three places where they occur the words “or application for leave to appeal” ; and the words “or application” in the fourth place where they occur. In section 274(1) the words “or may be authorised” and the words “or application for leave to appeal”. In section 277 the words “and application for leave to appeal” ; the words “or application” in both places where they occur ; the words “section 229” ; the words “section 232” ; and the words “section 233”. In section 285, in paragraph (b), sub-paragraph (iv), and the proviso. Section 289D(3)(c). In section 296(5) the words “(including any continuation of diet)”. In section 310 the word “subsequent” where it first occurs. In section 314(3) the words “or a later”. Section 337(e). In section 346, the words “and the spouse of the accused”; in paragraph (b) of the proviso the words “or the spouse of the accused” ; paragraphs (c) and (d) of the proviso ; and in paragraph (g) of the proviso the words “or section 348 of this Act”. Section 365. In section 392(1) the words “on indictment” and the words “under Part I of this Act”. In section 399(1), the words from “and it” to the end. Section 405. Section 410. Section 411(2). Section 414. Sections 416 to 420. In section 434(3) the words from “and, without” to the end. Section 444(6). Section 445. In section 447(2) the words from “of the form” to “or”. Section 448(9). Section 454(2). Section 460(5) and (6). Schedule 4. In Schedule 7B, in paragraph 1, sub-paragrahs (1)(a) and (2)(c). In Schedule 9, paragraph 40. 1975 c. 61. The Child Benefit Act 1975. Section 11(8). 1976 c. 66. The Licensing (Scotland) Act 1976. Section 128(2). 1976 c. 67. The Sexual Offences (Scotland) Act 1976. Section 7. Section 16. 1976 c. 71. The Supplementary Benefits Act 1976. Section 26(5). 1977 c. 45. The Criminal Law Act 1977. In Schedule 11, paragraphs 11 to 13. 1979 c. 2. The Customs and Excise Management Act 1979. Section 149(2).
" alcohol " means alcoholic liquor as defined in section 139 of the Licensing (Scotland) Act 1976;
“alcohol” means alcoholic liquor as defined in section 139 of the Licensing (Scotland) Act 1976;
" designated " means designated by the Secretary of State by order under section 68 of this Act;
“advertised” means announced in any written or printed document or in any broadcast announcement;
“relevant area” means any part of a sports ground—
the driver if he owns the vehicle ; and
in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
the driver if he owns the vehicle; and
in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);
to which spectators attending a designated sporting event are granted access on payment; or
from which a designated sporting event may be viewed directly;
“sporting event” means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and
Section 127 of the Licensing (Scotland) Act 1976 shall apply for the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act as it applies for the purposes of any trial in connection with an alleged contravention of any provision of that Act.
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 £200, 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 289B of the 1975 Act), 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.
After section 27A of the Social Work (Scotland) Act 1968 there shall be inserted the following section—.
Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of twenty-one years.
An act which would otherwise be treated for the purposes of this Act as being done in private shall not be so treated if done—
when more than two persons take part or are present or
in a lavatory to which the public have, or are permitted to have, access whether on payment or otherwise.
A male person who is suffering from mental deficiency which is of such a nature or degree that he is incapable of living an independent life or of guarding himself against serious exploitation cannot in law give any consent which, by virtue of subsection (1) above, would prevent a homosexual act from being an offence ; but a person shall not be convicted on account of the incapacity of such a male person to consent, of an offence consisting of such an act if he proves that he did not know and had no reason to suspect that male person to be suffering from such mental deficiency.
Section 97 of the Mental Health (Scotland) Act 1960 (prohibition on men on the staff of a hospital, or otherwise having responsibility for mental patients, having sexual intercourse with women patients) shall have effect as if any reference therein to having unlawful sexual intercourse with a woman included a reference to committing a homosexual act.
Subsection (1) above shall not prevent a homosexual act from being an offence under any provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
In this section, " a homosexual act" means sodomy or an act of gross indecency by one male person with another male person.
Subject to the provisions of subsection (3) above, it shall be an offence to commit or to be party to the commission of, or to procure or attempt to procure the commission of a homosexual act—
otherwise than in private ;
without the consent of both parties to- the act;
with a person under the age of twenty-one years; or
where the act is committed on board a United Kingdom merchant ship, wherever it may be, by a male person who is a member of the crew of that ship with another male person who is a member of the crew of that ship or any other United Kingdom merchant ship.
In this section—
It shall be an offence to procure or attempt to procure the commission of a homosexual act between two other male persons.
From the commencement of this section a person who commits or is party to the commission of an offence under subsection (7) or subsection (9) above shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both and on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 289B of the 1975 Act).
It shall be a defence to a charge of committing a homosexual act under subsection (7)(c) above that the person so charged being under the age of 24 years who had not previously been charged with like offence, had reasonable cause to believe that the other person was of or above the age of twenty-one years.
A person who knowingly lives wholly or in part on the earnings of another from male prostitution or who solicits or importunes any male person for the purpose of procuring the commission of a homosexual act within the meaning of subsection (6) above shall be liable:
on summary conviction to imprisonment for a term not exceeding six months ; or
on conviction on indictment to imprisonment for a term not exceeding two years.
Premises shall be treated for the purposes of sections 13 and 14 of the Sexual Offences (Scotland) Act 1976 as a brothel if people resort to it for the purpose of homosexual acts within the meaning of subsection (6) above in circumstances in which resort thereto for heterosexual practices would have led to its being treated as a brothel for the purposes of those sections.
No proceedings for an offence to which this subsection applies shall be commenced after the expiration of twelve months from the date on which that offence was committed. This subsection applies to:
the offences mentioned in subsections (7) and (9) above; and
any offence under subsection (12) above which consists of soliciting or importuning any male person for the purpose of procuring the commission of a homosexual act.
In this Act—
Except where the context otherwise requires, expressions used in this Act and in the 1975 Act shall have the same meanings in this Act as in that Act.
There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
Schedule 6 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.
The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified, being minor amendments or amendments consequential on the provisions of this Act.
The enactments specified in Schedule 8 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Criminal Justice (Scotland) Act 1980.
This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument; and different dates may be so appointed for different provisions or different purposes.
Any order under subsection (2) above may make such transitional provision as appears to the Secretary of State to be expedient in connection with the provisions thereby brought into force.
Subject to subsections (5) to (7) below, this Act extends to Scotland only.
This section and the following provisions extend to England and Wales— section 22; section 51; section 66 for the purposes of the construction mentioned in subsection (1) of that section; paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6; paragraphs 6(a), 7 to 12, 24, 58 and 79 of Schedule 7; and Schedule 8 so far as relating to the Criminal Justice Act 1961 and to section 365 of the 1975 Act.
This section, section 22, section 51, section 66 for the purposes of the construction mentioned in subsection (1) of that section, paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6, paragraphs 6(a), 7 to 12 and 77 of Schedule 7, and Schedule 8 so far as relating to the Criminal Justice Act 1961 extend to Northern Ireland.
This section, paragraphs 6(a) and 10 (a) of Schedule 7, and Schedule 8 so far as relating to section 32(2)(b) of the Criminal Justice Act 1961, extend to the Channel Islands and the Isle of Man.