Acts of the Scottish Parliament

2003 asp 7

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th February 2003 and received Royal Assent on 26th March 2003

An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.

(a) in subsection (2) after paragraph (b) there is inserted-

(b) for subsection (3) there is substituted-

(a) a person convicted of an offence; or

(b) a person who is subject to a disposal under section 57 (disposal of case where accused found to be insane) of the 1995 Act,

(a) the Risk Management Authority is to-

(i) compile and keep under review information about the provision of services in Scotland;

(ii) compile and keep under review research and development;

(iii) promote effective practice; and

(iv) give such advice and make such recommendations to the Scottish Ministers as it considers appropriate; and

(b) the Authority may-

(i) carry out, commission or co-ordinate research and publish the results of such research; and

(ii) undertake pilot schemes for the purposes of developing and improving methods.

(a) prepare and issue guidelines as to the assessment and minimisation of risk; and

(b) set and publish standards according to which measures taken in respect of the assessment and minimisation of risk are to be judged.

(a) any offender who is subject to an order for lifelong restriction made under section 210F (order for lifelong restriction) of the 1995 Act; and

(b) any offender falling within such other category as may be prescribed.

(a) the Risk Management Authority; and

(b) such other persons as they consider appropriate.

(a) set out an assessment of risk;

(b) set out the measures to be taken for the minimisation of risk, and how such measures are to be co-ordinated; and

(c) be in such form as is specified under subsection (5).

(a) of imprisonment in a prison;

(b) of detention in a young offenders institution; or

(c) by virtue of section 208 (detention of children convicted on indictment) of the 1995 Act, of detention in some other place,

(a) a hospital order under section 58 (order for hospital admission or guardianship) of the 1995 Act;

(b) a hospital direction under section 59A (hospital directions) of the 1995 Act;

(c) an application for admission under Part V (admission to hospital etc.) of the Mental Health (Scotland) Act 1984 (c.36) ("the 1984 Act"); or

(d) a transfer direction under section 71 (removal to hospital of prisoners) of the 1984 Act,

(a) any person on whom, by virtue of section 6(4), the lead authority is considering conferring functions; and

(b) such other persons as it considers appropriate.

(a) approve it; or

(b) where it considers that a plan does not comply with section 6(3) or that the lead authority has, in preparing the plan, disregarded any guideline or standard under section 5 or any guidance under section 6(6), reject it.

(a) rejects a revised plan; and

(b) considers that, unless it exercises its power under this subsection to give directions, subsection (1) would not be complied with,

(a) the lead authority is to prepare an amended plan; or

(b) if it is not appropriate for it to continue as lead authority, a different lead authority (determined in accordance with section 7) is to prepare an amended plan,

(a) any manner of assessing and minimising risk (being accreditation in recognition of the effectiveness of any methods and practices which may be employed in the assessment and minimisation of risk); and

(b) persons having functions in relation to the assessment and minimisation of risk (being accreditation in recognition of education or training received, or of any expertise relevant to those functions otherwise held or acquired, by them).

(a) is to administer any scheme of accreditation made under subsection (1) (including awarding, generally or for any particular purpose, suspending or withdrawing accreditation where it considers that to be appropriate); and

(b) may provide, or secure the provision of, education and training in relation to the assessment and minimisation of risk for any person having functions in that regard.

(a) acquire and dispose of land;

(b) enter into contracts;

(c) charge for goods and services;

(d) with the consent of the Scottish Ministers, invest and borrow money.

(a) keep proper accounts and accounting records;

(b) prepare for each financial year (the financial year being the period of 12 months ending with 31st March) an account of its expenditure and receipts; and

(c) send the account to the Scottish Ministers,

(a) after a decision has been taken to bring proceedings in respect of that offence; or

(b) if a procurator fiscal so determines, before any such decision has been taken,

(a) victim statement made; or

(b) statement made by virtue of subsection (3) in relation to a victim statement,

(a) in solemn proceedings, when moving for sentence as respects an offence; and

(b) in summary proceedings, when a plea of guilty is tendered in respect of, or the accused is convicted of, an offence,

(i) that statement; and

(ii) any statement made by virtue of subsection (3) in relation to that statement,

as it considers to be relevant to that offence.

