Progress of respiratory syncytial virus surveillance and disease burden estimation based on the Global Influenza Surveillance and Response System: meeting report, Lima, Peru, 22-26 April 2024
Any male person who has sexual intercourse with a person related to him in a degree specified in column 1 of the Table set out at the end of this subsection, or any female person who has sexual intercourse with a person related to her in a degree specified in column 2 of that Table, shall be guilty of incest, unless the accused proves that he or she—
did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was related in a degree so specified; or
did not consent to have sexual intercourse, or to have sexual intercourse with that person; or
was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law. Column 1 Column 2 1. Relationships by consanguinity Mother Father Daughter Son Grandmother Grandfather Grand-daughter Grandson Sister Brother Aunt Uncle Niece Nephew Great grandmother Great grandfather Great grand-daughter Great grandson 2. Relationships by adoption Adoptive mother or former adoptive mother. Adoptive father or former adoptive father. Adopted daughter or former adopted daughter. Adopted son or former adopted son. 3. Relationships by virtue of Part 2 of the Human Fertilisation and Embryology Act 2008 Mother Father Daughter Son Second female parent by virtue of section 42 or 43 of that Act
For the purpose of this section, a degree of relationship exists in the case of a degree specified in paragraph 1 of the Table—
whether it is of the full blood or the half blood; and
even where traced through or to any person whose parents are not or have not been married to one another.
For the avoidance of doubt sexual intercourse between persons who are not related to each other in a degree referred to in subsection (1) above is not incest.
Any step-parent or former step-parent who has sexual intercourse with his or her step-child or former step-child shall be guilty of an offence if that step-child is either under the age of 21 years or has at any time before attaining the age of 18 years lived in the same household and been treated as a child of his or her family, unless the accused proves that he or she—
did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was a step-child or former step-child; or
believed on reasonable grounds that that person was of or over the age of 21 years; or
did not consent to have sexual intercourse, or to have sexual intercourse with that person; or
was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person of or over the age of 16 years who— shall be guilty of an offence, unless the accused proves that subsection (2) below applies in his or her case.
has sexual intercourse with a child under the age of 16 years;
is a member of the same household as that child; and
is in a position of trust or authority in relation to that child,
This subsection applies where the accused—
believed on reasonable grounds that the person with whom he or she had sexual intercourse was of or over the age of 16 years; or
did not consent to have sexual intercourse, or to have sexual intercourse with that person; or
was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.
Proceedings in respect of an offence under section 1 or 2 of this Act may be brought on indictment or, if the Lord Advocate so directs, on a summary complaint before the sheriff.
Summary proceedings in pursuance of this section may be commenced at any time within the period of 6 months from the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge.
Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of summary proceedings) shall have effect for the purposes of subsection (2) above as it has effect for the purposes of that section.
For the purposes of subsection (2) above, a certificate of the Lord Advocate as to the date on which the evidence in question came to his knowledge is conclusive evidence of the date on which it did so.
Subject to subsection (6) below, a person guilty of an offence under section 1 or 2 of this Act shall be liable—
on conviction on indictment, to imprisonment for any term of imprisonment up to and including life imprisonment; and
on summary conviction, to imprisonment for a term not exceeding 3 months.
Before passing sentence on a person convicted of any such offence, the court shall—
obtain information about that person’s circumstances from an officer of a local authority or otherwise and consider that information; and
take into account any information before it which is relevant to his character and to his physical and mental condition.
In subsection (6) above, “local authority” has the meaning assigned to it by section 1(2) of the Social Work (Scotland) Act 1968.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person who has unlawful sexual intercourse with any girl under the age of 13 years shall be liable on conviction on indictment to imprisonment for life.
Any person who attempts to have unlawful sexual intercourse with any girl under the age of 13 years shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.
Without prejudice to sections 1 to 4 of this Act, any person who has, or attempts to have, unlawful sexual intercourse with any girl of or over the age of 13 years and under the age of 16 years shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.
No prosecution shall be commenced for an offence under subsection (3) above more than one year after the commission of the offence.
It shall be a defence to a charge under subsection (3) above that the person so charged—
had reasonable cause to believe that the girl was his wife; or
being a man under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the girl was of or over the age of 16 years.
In subsection (5) above, “a like offence” means an offence under—
subsection (3) above; or
section 4(1) or 10(1) of the Sexual Offences (Scotland) Act 1976 or section 5 or 6 of the Criminal Law Amendment Act 1885 (the enactments formerly creating the offences mentioned in subsection (3) above and section 10(1) of this Act); or
section 6 of the Sexual Offences Act 1956 (the provision for England and Wales corresponding to subsection (3) above), or with an attempt to commit such an offence; or
section 9(1) of this Act.
For the purposes of subsection (4) above, a prosecution shall be deemed to commence on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person who procures or attempts to procure— shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.
any woman under 21 years of age or girl to have unlawful sexual intercourse with any other person or persons in any part of the world; or
any woman or girl to become a common prostitute in any part of the world; or
any woman or girl to leave the United Kingdom, with intent that she may become an inmate of or frequent a brothel elsewhere; or
any woman or girl to leave her usual place of abode in the United Kingdom, with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel in any part of the world,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by threats or intimidation procures or attempts to procure any woman or girl to have any unlawful sexual intercourse in any part of the world; or
by false pretences or false representations procures any woman or girl to have any unlawful sexual intercourse in any part of the world; or
applies or administers to, or causes to be taken by, any woman or girl any drug, matter or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful sexual intercourse with such woman or girl,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person who detains any woman or girl against her will— shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.
in or upon any premises with intent that she may have unlawful sexual intercourse with men or with a particular man; or
in any brothel,
Where a woman or girl is in or upon any premises for the purpose of having unlawful sexual intercourse, or is in a brothel, a person shall be deemed to detain such woman or girl in or upon such premises or brothel if, with intent to compel or induce her to remain in or upon the premises or brothel, he withholds from her any wearing apparel or other property belonging to her or, where wearing apparel has been lent or otherwise supplied to the woman or girl by or by the direction of such person, he threatens the woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.
No legal proceedings, whether civil or criminal, shall be taken against a woman or girl mentioned in subsection (4) above for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel mentioned in that subsection.
Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly suffers any girl of such age as is mentioned in this subsection to resort to or be in or upon such premises for the purpose of having unlawful sexual intercourse with men or with a particular man—
if such girl is under the age of 13 years, shall be liable on conviction on indictment to imprisonment for life; and
if such girl is of or over the age of 13 years and under the age of 16 years, shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.
It shall be a defence to a charge in proceedings under this section that the person so charged . . . had reasonable cause to believe that the girl was of or over the age of 16 years.
In subsection (2A) above—
“a relevant sexual offence” has the same meaning as in section 39(5)(a) of the Sexual Offences (Scotland) Act 2009 (asp 9); . . .
“a risk of sexual harm order” has the same meaning as in section 39(5)(b) of that Act.
“a previous conviction for a relevant foreign offence” has the same meaning as in section 39(5)(aa) of that Act; and
section 4(1) or 10(1) of the Sexual Offences (Scotland) Act 1976 or section 5 or 6 of the Criminal Law Amendment Act 1885 (the enactments formerly creating the offences mentioned in paragraphs (a) and (b) above).
But the defence under subsection (2) is not available to the person so charged if—
that person has previously been charged by the police with a relevant sexual offence;. . .
that person has a previous conviction for a relevant foreign offence committed against a person under the age of 16 and the court considers it appropriate for the conviction to have that effect; or
there is in force in respect of that person a risk of sexual harm order.
If any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995), in relation to, or having charge or care of a girl under the age of 16 years causes or encourages— her he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.
the seduction or prostitution of;
unlawful sexual intercourse with; or
the commission of an indecent assault upon,
For the purposes of this section, a person shall be deemed to have caused or encouraged the matters mentioned in paragraphs (a) to (c) of subsection (1) above upon a girl who has been seduced or indecently assaulted, or who has had unlawful sexual intercourse or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.
Subsections (1) and (2) above shall apply to a contravention of sections 19 to 26 and 29 to 36 of the Sexual Offences (Scotland) Act 2009 (asp 9) (certain sexual offences relating to children) in like manner as they apply to an indecent assault, and any reference to the commission of such an assault or to being indecently assaulted shall be construed accordingly.
Where on the trial of any offence under this Part of this Act it is proved to the satisfaction of the court that the seduction or prostitution of a girl under the age of 16 years has been caused, encouraged or favoured by her father, mother or guardian it shall be in the power of the court to divest such person of all authority over her, and to appoint any person or persons willing to take charge of such girl to be her guardian until she has attained the age of 21 years, or such lower age as the court may direct.
The High Court of Justiciary shall have the power from time to time to rescind or vary an order under subsection (4) above by the appointment of any other person or persons as such guardian, or in any other respect.
Every male person who— shall be guilty of an offence and liable to the penalties set out in subsection (1A).
knowingly lives wholly or in part on the earnings of prostitution; or
in any public place persistently solicits or importunes for immoral purposes,
If it is made to appear to a court of summary jurisdiction by information on oath that there is reason to suspect that any house or any part of a house is used by a female for purposes of prostitution, and that any male person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, the court may issue a warrant authorising a constable to enter and search the house and to arrest that male person.
A person—
guilty of the offence set out in subsection (1)(a) is liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both,
guilty of the offence set out in subsection (1)(b) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years,
on summary conviction, to imprisonment for a term not exceeding 12 months.
Where a male person is proved to live with or to be habitually in the company of a prostitute, or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person, or generally, he shall, unless he can satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution.
Every female who is proved to have, for the purposes of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any other person, or generally, shall be liable to the penalties set out in subsection (1A)(a) above.
Any person who— shall be guilty of an offence.
keeps or manages or acts or assists in the management of a brothel; or
being the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or
being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,
A person guilty of an offence under subsection (5) is liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both.
If any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995), in relation to, or having charge or care of a child who has attained the age of four years and is under the age of 16 years, allows that child to reside in or to frequent a brothel, he shall be liable on conviction on indictment, or on summary conviction, to a fine not exceeding level 2 on the standard scale or alternatively, or in default of payment of such a fine, or in addition thereto, to imprisonment for a term not exceeding six months.