(a) because a person has died no such opportunity as is mentioned in subsection (2) can be afforded that person then subsections (2) and (3) apply as if the references in them to the person and to how the offence (or apparent offence) affected, or continues to affect, the person-

(i) were references to any or all of the four qualifying persons highest listed in subsection (10) and to how the offence (or apparent offence) affected, or continues to affect, the maker of the statement; and

(ii) without prejudice to sub-paragraph (i), where the person died a child (that is to say not having attained the age of sixteen years), included references to any other person who, immediately before the offence (or apparent offence) was perpetrated, cared for the child (that expression being construed in accordance with the definition of "person who cares for" in section 2(28) of the Regulation of Care (Scotland) Act 2001 (asp 8)) and to how the offence (or apparent offence) affected, or continues to affect, that other person; or

(b) a person who (but for this paragraph and other than by virtue of paragraph (a)) would be afforded such an opportunity as is so mentioned is-

(i) incapable, by reason of mental disorder or inability to communicate, of making a victim statement, subsections (2) and (3) apply as if the person to be afforded an opportunity were not the incapable person but the qualifying person highest listed in subsection (10); or

(ii) a child who has not attained the age of fourteen years, those subsections apply as if the person to be afforded an opportunity were not that person but such other person as is mentioned in paragraph (a)(ii),

and as if the other references in those subsections to a person continued to be to the incapable person or as the case may be to the child.

(a) spouse;

(b) cohabitee;

(c) son or daughter or any person in relation to whom the victim has or had parental responsibilities or rights vested by, under or by virtue of the Children (Scotland) Act 1995 (c.36);

(d) father or mother or any person in whom parental responsibilities or rights are or were vested by, under or by virtue of that Act in relation to the victim;

(e) brother or sister;

(f) grandparent;

(g) grandchild;

(h) uncle or aunt;

(i) nephew or niece,

(a) amend subsection (6)(b)(ii) by substituting for the age for the time being specified there such other age as they think fit;

(b) amend the list in subsection (10).

(a) to imprisonment or detention for a period of four or more years;

(b) to life imprisonment or detention for life; or

(c) under section 205(2) (punishment for murder where convicted person under 18) or 208 (detention of children convicted on indictment) of the 1995 Act, to detention without limit of time,

(a) the date on which the convicted person is, under or by virtue of the 1989 Act or the 1993 Act, released (other than by being granted temporary release);

(b) if the convicted person dies before that date, the date of death;

(c) that the convicted person has been transferred to a place outwith Scotland;

(d) that the convicted person has, by virtue of the 1989 Act, become eligible for temporary release; and

(e) that the convicted person is unlawfully at large from a prison or young offenders institution.

(a) amend subsection (1)(a) by substituting, for the period for the time being specified there, a different period; or

(b) amend subsection (3) by adding descriptions of information.

(a) has died, that subsection applies as if references in it to the person were to be construed as mentioned in sub-paragraphs (i) and (ii) of paragraph (a) of section 14(6) of this Act; or

(b) in a case other than is mentioned in paragraph (a)-

(i) is incapable as mentioned in sub-paragraph (i) of paragraph (b) of the said section 14(6), that subsection applies as if references in it to the person were to be construed as mentioned in that sub-paragraph; or

(ii) is a child such as is mentioned in sub-paragraph (ii) of the said paragraph (b), that subsection applies as if references in it to the person were to be construed as mentioned in that sub-paragraph,

(taking him to be the person "afforded an opportunity").

(a) inform the victim as to whether or not it has recommended or directed release;

(b) if it has recommended or directed release, inform the victim as to whether it has also recommended that the person released comply with conditions; and

(c) inform the victim of the terms of any such conditions which relate to contact with the victim or with members of the victim's family,

(a) as to whether it has recommended that the person released comply with conditions; and

(b) as is mentioned in subsection (6)(c).

(a) as to whether the person released is to comply with conditions; and

(b) as is mentioned in subsection (6)(c).

(a) as respects release under section 3 of the 1993 Act (release on compassionate grounds); or

(b) where the entitlement mentioned in subsection (1) arises by virtue of section 16(4)(a).

(a) the person's-

(i) name;

(ii) address;

(iii) telephone number;

(iv) e-mail address;

(v) age;

(b) such information regarding the offence (or apparent offence) as the constable considers appropriate provided that the information does not include such information in relation to the alleged perpetrator as is mentioned in sub-paragraphs (i) to (v) of paragraph (a) (though it may include information as to whether the case is one likely to be disposed of by a children's hearing).

(a) the qualifying persons (as defined in subsection (8) of section 14); and

(b) where the circumstances are as mentioned in sub-paragraph (ii) of subsection (6)(a) of that section, any such other person as is mentioned in that sub-paragraph,

(a) in section 52 (indecent photographs etc. of children), in subsection (3)(b) for the words "3 years" there is substituted "10 years";

(b) in section 52A (possession of indecent photographs of children), in subsection (3) the existing words from "on summary" to the end become paragraph (a), and after that paragraph there is inserted-

(a) in section 8 (abduction and unlawful detention), subsections (1) and (2) are repealed;

(b) section 15 (defence to charge of indecent assault) is repealed;

(c) in section 16B (commission of certain sexual acts outside the United Kingdom), after subsection (6) there is inserted-

(a) a sexual offence (as defined in section 210A(10) of the 1995 Act); or

(b) an offence the nature and circumstances of which disclose, in the opinion of the court, that there was a significant sexual aspect to the person's behaviour in committing it.