Nothing in this section shall affect the liability of a person to be indicted under section 9 of this Act, but upon the trial of a person under that section it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under this section, to find him guilty of that offence.
Premises shall be treated for the purposes of sections 11(5) and 12 of this Act as a brothel if people resort to them for the purposes of homosexual acts in circumstances in which resort to them for heterosexual practices would have led to the premises being treated as a brothel for the purposes of those sections.
For the purposes of this section, a homosexual act is an act of engaging in sexual activity by one male person with another male person; and an activity is sexual in any case if a reasonable person would, in all the circumstances of the case, consider it to be sexual.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
otherwise than in private;
without the consent of both parties to the act; or
with a person under the age of eighteen years.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person who knowingly lives wholly or in part on the earnings of another from male prostitution . . . shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the offences mentioned in subsections (5) and (6) above; and
any offence under subsection (9) above which consists of soliciting or importuning any male person for the purpose of procuring the commission of a homosexual act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
are not satisfied that the accused is guilty of the charge or of an attempt to commit the charge; but
are satisfied that the accused is guilty of an offence under section 5(2) or (3) or 7(2) or (3) of this Act, or of an indecent assault,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If it appears to a justice on information on oath by any parent, relative or guardian of any woman or girl, or any other person who, in the opinion of the justice, is bona fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of the justice, he may issue a warrant authorising any person named therein to search for, and, when found, to take to and detain in a place of safety, such woman or girl until she can be brought before a justice, and the justice before whom such woman or girl is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.
The justice issuing such warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a justice, and proceedings to be taken for punishing such person according to law.
A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of having unlawful sexual intercourse with men or with a particular man, and she—
is under the age of 16 years; or
if of or over the age of 16 years and under the age of 18 years, is so detained against her will, or against the will of her father or mother or of any other person having the lawful care or charge of her; or
if of or over the age of 18 years, is so detained against her will.
Any person authorised by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be by force) any house, building, or other place specified in the warrant, and may remove the woman or girl therefrom.
Every warrant issued under this section shall be addressed to and executed by a constable, who shall be accompanied by the parent, relative, or guardian or other person giving the information, if that person so desires, unless the justice directs otherwise.
In this section, “justice” has the same meaning as in section 307 of the Criminal Procedure (Scotland) Act 1995.
This Part of this Act shall not exempt any person from any proceedings for an offence which is punishable at common law, or under any enactment other than this Part, but nothing in this Part of this Act shall enable a person to be punished twice for the same offence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (2) below, the Secretary of State may for the purposes of this Part of this Act by order designate—
a sports ground or a class of sports ground;
a sporting event, or a class of sporting event, at that ground or at any of that class of ground;
a sporting event, or a class of sporting event, taking place outside Great Britain.
An order under this section shall not apply to a sporting event at which all the participants take part without financial or material reward and to which all spectators are admitted free of charge; but this subsection is without prejudice to the order’s validity as respects any other sporting event.
The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where a public service vehicle or railway 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 subsection (7) below, 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.
. . . Subject to subsection (7) below, if the operator of a public service vehicle which is being operated as mentioned in subsection (1) above, 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.
This subsection applies to a motor vehicle which is not a public service vehicle but which 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 subsection (3) above 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 subsection (3) above 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 subsection (3) above applies and— shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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,
Where a person is charged with an offence under subsection (1)(b), (2) or (6) above, 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.
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,
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 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,
In this section—
“authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947;
“period of a designated sporting event” means the period commencing two hours before the start and ending one hour after the end of a designated sporting event, except that where the event is advertised as to start at a particular time but is delayed or postponed in includes, and where for any reason an event does not take place it means, the period commencing two hours before and ending one hour after, that particular time;
“domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).
intended, by the person having the article, for use for causing injury to a person by— the person having it, or some other person,
“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981 and “operator” in relation to such a vehicle means—
the driver if he owns the vehicle; and
For the purpose of enforcing the provisions of this Part of this Act, a constable shall have the power without warrant—
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 19 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 20(8) of this Act; or
with its contents, any other container if he has reasonable grounds to suspect that those contents are or include alcohol ; or
a controlled article or substance as defined in section 20(8) of this Act.
Section 140 of the Licensing (Scotland) Act 2005 (asp 16) (presumption as to liquid contents of containers) 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.
In this Part of this Act, unless the context otherwise requires—
“sports ground” means any place whatsoever which is designed, or is capable of being adapted, for the holding of sporting events in respect of which spectators are accommodated.
“alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16);
“office of Revenue and Customs” means premises wholly or partly occupied by Her Majesty's Revenue and Customs; and
“controlled drug” has the meaning assigned by section 2 of the Misuse of Drugs Act 1971
attempting to commit, conspiracy to commit or incitement to commit, any such offence; or
from which a designated sporting event may be viewed directly;
“evidence”, in relation to a relevant request, includes documents and other articles; and
...
section 68(2) (exportation etc. of prohibited goods);
...
“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 18 of this Act, and “designated sporting event” includes a sporting event designated under section 9(3)(a) of the Sporting Events (Control of Alcohol) Etc. Act 1985;
school premises (within the meaning of section 49A(6)),
section 170(1) (possession or dealing with prohibited goods);
section 50(2) or (3) (importation etc. of prohibited goods);
This Table shows the derivation of the provisions of the Bill.
The following abbreviations are used in the Table:— 1933 = False Oaths (Scotland) Act 1933 (c. 20) 1976 = Sexual Offences (Scotland) Act 1976 (c. 67) 1980 = Criminal Justice (Scotland) Act 1980 (c. 62) 1987 = Criminal Justice (Scotland) Act 1987 (c. 41) 1988 = Criminal Justice Act 1988 (c. 33) 1993 = Criminal Justice Act 1993 (c. 36) 1994 = Drug Trafficking Act 1994 (c. 37) 1995 = Criminal Justice (Scotland) Act 1995 (1995 c. 20) 1995CP = Criminal Justice (Consequential Provisions) (Scotland) Act (1995 c. 40) 1995CLC = Criminal Law (Consolidation) (Scotland) Act 1995 (1995 c. 39) Provision Derivation 1 1976 s.2A; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 2 1976 s.2B; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 3 1976 s.2C; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 4 1976 s.2D; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1; 1987 Sch.2 5(1), (2) 1976 s.3 (3) — (7) 1976 s.4; Incest and Related Offences (Scotland) Act 1986 (c. 36) Sch.1 §.4; Criminal Justice (Scotland) Act 1995 (c. 20) Sch.6 §. 6 1976 s.5 7(1) 1976 s.1 (2), (3) 1976 s.2 (4) 1976 s.17 8(1), (2) 1976 s.8 (3) — (5) 1976 s.9 9 1976 s.10 10 1976 s.11 11(1) — (4) 1976 s.12 (5), (6) 1976 s.13(1) 12 1976 s.14; Criminal Procedure (Scotland) Act 1975 (c. 21) Sch.7A; Criminal Law Act 1977 (c. 45) Sch.11 13 1980 s.80; Mental Health (Scotland) Act 1984 (c. 36) Sch.5; Criminal Justice and Public Order Act 1994 (c. 33) ss.145(2), 146(2) 14 1976 s.15 15 1976 s.6 16 1976 s.18 17 1976 s.19 18 1980 s.68; Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) s.10 19(1) 1980 s.69 (2) 1980 s.70 (3) — (6) 1980 s.70A; Public Order Act 1986 (c. 64) Sch.1 §.10 (7) 1980 s.71; Public Order Act 1986 (c. 64) Sch.1 §.11 20(1) 1980 s.72(1) (2) 1980 s.73 (3) — (6) 1980 s.72A(1) — (4); Public Order Act 1986 (c. 64) Sch.1 §.14 (7) 1980 s.74 (8) 1980 ss.72(2), (3), 72A(5); Public Order Act 1986 (c. 64) Sch.1 §.14 21 1980 s.75; Public Order Act 1986 (c. 64) Sch.1 §.12 22 1980 s.76; Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Sch.8 §.30 23 1980 s.77; Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) s.10; Public Order Act 1986 (c. 64) Sch.1 §.13 24 1987 s.48; Criminal Justice and Public Order Act 1994 (c. 33) s.129(4), (5) 25 1987 s.49; Criminal Justice and Public Order Act 1994 (c. 33) s.129(6); Children (Scotland) Act 1995 (c. 36) Sch.3 §.[39] 26 1987 s.50 27 1987 s.51; Criminal Justice and Public Order Act 1994 (c. 33) s.164(3) 28 1987 s.52; 1988 Sch.15 §.117; Criminal Justice and Public Order Act 1994 (c. 33) s.164(4) 29 1987 s.53 30 1987 s.54; 1988 Sch.15 §.111; S.I. 1989/2405 Sch.9 Pt.II §.58 31 1987 s.38; 1988 Sch.5 §.23 32 1987 s.39 33 1987 s.40 34 1987 s.40A; 1993 s.20(2) 35 1987 s.41 36 1987 s.42; 1993 s.26(2) 37 1987 s.42A; 1993 s.17(1) 38 1987 s.43; 1993 s.19(2), (3) 39 1987 s.43A; 1993 s.19(1) 40 1987 s.43B; 1993 s.19(1) 41 1987 s.44 42 1987 s.46A; 1993 Sch.4 §.2 43 1987 s.47(1)(part) — (4) 44(1) 1933 s.1; Criminal procedure (Scotland) Act 1975 s.221(1) (2) 1933 s.2; Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 35) Sch.1 (3) 1933 s.3 (4) Criminal Justice (Scotland) Act 1949 (c. 94) s.42(1) 45(1), (2) 1933 s.4 (3) — (5) 1933 s.6 46(1) 1933 s.7(1) (2) 1933 s.5 (3) Criminal Justice (Scotland) Act 1949 (c. 94) s.42(2) (4) 1933 s.7(2) 47 Prevention of Crime Act 1953 (c. 14) s.1; Criminal Procedure (Scotland) Act 1975 (c. 21) ss. 193A, 298B; Roads (Scotland) Act 1984 (c. 54) Sch.9 §.42; Criminal Justice Act 1988 (c. 33) Sch.8 §.16 48 1980 s.4 49 Carrying of Knives (Scotland) Act 1993 (c. 13) s.1; Council Directive 80/181 (Approximation of Laws Relating to Units of Measurement) 50 Carrying of Knives (Scotland) Act 1993 (c. 13) s.2 51 Criminal Procedure (Scotland) Act 1975 (c. 21) s.59 52 1980 s.78 53(1), (2) Drafting (3), (4) 1987 s.72(1), (4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where an officer has reasonable grounds for suspecting that a person has committed or is committing an offence punishable by imprisonment relating to an assigned matter, the officer 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 customs office or other premises and may thereafter for that purpose take him to any other place and, subject to the following provisions of this section, the detention may continue at the customs office or, as the case may be, the other premises or place.
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, he shall be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.
when the person is arrested;
when he is detained in pursuance of any other enactment or subordinate instrument; or
where there are no longer such grounds as are mentioned in the said subsection (1),
Where a person has been detained 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.
Where a person has previously been detained in pursuance of any other enactment or subordinate instrument, he may not be detained under subsection (1) above on the same grounds or on grounds arising from the same circumstances as those which led to his earlier detention.
At the time when an officer 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 customs office or other premises to which the person is taken;
any other place to which the person is, during the detention, thereafter 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 customs office or other premises;
the time when the person is informed of his rights in terms of subsection (8) below and of section 25(1) of this Act and the identity of the officer so informing him;
where the person requests such intimation to be sent as is specified in the said section 25(1), the time when such request is—
made;
complied with; and
the time of the person’s release from detention or, where instead of being released he is—
further detained under section 26 of this Act, the time of commencement of the further detention; or
arrested in respect of the alleged offence, the time of such arrest.
Where a person is detained under subsection (1) above, an officer may—
without prejudice to any existing rule of law as regards the admissibility in evidence of an answer given, put questions to him in relation to the suspected offence;
exercise the same powers of search as are available following an arrest.
An officer may use reasonable force in exercising any power conferred by subsection (1) or (6)(b) 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 an officer shall so inform him both on so detaining him and on arrival at the customs office or other premises.
In this section and in sections 25 and 26 of this Act “assigned matter” and “officer” have the meanings given to them by section 1 of the Customs and Excise Management Act 1979, and “customs office” means a place for the time being occupied by Her Majesty’s Customs and Excise.
This Part of this Act applies to the investigation of Revenue and Customs offences.
... in this Part of this Act, a “Revenue and Customs offence” is an offence which relates to a matter in relation to which Her Majesty's Revenue and Customs have functions ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to section 17 the Criminal Procedure (Scotland) Act 1995 (intimation to solicitor following arrest), a person who, not being a person in respect of whose detention subsection (2) below applies, is being detained under section 24 of this Act and has been taken to a customs office or other premises or place shall be entitled to have intimation of his detention and of the customs office or other premises or place sent to a solicitor and to one other person reasonably named by him without delay or, where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, with no more delay than is so necessary; and the person shall be informed of such entitlement—
on arrival at the customs office or other premises; or
where he is not detained until after such arrival, on such detention.
Without prejudice to the said section 17, an officer shall, where a person who is being detained as is mentioned in subsection (1) above appears to him to be a child, send without delay such intimation as is mentioned in that subsection 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 involved in the alleged offence in respect of which the person has been detained, may; and
in any other case shall,
The nature and extent of any access permitted under subsection (2), above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.
In subsection (2) above—
“child” means a person under 16 years of age; and
“parent” includes a guardian and any person who has the care of a child.
The sheriff may, if satisfied on information on oath given by an authorised officer as to the matters mentioned in subsection (2) below, make an order under subsection (3) below (in this Part, a “production order”).
Those matters are—
that there are reasonable grounds to suspect that a Revenue and Customs offence has been or is being committed; and
that a person (in this Part, a “haver”) specified by the officer has possession or control of a document which may be required as evidence for the purposes of any proceedings in respect of such an offence.
A production order is an order requiring the haver, before the expiry of the period specified in the order—
to deliver the document to an officer; or
to—
give an officer access to the document; and
permit the officer to make copies of or remove the document.
The period specified in a production order is—
the period of 10 working days beginning with the day on which the order is made; or
such other period as the sheriff considers appropriate.
A sheriff may make a production order in relation to a haver residing or having a place of business in an area of Scotland notwithstanding that it is outside the area of that sheriff and any such order shall, without being backed or endorsed by another sheriff, have effect throughout Scotland.
Subject to section 23J of this Act, a production order has effect in spite of any restriction on disclosure of information (however imposed).
Without prejudice to section 23D(1) of this Act, failure by a person to comply with a production order may be dealt with as a contempt of court.
In subsection (4)(a) above, “working day” means any day other than—
a Saturday;
a Sunday; or
any day which is a public holiday in the area in which the production order is to have effect.
The sheriff may deal with an application for a production order ex parte in chambers.
The sheriff may, on the application of a person mentioned in subsection (3) below— a production order.
vary; or
discharge,
The persons referred to in subsection (2) above are—
the authorised officer who applied for the production order;
a person affected by the order.
Without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, rules of court made by Act of Adjournal may make provision in relation to—
proceedings relating to the making of production orders; and
the variation or discharge of such orders.
A person who intentionally— a document to which this section applies, or who causes or permits any of those acts, commits an offence.
falsifies;
conceals;
destroys or otherwise disposes of,
This section applies to a document which the person is required, under a production order, to—
deliver to an officer; or
give an officer access to.
A person does not commit an offence if the person acts—
with the written permission of— after the document has been delivered or the officer has had access to it;
an officer; or
the sheriff who made the order,
subject to subsection (4) below, after the expiry of the period of 2 years beginning with the day on which the order is made.
Subsection (3)(b) above does not apply where, before the expiry of the period referred to in that paragraph, an officer gives notice in writing to the person that the order has not been complied with to that officer's satisfaction.
A person who commits an offence under subsection (1) above is liable—
on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a period not exceeding 2 years or to a fine or both.
Where an officer has reasonable grounds for suspecting— a superior officer may, notwithstanding that the person has been or is being detained in pursuance of any other enactment or subordinate instrument, authorise the detention of the person at a an office of Revenue and Customs or other premises in accordance with this section.
that a person has committed or is committing a relevant offence; and
that, in connection with the commission of such an offence, a controlled drug is secreted in the person’s body,
Subject to subsection (7) below, where a person is detained under subsection (1) above or is further detained in pursuance of a warrant under subsection (4) below he shall— as the officer may reasonably require; and regulations under paragraph (c) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
provide such specimens of blood or urine for analysis;
submit to such intimate searches, to be carried out by a registered medical practitioner;
submit to such other test or examinations prescribed by the Secretary of State by regulations made under this paragraph to be carried out by, or under the supervision of, a registered medical practitioner,
Subject to subsection (4) below, detention under subsection (1) above shall be terminated not more than 24 hours after it begins, or (if earlier)— and, when a person has been detained under subsection (1), he shall, unless further detained in pursuance of a warrant under subsection (4) below, be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.
when the person is arrested;
when he is detained in pursuance of any other enactment or subordinate instrument; or
where there are no longer such grounds as are mentioned in subsection (1),
Where a person is detained under subsection (1) above and either—
he has failed or refused—
to provide a specimen in pursuance of paragraph (a) of subsection (2) above; or
to submit to any search, test or examination referred to in paragraph (b) or (c) of that subsection; or
as a result of anything done in pursuance of the said subsection (2) the officer continues to have reasonable grounds for suspecting— the procurator fiscal may, at the request of a superior officer, apply to the sheriff for a warrant for the further detention of the person at a an office of Revenue and Customs or other premises for an additional period of not more than 7 days; and if the sheriff is satisfied that there has been such failure or refusal as is mentioned in paragraph (a) above or, as the case may be, that there are reasonable grounds as mentioned in paragraph (b) above he may grant a warrant for such further detention.
that the person has committed or is committing a relevant offence; and
that a controlled drug is secreted in the person’s body,
Detention in pursuance of a warrant under subsection (4) above shall be terminated at the end of the period of 7 days mentioned in that subsection or (if earlier)— and when a person has been detained in pursuance of a warrant under subsection (4), he shall be informed immediately on the termination of his detention in accordance with this subsection that his detention has been terminated.
when the person is arrested;
when he is detained in pursuance of any other enactment or subordinate instrument; or
where there are no longer such grounds as are mentioned in paragraph (b) of that subsection,
Subject to subsection (7) below, the question whether it is to be a specimen of blood or a specimen of urine which is to be provided in pursuance of subsection (2) above shall be decided by the officer making the requirement.
A person may be required, in pursuance of subsection (2) above— only if a registered medical practitioner is of the opinion that there are no medical reasons for not making such a requirement; and, if a requirement to provide a specimen of blood is made, the specimen may be taken only by a registered medical practitioner.
to provide a specimen of blood; or
to submit to any search, test or examination,
Subsections (3), (5), (6) and (8) of section 24 of this Act shall apply in respect of a person detained under this section as they apply in respect of a person detained under the said section 24; and, except as regards a requirement under subsection (2) above, an officer may use reasonable force in exercising any power conferred by this section.
An officer may use reasonable force in exercising any power conferred by this section, except as regards a requirement under subsection (2).
Section 25 of this Act shall, subject to the following modifications, apply in respect of a person detained under this section as it applies to a person detained under section 24 of this Act— but any delay authorised by virtue of this subsection shall be for no longer than is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders.
any delay in informing a solicitor and one other person of such detention as is mentioned in subsection (1) of the said section 25 shall not extend longer than the period of 24 hours from the start of the detention, and shall only be permitted on the authorisation of a superior officer;
the person detained shall be entitled to consult a solicitor at any time without delay, and he shall be informed of such entitlement at the commencement of the detention, but, if a superior officer considers it necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, he may authorise a delay not extending longer than the period of 24 hours from the start of the detention; and
paragraph (a) of subsection (2) of the said section 25 shall cease to apply at the end of the period of 24 hours from the start of the detention,
Sections 3 and 6(1), (2) and (8) of the Criminal Justice (Scotland) Act 2016 (giving and recording of information) apply in relation to a person detained by an officer under this section in connection with the commission of a relevant offence as they apply in relation to a person arrested by the officer in respect of that offence.
Without prejudice to section 20(2) of the Interpretation Act 1978, the references in section 24(5) of this Act to section 25(1) of this Act shall be construed as including references to subsection (9) above; and the requirement to record certain matters under the said section 24(5) shall include a requirement to record the time when a person detained makes a request to consult a solicitor and the time when the solicitor is contacted for the purpose of arranging a consultation.
Sections 31 to 34 and 38 to 44 of that Act (questioning, and intimation and access to others) apply in relation to a person detained under this section in connection with the commission of a relevant offence as they apply in relation to a person in custody following arrest by an officer in respect of that offence.
In this section—
A person may not be detained under this section on any grounds if the person has been detained under this section before on the same grounds or on grounds arising out of the same circumstances.
The sheriff may, if satisfied on information on oath given by an authorised officer as to the matters mentioned in subsection (2) below, grant a warrant under subsection (3) below (in this Part, a “Revenue and Customs warrant”).
Those matters are—
that there are reasonable grounds to suspect that a Revenue and Customs offence has been or is being committed; and
that evidence of that offence is to be found in or on premises specified in the information.
A Revenue and Customs warrant is a warrant authorising an officer to— before the expiry of the period of one month beginning with the day on which the warrant is granted.
enter, if necessary by force, the premises specified in the information; and
search those premises,
The sheriff may, when granting a warrant, impose such conditions as the sheriff considers appropriate.
An officer who enters premises under the authority of a Revenue and Customs warrant may—
subject to any condition imposed under subsection (4) above, take with the officer such other persons (including persons who are not officers) as appear to that officer to be necessary;
subject to subsection (6) below, seize and remove any document or other thing found in or on the premises which the officer has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of the offence mentioned in subsection (2)(a) above; and
subject to subsections (6) and (7) below—
search or cause to be searched any person found in or on the premises whom the officer has reasonable cause to believe may be in possession of any such document or thing; and
seize and remove any such document or thing found.
An officer acting under the authority of a Revenue and Customs warrant may, if the officer considers it appropriate, makes copies of any document or thing found in or on the premises or on any person searched under subsection (5)(c) above.
No person may be searched under subsection (5)(c) above except by a person of the same sex.
A sheriff may grant a Revenue and Customs warrant in relation to premises situated in an area of Scotland notwithstanding that it is outside the area of that sheriff and any such warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it may be executed within the sheriffdom of the sheriff who granted it.
In this section and in sections 23F to 23H of this Act, “premises” includes any place and, in particular—
any vehicle, vessel, aircraft or hovercraft;
any offshore installation (within the meaning of section 12(1) of the Mineral Workings (Offshore Installations) Act 1971); and
any tent or other movable structure.
This section applies where—
a document is removed under a production order;
a document or other thing is removed under a Revenue and Customs warrant.
An officer who removes any document or thing shall, if requested to do so by a person mentioned in subsection (3) below, provide that person with a record of what that officer removed.
The persons referred to in subsection (2) above are—
in the case of a document removed under a production order, a haver;
in the case of a document or thing removed under a Revenue and Customs warrant—
a person who is the occupier of any premises from which the document or thing was removed; or
a person who had possession or control of the document or thing before it was removed.
The officer must provide the record within a reasonable time of the request for it.
This section applies where—
a document is removed under a production order;
a document or other thing is removed under a Revenue and Customs warrant.
A person mentioned in subsection (3) below may apply to the officer in overall charge of the investigation to which the order or warrant relates—
for access to the document or thing; or
for a copy or photograph of it.
The persons referred to in subsection (2) above are—
in the case of a document removed under a production order—
a haver; or
a person acting on behalf of the haver;
in the case of a document or thing removed under a Revenue and Customs warrant, a person who had possession or control of the document or thing before it was removed.
Unless subsection (5) below applies, the officer in overall charge of the investigation shall—
in a case to which subsection (2)(a) above applies, allow the applicant supervised access to the document or thing; or
in a case to which subsection (2)(b) above applies—
allow the applicant supervised access to the document or thing for the purposes of photographing or copying it; or
photograph or copy the document or thing (or cause it to be so photographed or copied) and provide the applicant with such a photograph or copy within a reasonable time.
The officer in overall charge need not comply with subsection (4) above where that officer has reasonable grounds for believing that to do so would prejudice—
the investigation;
the investigation of a Revenue and Customs offence other than the offence for the purposes of the investigation of which the document or thing was removed; or
any criminal proceedings which may be brought as a result of any investigation mentioned in paragraph (a) or (b) above.
In subsection (4) above, “supervised access” means access under the supervision of an officer approved by the officer in overall charge of the investigation.
This section applies where—
a document is removed under a production order;
a document or other thing is removed under a Revenue and Customs warrant.
Subject to subsection (3) below, a person who claims that— may apply to the sheriff for an order under subsection (4) below.
an officer has failed to comply with the requirements of section 23F(2) or (3) of this Act; or
an officer in overall charge of an investigation has failed to comply with the requirements of section 23G(4) of this Act,
An application under subsection (2) above—
relating to a failure mentioned in subsection (2)(a) above, may be made only by a person who is entitled to make a request under section 23F(2) of this Act;
relating to a failure mentioned in subsection (2)(b) above, may be made only by—
a haver;
a person acting on behalf of a haver but only where that person applied under section 23G(2) of this Act;
a person who had possession or control of the document or thing before it was removed under a Revenue and Customs warrant.
The sheriff may, if satisfied that— order the officer or, as the case may be, the officer in overall charge of the investigation to comply with the requirements within such time and in such manner as the sheriff specifies in the order.
the officer has failed to comply with the requirements of section 23F(2) or (3) of this Act; or
the officer in overall charge of the investigation has failed to comply with the requirements of section 23G(4) of this Act,
Neither a production order nor a Revenue and Customs warrant authorises the seizure, removal or copying of any documents or other things subject to legal privilege.
Subsection (1) above does not apply where the document or thing is held for the purposes of furthering a criminal purpose.
In this section— “documents or other things subject to legal privilege” means— communications between a professional legal adviser and the adviser's client; or communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings, which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to confidentiality of communications.
In sections 23B to 23J of this Act, references to a “document” include—
any thing in which information of any description is recorded; and
any part of such a thing.
Where a production order or a Revenue and Customs warrant applies to a document in electronic or magnetic form, the order or, as the case may be, the warrant requires the person having possession or control of the document to deliver or, as the case may be, give access to the information in a form which is visible and legible and, if the officer executing the order or warrant wishes to remove it, in a form which can be removed.
Section 4 of the Summary Jurisdiction Act 1881 (execution of process of Scottish courts in England and Wales) shall apply to— as it applies to a process mentioned in that section.
a production order; and
a Revenue and Customs warrant,
Section 29 of the Petty Sessions (Ireland) Act 1851 (execution of warrants in Northern Ireland) shall apply to— as it applies to a warrant mentioned in that section.
a production order; and
a Revenue and Customs warrant,
Where an authorised officer has reasonable grounds for suspecting that a person has committed or is committing, at any place, a Revenue and Customs offence, the officer may require—
that person, if found by the officer at that place or at any place where the officer is entitled to be, to give—
the information mentioned in subsection (2) below; and
an explanation of the circumstances which have given rise to the officer's suspicion;
any other person whom the officer finds at that place or at any place where the officer is entitled to be and who the officer believes has information relating to the offence, to give the information mentioned in subsection (2) below.
That information is—
the person's name;
the person's address;
the person's date of birth;
the person's place of birth (in such detail as the officer considers necessary or expedient for the purpose of establishing that person's identity); and
the person's nationality.
The officer may require the person mentioned in paragraph (a) of subsection (1) above to remain with the officer while the officer (any or all)—
subject to subsection (4) below, verifies any information mentioned in subsection (2) above given by the person;
subject to section (5) below, establishes whether the person may be a person suspected of having committed a Revenue and Customs offence other than the offence in relation to which the officer made the requirement of that person under paragraph (a) of subsection (1) above;
notes any explanation proffered by the person.
The officer shall exercise the power under paragraph (a) of subsection (3) above only where it appears to the officer that such verification can be obtained quickly.
The officer shall exercise the power under paragraph (b) of subsection (3) above only where—
the person mentioned in paragraph (a) of subsection (1) above has given a name and address; and
it appears to the officer that establishing the matter mentioned in paragraph (b) of subsection (3) above can be achieved quickly.
The officer may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with that officer.
The officer shall inform a person, when making a requirement of that person under—
paragraph (a) of subsection (1) above, of the officer's suspicion and of the general nature of the offence which the officer suspects that the person has committed or is committing;
paragraph (b) of subsection (1) above, of the officer's suspicion, of the general nature of the offence which the officer suspects has been or is being committed and that the reason for the requirement is that the officer believes the person has information relating to the offence;
subsection (3) above, why the person is being required to remain with the officer;
any of the said subsections, that failure to comply with the requirement may constitute an offence.
An authorised officer may, if the person mentioned in section 23M(1)(a) of this Act gives a name and address, require that person to provide—
that person's fingerprints; or
a record, created by an approved device, of the skin on that person's fingers.
Such fingerprints or record may be used only for the purposes of— and all record of such fingerprints or record shall be destroyed as soon as possible after they have fulfilled those purposes.
verifying the name and address given by the person;
establishing whether the person may be a person who is suspected of having committed any other Revenue and Customs offence,
The officer shall inform a person, when making a requirement of that person under subsection (1) above—
of the existence of the power to make the requirement and why the officer proposes to exercise it in the person's case; and
that failure to comply with the requirement may constitute an offence.
In subsection (1)(b) above, an “approved device” is any device approved by the Scottish Ministers under section 13(8) of the Criminal Procedure (Scotland) Act 1995.
A person mentioned in paragraph (a) of subsection (1) of section 23M of this Act 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 level 3 on the standard scale.
under that subsection to give the information mentioned in subsection (2) of that section;
under subsection (3) of that section to remain with an officer; or
under subsection (1) of section 23N of this Act to provide that person's fingerprints or a record such as is mentioned in paragraph (b) of that subsection,
A person mentioned in paragraph (b) of subsection (1) of section 23M of this Act who, having been required under that subsection to give the information mentioned in subsection (2) of that section, fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
had authority to exercise a power or function conferred by a provision of this Part shall be conclusive proof of that fact.
In this Part of this Act—
In any proceedings (whether civil or criminal) under or arising from this Part of this Act—
a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the application of this Part of this Act to investigations conducted by designated customs officials—
references to an officer are to a designated customs official;
references to an authorised officer are to a designated customs official acting with the authority (which may be general or specific) of—
the Secretary of State in relation to investigations relating to general customs matters, or
the Director of Border Revenue in relation to investigations relating to customs revenue matters;
references to the Commissioners for Her Majesty's Revenue and Customs are to—
the Secretary of State in relation to investigations relating to general customs matters, or
the Director of Border Revenue in relation to investigations relating to customs revenue matters;
references to an office of Revenue and Customs are to premises wholly or partly occupied by designated customs officials;
references to a superior officer are to—
an immigration officer not below the grade of Inspector,
a person of the grade of Senior Executive Officer, or
a person of a grade equivalent to that within sub-paragraph (i) or (ii).
In this section “customs revenue matter”, “designated customs official” and “general customs matter” have the meanings given by Part 1 of the Borders, Citizenship and Immigration Act 2009.
Where it appears to the Lord Advocate— he may give a direction under this section.
that a suspected offence may involve serious or complex fraud; and
that, for the purpose of investigating the affairs or any aspect of the affairs of any person, there is good reason to do so,
The Lord Advocate may also give a direction under this section by virtue of section 15(4) of the Crime (International Co-operation) Act 2003 or on a request made by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this Part of this Act.
Where a direction is given under this section, this Part of this Act shall apply as regards the investigation of the offence; and any person (other than a constable) nominated by the Lord Advocate either generally or in respect of a particular case (in this Part of this Act referred to as “a nominated officer”) shall be entitled to exercise the powers and functions conferred by this Part of this Act.
A direction under this section shall be signed by the Lord Advocate.
A nominated officer may by notice in writing require the person whose affairs are to be investigated (“the person under investigation”) or any other person who he has reason to believe has relevant information to answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.
A nominated officer may by notice in writing require the person under investigation or any other person to produce at such place as may be specified in the notice and either forthwith or at such time as may be so specified any specified documents which appear to a nominated officer to relate to any matter relevant to the investigation or any documents of a specified description which appear to him so to relate; and—
if any such documents are produced, a nominated officer may—
take copies or extracts from them;
require the person producing them to provide an explanation of any of them;
if any such documents are not produced, a nominated officer may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
Where, on a petition presented by the procurator fiscal, the sheriff is satisfied, in relation to any documents, that there are reasonable grounds for believing— he may issue such a warrant as is mentioned in subsection (4) below.
that—
a person has failed to comply with an obligation under this section to produce them;
it is not practicable to serve a notice under subsection (2) above in relation to them; or
the service of such a notice in relation to them might seriously prejudice the investigation; and
that they are on premises specified in the petition,
The warrant referred to in subsection (3) above is a warrant authorising a constable together with any other persons named in the warrant—
to enter (using such force as is reasonably necessary for the purpose) and search the premises; and
to take possession of any documents appearing to be documents of the description specified in the petition or to take in relation to any documents so appearing any other steps which may appear to be necessary for preserving them and preventing interference with them.
A statement by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him—
in a prosecution for an offence under section 44(2) of this Act; or
in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.
A person shall not under this section be required to disclose any information or produce any document which is an item subject to legal privilege within the meaning of section 33 of this Act; except that a lawyer may be required to furnish the name and address of his client.
However, the statement may not be used against that person by virtue of paragraph (b) of subsection (5) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.
No person shall be bound to comply with any requirement imposed by a person exercising power by virtue of a nomination under section 27(3) of this Act unless he has, if required to do so, produced evidence of his authority.
Any evidence obtained by virtue of section 27(2) of this Act shall be given to the overseas authority which requested it or to the Lord Advocate for forwarding to that authority
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where any evidence obtained by virtue of section 4(2B) of the said Act of 1990 consists of a document, the original or a copy shall be forwarded and where it consists of any other article, the article itself or a description, photograph or other representation of it shall be forwarded, as may be necessary in order to comply with the relevant request.
In this section—
“premises” has the same meaning as in section 33 of this Act.
“drug trafficking” has the same meaning as in the said Act of 1995.
This section and sections 27 and 29 of this Act shall apply to England and Wales and Northern Ireland; and for the purposes of such application any reference—
to the sheriff shall be construed as a reference to a justice of the peace; and
to a petition presented by the procurator fiscal shall be construed—
in England and Wales as a reference to an information laid by a nominated officer;
in Northern Ireland as a reference to a complaint laid by a nominated officer.
Where any person— he shall be guilty of an offence.
knows or suspects that an investigation under section 28 of this Act is being carried out or is likely to be carried out; and
falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of documents which he knows or suspects or has reasonable grounds to suspect are or would be relevant to such an investigation,
In proceedings against a person for an offence under subsection (1) above, it shall be a defence to prove—
that he did not know or suspect that by acting as he did he was likely to prejudice the investigation; or
that he had lawful authority or reasonable excuse for acting as he did.
A person guilty of an offence under subsection (1) above shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; and
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
Any person who fails to comply with a requirement imposed on him under the said section 28 shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
In proceedings against a person for an offence under subsection (4) above, it shall be a defence to prove that he had a reasonable excuse for acting as he did.
Where any information to which section 18 of the Commissioners for Revenue and Customs Act 2005 would apply but for section 18(2) has been disclosed by Her Majesty’s Revenue and Customs for the purposes of any prosecution of an offence relating to a former Inland Revenue matter, that information may be disclosed by the Lord Advocate for the purposes of any prosecution of an offence— but not otherwise.
in respect of which a direction has been given under section 27(1)(a) of this Act; or
relating to inland revenue,
Where any information is subject to an obligation of secrecy imposed by or under any enactment and is not information to which section 18 of the Commissioners for Revenue and Customs Act 2005 would apply but for section 18(2), the obligation shall not have effect to prohibit the disclosure of that information to a nominated officer but any information disclosed by virtue of this subsection may only be disclosed by the Lord Advocate for the purpose of a prosecution in Scotland or elsewhere.
Without prejudice to his power to enter into an agreement apart from this subsection, the Lord Advocate may enter into an agreement for the supply of information to or by him subject, in either case, to an obligation not to disclose the information concerned otherwise than for a specified purpose.
Subject to subsections (1) and (2) above and to any provision of an agreement for the supply of information which restricts the disclosure of the information supplied, information obtained by a nominated officer may be disclosed—
to any government department, or any Northern Ireland Department, or other authority or body discharging its functions on behalf of the Crown (including the Crown in right of Her Majesty’s Government in Northern Ireland);
to any competent authority;
for the purposes of any prosecution in Scotland or elsewhere; and
for the purposes of assisting any public or other authority for the time being designated for the purpose of this paragraph by an order made by the Secretary of State to discharge any functions which are specified in the order.
The following are competent authorities for the purposes of subsection (4) above—
an inspector appointed under Part XIV of the Companies Act 1985 . . . ;
the Accountant in Bankruptcy;
an Official Receiver;
the Official Receiver for Northern Ireland;
a person appointed under— to conduct an investigation;
section 167 of the Financial Services and Markets Act 2000 (general investigations),
section 168 of that Act (investigations in particular cases),
section 169(1)(b) of that Act (investigation in support of overseas regulator),
section 284 of that Act (investigations into affairs of certain collective investment schemes), or
regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),
a body corporate established in accordance with section 212(1) of the Financial Services and Markets Act 2000 (compensation scheme manager);
an inspector appointed under section 94 of that Act;
a person exercising powers by virtue of section 106 of that Act;
an inspector appointed under section 177 of that Act or any corresponding enactment having effect in Northern Ireland;
an person appointed by the Bank of England under section 41 of the Banking Act 1987 to carry out an investigation and make a report;
a person exercising powers by virtue of section 44(2) of the Insurance Companies Act 1982;
any body having supervisory, regulatory or disciplinary functions in relation to any profession or any area of commercial activity; and
any person or body having, under the law of any country or territory outside the United Kingdom, functions corresponding to any of the functions of any person or body mentioned in any of the foregoing paragraphs.
An order under subsection (4)(d) above may impose conditions subject to which, and otherwise restrict the circumstances in which, information may be disclosed under that paragraph.
In subsection (1) above “former Inland Revenue matter” means a matter listed in Schedule 1 to the Commissioners for Revenue and Customs Act 2005 except for paragraphs 2, 10, 13, 14, 15, 17, 19, 28, 29 and 30.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The procurator fiscal may, for the purpose of an investigation into drug trafficking, apply to the sheriff for an order under subsection (2) below in relation to particular material or material of a particular description.
If on such an application the sheriff is satisfied that the conditions in subsection (4) below are fulfilled, he may, subject to section 35(11) of this Act, make an order that the person who appears to him to be in possession of the material to which the application relates shall— within such period as the order may specify.
produce it to a constable or person commissioned by the Commissioners of Customs and Excise for him to take away; or
give a constable or person so commissioned access to it,
The period to be specified in an order under subsection (2) above shall be seven days unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances of the application.
The conditions referred to in subsection (2) above are—
that there are reasonable grounds for suspecting that a specified person has carried on, or has derived financial or other rewards from, drug trafficking;
that there are reasonable grounds for suspecting that the material to which the application relates—
is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and
does not consist of or include items subject to legal privilege; and
that there are reasonable grounds for believing that it is in the public interest, having regard— that the material should be produced or that access to it should be given.
to the benefit likely to accrue to the investigation if the material is obtained; and
to the circumstances under which the person in possession of the material holds it,
Where the sheriff makes an order under subsection (2)(b) above in relation to material on any premises he may, on the application of the procurator fiscal, order any person who appears to him to be entitled to grant entry to the premises to allow a constable or person commissioned as aforesaid to enter the premises to obtain access to the material.
Provision may be made by rules of court as to—
the discharge and variation of orders under this section, and
proceedings relating to such orders.
Where the material to which an application under this section relates consists of information contained in a computer—
an order under subsection (2)(a) above shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
an order under subsection (2)(b) above shall have effect as an order to give access to the material in a form in which it is visible and legible.
An order under subsection (2) above—
shall not confer any right to production of, or access to, items subject to legal privilege;
shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and
may be made in relation to material in the possession of an authorised government department.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The procurator fiscal may, for the purpose of an investigation into drug trafficking, apply to the sheriff for a warrant under this section in relation to specified premises.
On such application the sheriff may issue a warrant authorising a constable, or person commissioned by the Commissioners of Customs and Excise, to enter and search the premises if the sheriff is satisfied—
that an order made under section 31 of this Act in relation to material on the premises has not been complied with; or
that the conditions in subsection (3) below are fulfilled; or
that the conditions in subsection (4) below are fulfilled.
The conditions referred to in subsection (2)(b) above are—
that there are reasonable grounds for suspecting that a specified person has carried on, or has derived financial or other rewards from, drug trafficking; and
that the conditions in subsection (4)(b) and (c) of section 31 of this Act are fulfilled in relation to any material on the premises; and
that it would not be appropriate to make an order under that section in relation to the material because—
it is not practicable to communicate with any person entitled to produce the material; or
it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or
the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable or person commissioned as aforesaid could secure immediate access to the material.
The conditions referred to in subsection (2)(c) above are—
that there are reasonable grounds for suspecting that a specified person has carried on, or has derived financial or other rewards from, drug trafficking; and
that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to drug trafficking which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and
that—
it is not practicable to communicate with any person entitled to grant entry to the premises; or
entry to the premises will not be granted unless a warrant is produced; or
the investigation for the purpose of which the application is made might be seriously prejudiced unless a constable or person commissioned as aforesaid arriving at the premises could secure immediate entry to them.
Where a constable or person commissioned as aforesaid has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Summary proceedings for a specified offence may be instituted by order of the Commissioners and shall, if so instituted, be commenced in the name of an officer.
In the case of the death, removal, discharge or absence of the officer in whose name any proceedings for a specified offence were commenced, those proceedings may be continued by another officer.
Where the Commissioners investigate, or propose to investigate, any matter with a view to determining— that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.
whether there are grounds for believing that a specified offence has been committed; or
whether a person should be prosecuted for a specified offence,
Nothing in this section shall be taken—
to prevent any person (including any officer) who has power to arrest, detain or prosecute any person for a specified offence from doing so; or
to prevent a court from proceeding to deal with a person brought before it following his arrest by an officer for a specified offence, even though the proceedings have not been instituted by an order made under subsection (1) above.
In this section—
Regulations under subsection (5) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (4) below, the Court of Session may on an application by the Lord Advocate order any material mentioned in subsection (3) below which is in the possession of an authorised government department to be produced to the Court within such period as the Court may specify.
The power to make an order under subsection (1) above is exercisable if—
the powers conferred on the Court by subsection (1) of section 28 of the Proceeds of Crime (Scotland) Act 1995 are exercisable by virtue of subsection (2) of section 29 of that Act; or
those powers are exercisable by virtue of subsection (3) of the said section 29 and the Court has made a restraint order (within the meaning of section 28 of that Act) which has not been recalled.
The material referred to in subsection (1) above is any material which— and an order under that subsection may require the production of all such material or of a particular description of such material, being material in the possession of the department concerned.
has been submitted to an officer of an authorised government department by a person who holds, or has at any time held, realisable property (within the meaning of section 4 of the said Act of 1995);
has been made by an officer of an authorised government department in relation to such a person; or
is correspondence which passed between an officer of an authorised government department and such a person,
An order under subsection (1) above shall not require the production of any material unless it appears to the Court of Session that the material is likely to contain information that would facilitate the exercise of the powers conferred on the Court by section 28 of the said Act of 1995 or paragraph 1 or 12 of Schedule 1 to that Act or on an administrator appointed under sub-paragraph (1) of the said paragraph 1.
The Court may by order authorise the disclosure to such an administrator of any material produced under subsection (1) above or any part of such material; but the Court shall not make an order under this subsection unless a reasonable opportunity has been given for an officer of the department to make representations to the Court.
Material disclosed in pursuance of an order under subsection (5) above may, subject to any conditions contained in the order, be further disclosed for the purposes of the functions under the said Act of 1995 of the administrator or the High Court.
The Court of Session may by order authorise the disclosure to a person mentioned in subsection (8) below of any material produced under subsection (1) above or any part of such material; but the Court shall not make an order under this subsection unless—
a reasonable opportunity has been given for an officer of the department to make representations to the Court; and
it appears to the Court that the material is likely to be of substantial value in exercising functions relating to drug trafficking.
The persons referred to in subsection (7) above are—
a constable;
the Lord Advocate or any procurator fiscal; and
a person commissioned by the Commissioners of Customs and Excise.
Material disclosed in pursuance of an order under subsection (7) above may, subject to any conditions contained in the order, be further disclosed for the purposes of functions relating to drug trafficking.
Material may be produced or disclosed in pursuance of this section notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise.
An order under subsection (1) above and, in the case of material in the possession of an authorised government department, an order under section 31(2) of this Act may require any officer of the department (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with such order; and any such order shall be served as if the proceedings were civil proceedings against the department.
The person on whom an order under subsection (1) above is served— and it shall also be the duty of any other officer of the department in receipt of the order to take such steps as are mentioned in paragraph (a) above.
shall take all reasonable steps to bring it to the attention of the officer concerned; and
if the order is not brought to that officer’s attention within the period referred to in subsection (1) above, shall report the reasons for the failure to the Court of Session,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person who, knowing or suspecting that an investigation into drug trafficking is taking place, does anything which is likely to prejudice the investigation is guilty of an offence.
In proceedings against a person for an offence under subsection (1) above, it is a defence to prove—
that he did not know or suspect, or have reasonable grounds to suspect, that by acting as he did he was likely to prejudice the investigation; or
that he had lawful authority or reasonable excuse for acting as he did.
Nothing in subsection (1) above makes it an offence for a professional legal adviser to disclose any information or other matter—
to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or
to any person—
in contemplation of, or in connection with, legal proceedings; and
for the purpose of those proceedings.
Subsection (3) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.
A person guilty of an offence under subsection (1) above shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both; and
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person is guilty of an offence if, knowing that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, he acquires or uses that property or has possession of it.
It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.
For the purposes of subsection (2) above—
a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and
a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of his use or possession of the property.
The provision for any person of services or goods which are of assistance to him in drug trafficking shall not be treated as consideration for the purposes of subsection (2) above.
Where a person discloses to a constable or to a person commissioned by the Commissioners of Customs and Excise a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a constable or a person so commissioned any matter on which such a suspicion or belief is based—
the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and
if he does any act in relation to the property in contravention of subsection (1) above, he does not commit an offence under this section if—
the disclosure is made before he does the act concerned and the act is done with the consent of the constable or person so commissioned, or
the disclosure is made after he does the act, but on his initiative and as soon as it is reasonable for him to make it.
For the purposes of this section having possession of any property shall be taken to be doing an act in relation to it.
In proceedings against a person for an offence under this section, it is a defence to prove that—
he intended to disclose to a constable or a person so commissioned such a suspicion, belief or matter as is mentioned in subsection (5) above; but
there is reasonable excuse for his failure to make the disclosure in accordance with paragraph (b) of that subsection.
In the case of a person who was in employment at the relevant time, subsections (5) and (7) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person so commissioned.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine or to both.
No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (3)(b) below, a person shall be guilty of an offence if, knowing or suspecting that another person (in this section referred to as “A”) is a person who carries on, or has carried on, or has derived financial or other rewards from, drug trafficking, he enters into, or is otherwise concerned in, an arrangement whereby—
the retention or control, by or on behalf of A, of A’s proceeds of drug trafficking is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
A’s proceeds of drug trafficking—
are used to secure that funds are placed at A’s disposal; or
are used for A’s benefit to acquire property by way of investment.
In this section, references to proceeds of drug trafficking shall be construed as including any property which, whether in whole or in part, directly or indirectly constitutes such proceeds.
Where a person discloses to a constable or to a person commissioned by the Commissioners of Customs and Excise a suspicion or belief that any funds or investments are derived from or used in connection with drug trafficking or discloses to a constable or a person so commissioned any matter on which such a suspicion or belief is based—
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise on the disclosure of information; and
if the disclosure relates to an arrangement entry into which, or concern in which, by the person would (but for this paragraph) contravene subsection (1) above, he does not commit an offence under that subsection if—
the disclosure is made before, with the consent of the constable or as the case may be of the person so commissioned, he enters into, or becomes concerned in, that arrangement; or
though made after he enters into, or becomes concerned in, that arrangement, it is made on his own initiative and as soon as it is reasonable for him to do so.
In proceedings against a person for an offence under subsection (1) above, it shall be a defence to prove—
that he did not know or suspect that the arrangement related to any person’s proceeds of drug trafficking; or
that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1) above; or
that—
he intended to disclose to a constable or to a person commissioned as aforesaid such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement; but
there is reasonable excuse for his failure to make disclosure in accordance with paragraph (b) of that subsection.
In the case of a person who was in employment at the relevant time, subsections (3) and (4) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable or a person commissioned as aforesaid.
A person guilty of an offence under subsection (1) above shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine or to both; and
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person is guilty of an offence if—
he knows, or suspects, that another person is engaged in drug money laundering;
the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment; and
he does not disclose the information or other matter to a constable or to a person commissioned by the Commissioners of Customs and Excise as soon as is reasonably practicable after it comes to his attention.
Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.
It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
Where a person discloses to a constable or a person so commissioned— the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
his suspicion or belief that another person is engaged in drug money laundering; or
any information or other matter on which that suspicion or belief is based,
Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.
In this section “drug money laundering” means doing any act which constitutes an offence under— or, in the case of an act done otherwise than in Scotland, would constitute such an offence if done in Scotland.
section 37 or 38 of this Act; or
section 14 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking),
For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.
For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—
by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
by, or by a representative of, a person seeking legal advice from the adviser; or
by any person—
in contemplation of, or in connection with, legal proceedings; and
for the purpose of those proceedings.
No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person is guilty of an offence if—
he knows or suspects that a constable or a person commissioned by the Commissioners of Customs and Excise is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into drug money laundering within the meaning of subsections (7) and (8) of section 39 of this Act; and
he discloses to any other person information or any other matter which is likely to prejudice that investigation, or proposed investigation.
A person is guilty of an offence if—
he knows or suspects that a disclosure has been made to a constable, or a person so commissioned, under section 37, 38 or 39 of this Act; and
he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.
A person is guilty of an offence if—
he knows or suspects that a disclosure of a kind mentioned in section 37(8), 38(5) or 39(5) of this Act has been made; and
he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.
Nothing in subsections (1) to (3) above makes it an offence for a professional legal adviser to disclose any information or other matter—
to, or to a representative of, a client of his in connection with the giving by the adviser of legal advice to the client; or
to any person—
in contemplation of, or in connection with, legal proceedings; and
for the purpose of those proceedings.
Subsection (4) above does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.
In proceedings against a person for an offence under subsection (1), (2) or (3) above, it is a defence to prove that he did not know or suspect that the disclosure was likely to be prejudicial in the way mentioned in that subsection.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine, or to both.
No constable, person so commissioned or other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to drug trafficking or the proceeds of such trafficking.
Without prejudice to section 211(7) of the Criminal Procedure (Scotland) Act 1995 (fines) but subject to section 10(3)(a) of the Proceeds of Crime (Scotland) Act 1995, where a person is convicted on indictment of an offence to which this section relates and sentenced in respect of that offence to a period of imprisonment or detention, the Court where—
paragraph (b) below does not apply shall, unless it is satisfied that for any reason it would be inappropriate to do so, also impose a fine;
it makes a confiscation order under section 1(1) of the Proceeds of Crime (Scotland) Act 1995 as regards the person, may also impose a fine.
In determining the amount of a fine imposed under paragraph (a) of subsection (1) above, the Court shall have regard to any profits likely to have been made by the person from the crime in respect of which he has been convicted.
This section relates to an offence which is a drug trafficking offence within the meaning of the said last mentioned Act of 1995.
Where in any proceedings a fine has been imposed by virtue of subsection (1) above as regards a person and a period of imprisonment or detention is imposed on him in default of payment of its amount (or as the case may be of an instalment thereof), that period shall run from the expiry of any other period of imprisonment or detention (not being one of life imprisonment or detention for life) imposed on him in the proceedings.
The reference in subsection (4) above to “any other period of imprisonment or detention imposed” includes (without prejudice to the generality of the expression) a reference to such a period imposed on default of payment of a fine (or instalment thereof) or of a confiscation order (or instalment thereof); but only where that default has occurred before the warrant for imprisonment is issued for the default in relation to the fine imposed by virtue of subsection (1) of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 36 to 40 of this Act shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.
Section 39 of this Act shall not apply to—
any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or
in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.
The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.
The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.
In this section—
The power to make regulations under this section shall be exercisable by statutory instrument.
Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part of this Act (except where the context otherwise requires)—
“authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947;
This Part of this Act shall (except where the context otherwise requires) be construed as one with the Criminal Procedure (Scotland) Act 1995.
This Part of this Act applies to property whether it is situated in Scotland or elsewhere.
References in this Part of this Act—
to offences include a reference to offences committed before the commencement of section 1 of the Criminal Justice (Scotland) Act 1987; but nothing in this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence to which that section relates instituted before the commencement of that section;
to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection; and
to property held by a person include a reference to property vested in the interim or permanent trustee in his sequestration or in his trustee in bankruptcy or liquidator.
Any person who— shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding five years or to a fine or to both such fine and imprisonment.
is required or authorised by law to make a statement on oath for any purpose; and
being lawfully sworn, wilfully makes a statement which is material for that purpose and which he knows to be false or does not believe to be true,
Any person who knowingly and wilfully makes, otherwise than on oath, a statement false in a material particular, and the statement is made— shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both such fine and imprisonment.
in a statutory declaration; or
in an abstract, account, balance sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return or other document which he is authorised or required to make, attest or verify by, under or in pursuance of any public general Act of Parliament for the time being in force; or
in any oral declaration or oral answer which he is authorised or required to make by, under or in pursuance of any public general Act of Parliament for the time being in force; or
in any declaration not falling within paragraph (a), (b), or (c) above which he is required to make by an order under section 2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975,
Any person who— by wilfully making or producing or causing to be made or produced either verbally or in writing, any declaration, certificate or representation which he knows to be false or fraudulent, shall be guilty of an offence and be liable on conviction to imprisonment for a term not exceeding 12 months or to a fine or to both such fine and imprisonment.
procures or attempts to procure himself to be registered on any register or roll kept under or in pursuance of any Act of Parliament for the time being in force of persons qualified by law to practise any vocation or calling; or
procures or attempts to procure a certificate of the registration of any person on any such register or roll,
Subsection (2) above applies to any oral statement made for the purpose of any entry in a register kept in pursuance of any Act of Parliament as it applies to the statements mentioned in that subsection.
Any person who aids, abets, counsels, procures or suborns another person to commit an offence against section 44 of this Act shall be liable to be proceeded against, indicted, tried and punished as if he were a principal offender
Any person who incites or attempts to procure or suborn another person to commit an offence against that section shall be guilty of an offence and be liable on conviction to imprisonment or to a fine or to both such fine and imprisonment.
Nothing in section 44 and 46(1) of this Act and subsections (1) and (2) above shall affect the common law relating to the crime of perjury or to any crime or offence involving falsehood, fraud or wilful imposition, or the liability of any person to be prosecuted for any such crime or offence, provided that no person shall be liable in respect of the same matter to be punished both at common law and under these sections.
Where the making of a false statement is not only an offence under the said sections 44 or 46(1) or under subsection (1) or (2) above, but also by virtue of some other Act is a corrupt practice or subjects the offender to any forfeiture or disqualification or to any penalty other than imprisonment or a fine, the liability of the offender under these sections shall be in addition to and not in substitution for his liability under such other Act.
Where the making of a false statement is by any other Act whether passed before or after the commencement of this Act, made punishable on summary conviction, proceedings may be taken either under such other Act or under this Act.
For the purposes of any proceedings at common law for perjury or of any proceedings for a contravention of section 44(1) of this Act—
the forms and ceremonies used in administering an oath shall be immaterial if the court or person before whom the oath is taken has power to administer an oath for the purpose of verifying the statement in question, and if the oath has been administered in a form and with ceremonies which the person taking the oath has accepted without objection or has declared to be binding on him;
an affirmation or declaration made in lieu of an oath shall be of the like effect in all respects as if it had been made on oath.
Where an offence against section 44 of this Act is committed in any place outside the United Kingdom, the offender may be proceeded against, tried and punished in any place in Scotland where he was apprehended or is in custody as if the offence had been committed in that place; and for all purposes incidental to or consequential on the trial or punishment of the offence, it shall be deemed to have been committed in that place.
Any summary criminal proceedings for an offence against section 44 of this Act may, notwithstanding anything in the Criminal Procedure (Scotland) Act 1995, be commenced at any time within one year from the date of the commission of the offence, or within three months from the date when evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge whichever period last expires; and for the purposes of this section a certificate purporting to be signed by or on behalf of the Lord Advocate as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
In sections 44 and 45 of this Act and in this section, the expression “statutory declaration” means a declaration made by virtue of the Statutory Declarations Act 1835 or of any enactment (including subordinate legislation) applying or extending the provisions of that Act.
Any person who . . . has with him in any public place any offensive weapon shall be guilty of an offence, and shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.
Where any person is convicted of an offence under subsection (1) above the court may make an order for the forfeiture or disposal of any weapon in respect of which the offence was committed.
It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse or lawful authority for having the weapon with the person in the public place.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section—
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 47 of this Act, 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 level 4 on the standard scale.
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 those powers an offensive weapon,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section, “offensive weapon” has the same meaning as in the said section 47.
Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding twelve months or a fine not exceeding the statutory maximum or both; and
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed.
This section does not apply to a folding pocketknife if the cutting edge of its blade does not exceed three inches (7.62 centimetres).
It shall be a defence for a person charged with an offence under subsection (1) above to show that the person had a reasonable excuse or lawful authority for having the article with him in the public place.
Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under subsection (1) above to show that he had the article with him—
for use at work;
for religious reasons; or
as part of any national costume.
Where a person is convicted of an offence under subsection (1) above the court may make an order for the forfeiture of any article to which the offence relates, and any article forfeited under this subsection shall (subject to section 193 of the Criminal Procedure (Scotland) Act 1995 (suspension of forfeiture etc, pending appeal)) be disposed of as the court may direct.
In this section, “public place” has the same meaning as in section 47(4).
Where a constable has reasonable grounds for suspecting that a person has with him an article to which section 49 of this Act applies and has committed or is committing an offence under subsection (1) of that section, 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.
A constable who detains a person under subsection (1) above shall inform him of the reason for his detention.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
having requested that person to give his name or address or both—
is not given the information requested; or
is not satisfied that such information as is given is correct; or
has reasonable cause to believe that it is necessary to arrest him in order to prevent the commission by him of any other offence in the course of committing which an article to which that section applies might be used,
Any person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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 those powers an article to which section 49 of this Act applies,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person who has an article to which section 49 of this Act applies with him on school premises shall be guilty of an offence.
Any person who has an offensive weapon within the meaning of section 47 of this Act with him on school premises shall be guilty of an offence.
It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that the person had a reasonable excuse or lawful authority for having the article or weapon with him on the premises in question.
Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had the article or weapon in question with him—
for use at work,
for educational purposes,
for religious reasons, or
as part of any national costume.
A person guilty of an offence—
under subsection (1) above shall be liable—
on summary conviction to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both;
under subsection (2) above shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.
In this section and section 49B of this Act, “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.
A constable may enter school premises and search those premises and any person on those premises for— if he has reasonable grounds for suspecting that an offence under section 49A of this Act is being, or has been, committed.
any article to which section 49 of this Act applies, or
any offensive weapon within the meaning of section 47 of this Act,
If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for believing to be an article or weapon of a kind described in subsection (1) above, he may seize it.
The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.
Any person who has with him in a prison— commits an offence.
an offensive weapon, or
any other article which has a blade or is sharply pointed,
It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse or lawful authority for having the weapon or other article with him in the prison.
A defence under subsection (2) includes, in particular, a defence that the person had the weapon or other article with him in prison—
for use at work,
for religious reasons, or
as part of any national costume.
Where a person is convicted of an offence under subsection (1), the court may make an order for the forfeiture of any weapon or other article to which the offence relates.
Any weapon or other article forfeited under subsection (4) is, subject to section 193 of the Criminal Procedure (Scotland) Act 1995 (c. 46), to be disposed of as the court may direct.
A person guilty of an offence under subsection (1) is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both,
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
In this section—
A person who counterfeits or falsifies a specified monetary instrument with the intention that it be uttered as genuine is guilty of an offence.
A person who has in his custody or under his control, without lawful authority or excuse— is guilty of an offence.
anything which is, and which he knows or believes to be, a counterfeited or falsified specified monetary instrument; or
any machine, implement or computer programme, or any paper or other material, which to his knowledge is specially designed or adapted for the making of a specified monetary instrument,
For the purposes of subsections (1) and (2)(a) above, it is immaterial that the specified monetary instrument (or purported specified monetary instrument) is not in a fit state to be uttered or that the counterfeiting or falsifying of it has not been finished or perfected.
A person guilty of an offence under this section is liable on summary conviction—
to a fine not exceeding the statutory maximum;
to imprisonment for a term not exceeding six months; or
both to a fine and to such imprisonment.
A person guilty of an offence—
under subsection (1) above is liable on conviction on indictment—
to a fine;
to imprisonment for a term not exceeding ten years; or
both to a fine and to such imprisonment;
under subsection (2) above is liable on conviction on indictment—
to a fine;
if it is proved that the offence was committed with the intention that the specified monetary instrument in question be uttered (or as the case may be that a specified monetary instrument be uttered), to imprisonment for a term not exceeding ten years and if it is not so proved, to imprisonment for a term not exceeding two years; or
both to a fine and to imprisonment for a term not exceeding ten years, if it is proved as mentioned in sub-paragraph (ii) above, or both to a fine and to imprisonment for a term not exceeding two years if it is not so proved.
Where an offence under this section which has been committed— or by any person who was purporting to act in any such capacity, he as well as the body corporate, or as the case may be the partnership, is guilty of that offence and is liable to be proceeded against and punished accordingly.
by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body; or
by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a member of that partnership,
Where the affairs of a body corporate are managed by its members, subsection (6) above applies in relation to the actings and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
In subsections (1) to (5) above, “specified” means for the time being specified for the purposes of this section, by order made by the Scottish Ministers.
The power to make an order under subsection (8) above—
includes power to make such incidental, supplemental, transitional or transitory provision as the Scottish Ministers think necessary or expedient; and
is exercisable by statutory instrument.
A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
Criminal resetting of property shall not be limited to the receiving of property taken by theft or robbery, but shall extend to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition.
Subject to subsection (2) below, any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism.
It shall not be competent to charge acts which constitute the offence of wilful fire-raising as vandalism under this section.
Any person convicted of the offence of vandalism shall be liable on summary conviction—
in the district court, to imprisonment for a term not exceeding 60 days, or to a fine not exceeding level 3 on the standard scale, or to both;
in the sheriff court—
for a first such offence, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995), or to both; and
for any subsequent such offence, to imprisonment for a term not exceeding 6 months, or to the fine mentioned in sub-paragraph (i) above, or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Act may be cited as the Criminal Law (Consolidation) (Scotland) Act 1995.
This Act shall come into force on 1 April 1996.
Subject to subsection (4) below, this Act extends only to Scotland.
Section 35(10) to (12) of this Act extends also to England and Wales and sections 27 to 29 of this Act and this section extend also to England and Wales and Northern Ireland.
This Table shows the derivation of the provisions of the Act.
The following abbreviations are used in the Table:— 1933 = False Oaths (Scotland) Act 1933 (c. 20) 1976 = Sexual Offences (Scotland) Act 1976 (c. 67) 1980 = Criminal Justice (Scotland) Act 1980 (c. 62) 1987 = Criminal Justice (Scotland) Act 1987 (c. 41) 1988 = Criminal Justice Act 1988 (c. 33) 1993 = Criminal Justice Act 1993 (c. 36) 1994 = Drug Trafficking Act 1994 (c. 37) 1995 = Criminal Justice (Scotland) Act 1995 (1995 c. 20) 1995CP = Criminal Justice (Consequential Provisions) (Scotland) Act (1995 c. 40) 1995CLC = Criminal Law (Consolidation) (Scotland) Act 1995 (1995 c. 39) Provision Derivation 1 1976 s.2A; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 2 1976 s.2B; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 3 1976 s.2C; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 4 1976 s.2D; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1; 1987 Sch.2 5(1), (2) 1976 s.3 (3) — (7) 1976 s.4; Incest and Related Offences (Scotland) Act 1986 (c. 36) Sch.1 §.4; Criminal Justice (Scotland) Act 1995 (c. 20) Sch.6 §. 6 1976 s.5 7(1) 1976 s.1 (2), (3) 1976 s.2 (4) 1976 s.17 8(1), (2) 1976 s.8 (3) — (5) 1976 s.9 9 1976 s.10 10 1976 s.11 11(1) — (4) 1976 s.12 (5), (6) 1976 s.13(1) 12 1976 s.14; Criminal Procedure (Scotland) Act 1975 (c. 21) Sch.7A; Criminal Law Act 1977 (c. 45) Sch.11 13 1980 s.80; Mental Health (Scotland) Act 1984 (c. 36) Sch.5; Criminal Justice and Public Order Act 1994 (c. 33) ss.145(2), 146(2) 14 1976 s.15 15 1976 s.6 16 1976 s.18 17 1976 s.19 18 1980 s.68; Sporting Events (Control of Alcohol etc.) Act 1985 (c.57) s.10 19(1) 1980 s.69 (2) 1980 s.70 (3) — (6) 1980 s.70A; Public Order Act 1986 (c. 64) Sch.1 §.10 (7) 1980 s.71; Public Order Act 1986 (c. 64) Sch.1 §.11 20(1) 1980 s.72(1) (2) 1980 s.73 (3) — (6) 1980 s.72A(1) — (4); Public Order Act 1986 (c. 64) Sch.1 §.14 (7) 1980 s.74 (8) 1980 ss.72(2), (3), 72A(5); Public Order Act 1986 (c. 64) Sch.1 §.14 21 1980 s.75; Public Order Act 1986 (c. 64) Sch.1 §.12 22 1980 s.76; Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Sch.8 §.30 23 1980 s.77; Sporting Events (Control of Alcohol etc.) Act 1985 (c.57) s.10; Public Order Act 1986 (c. 64) Sch.1 §.13 24 1987 s.48; Criminal Justice and Public Order Act 1994 (c. 33) s.129(4), (5) 25 1987 s.49; Criminal Justice and Public Order Act 1994 (c. 33) s.129(6); Children (Scotland) Act 1995 (c. 36) Sch.3 §.[39] 26 1987 s.50 27 1987 s.51; Criminal Justice and Public Order Act 1994 (c. 33) s.164(3) 28 1987 s.52; 1988 Sch.15 §.117; Criminal Justice and Public Order Act 1994 (c. 33) s.164(4) 29 1987 s.53 30 1987 s.54; 1988 Sch.15 §.111; S.I. 1989/2405 Sch.9 Pt.II §.58 31 1987 s.38; 1988 Sch.5 §.23 32 1987 s.39 33 1987 s.40 34 1987 s.40A; 1993 s.20(2) 35 1987 s.41 36 1987 s.42; 1993 s.26(2) 37 1987 s.42A; 1993 s.17(1) 38 1987 s.43; 1993 s.19(2), (3) 39 1987 s.43A; 1993 s.19(1) 40 1987 s.43B; 1993 s.19(1) 41 1987 s.44 42 1987 s.46A; 1993 Sch.4 §.2 43 1987 s.47(1)(part) — (4) 44(1) 1933 s.1; Criminal procedure (Scotland) Act 1975 s.221(1) (2) 1933 s.2; Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 35) Sch.1 (3) 1933 s.3 (4) Criminal Justice (Scotland) Act 1949 (c. 94) s.42(1) 45(1), (2) 1933 s.4 (3) — (5) 1933 s.6 46(1) 1933 s.7(1) (2) 1933 s.5 (3) Criminal Justice (Scotland) Act 1949 (c. 94) s.42(2) (4) 1933 s.7(2) 47 Prevention of Crime Act 1953 (c. 14) s.1; Criminal Procedure (Scotland) Act 1975 (c. 21) ss. 193A, 298B; Roads (Scotland) Act 1984 (c. 54) Sch.9 §.42; Criminal Justice Act 1988 (c. 33) Sch.8 §.16 48 1980 s.4 49 Carrying of Knives (Scotland) Act 1993 (c. 13) s.1; Council Directive 80/181 (Approximation of Laws Relating to Units of Measurement) 50 Carrying of Knives (Scotland) Act 1993 (c. 13) s.2 51 Criminal Procedure (Scotland) Act 1975 (c. 21) s.59 52 1980 s.78 53(1), (2) Drafting (3), (4) 1987 s.72(1), (4)