(a) obtain from a relevant officer a report concerning the person's circumstances and character; and

(b) if the conviction is on indictment, obtain from a chartered clinical psychologist or chartered forensic psychologist (that is to say from a person for the time being so described in the British Psychological Society's Register of Chartered Psychologists) a psychological assessment of the person,

(a) as to the facts established by the evidence; and

(b) containing such other information as the judge considers appropriate.

(a) the officer from whom a report is sought under paragraph (a) of subsection (2) when written intimation of the requirement for the report is first given to that officer; and

(b) any psychologist from whom an assessment is sought under paragraph (b) of that subsection when such intimation of the requirement for that assessment is first given to that psychologist.

(a) "three weeks" in paragraph (a); and

(b) "four weeks" in paragraph (b),

(a) of the local authority for the area within which the convicted person resides; and

(b) employed by them in the discharge of their functions under section 27(1) (supervision and care of persons put on probation or released from prison etc.) or 27AA (advice, guidance and assistance to persons arrested or on whom sentence deferred) of the Social Work (Scotland) Act 1968 (c.49).

(a) the arrival in the United Kingdom of, or travel there (whether or not following such arrival) by, an individual and-

(i) intends to exercise control over prostitution by the individual or to involve the individual in the making or production of obscene or indecent material; or

(ii) believes that another person is likely to exercise such control or so to involve the individual,

there or elsewhere; or

(b) the departure from there of an individual and-

(i) intends to exercise such control or so to involve the individual; or

(ii) believes that another person is likely to exercise such control or so to involve the individual,

outwith the United Kingdom.

(a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years, to a fine or to both; or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(a) in the United Kingdom; or

(b) outwith the United Kingdom-

(i) by an individual to whom subsection (6) applies; or

(ii) by a body incorporated under the law of a part of the United Kingdom.

(a) a British citizen;

(b) a British overseas territories citizen;

(c) a British National (Overseas);

(d) a British Overseas citizen;

(e) a person who is a British subject under the British Nationality Act 1981 (c.61); and

(f) a British protected person within the meaning of that Act.

(a) in paragraph (a)-

(i) the words "subject to paragraph (b) below," are repealed; and

(ii) for the words "the court shall, instead of committing him to prison," there is substituted "but is not a child to whom paragraph (bb) below applies, the court shall";

(b) in paragraph (aa)-

(i) for the words "is over 16 years of age and" there is substituted "has attained the age of 16 years and is";

(ii) the words ", instead of committing him to prison," are repealed; and

(iii) at the end there is added "or may commit him either to prison or to a young offenders institution";

(c) for paragraph (b) there is substituted-

(a) for the words "to prison or to a remand centre under this section" there is substituted "under this section to prison, to a young offenders institution or to a remand centre"; and

(b) after the words "or a" there is inserted "young offenders institution or".

(a) for the words "A person shall be deemed to be" there is substituted "Without prejudice to section 295 of the Criminal Procedure (Scotland) Act 1995 (c.46) (legal custody of persons generally), a prisoner is"; and

(b) in paragraph (b), at the end there is added ", a constable ("constable" having the same meaning as it has, by virtue of paragraph 17(1) and (2) of Schedule 1 to the Crime (Sentences) Act 1997 (c.43), in section 40(1) of this Act) or a police custody and security officer".

(a) at the beginning there is inserted "Without prejudice to section 13 of the Prisons (Scotland) Act 1989 (c.45) (legal custody of prisoners),";

(b) for the word "shall" there is substituted "is"; and

(c) the words "be deemed to be" are repealed.

(a) in subsection (7) after the words "any previous sentence" there is inserted "for a term"; and

(b) after that subsection, there is inserted-

(a) in subsection (1), for the word "may" there is substituted "shall";

(b) subsection (1A) is repealed; and

(c) in subsection (7)-

(i) the words "and by virtue of subsection (1A) above such release is then mandatory"; and

(ii) the words from "; and in any other case" to the end,

are repealed.

(a) in subsection (5A)(b), after the word "being" there is inserted ", subject to subsections (5AB) to (5AD) below,";

(b) after that subsection there is inserted-

(c) in-

(i) subsection (5B); and

(ii) subsection (5C),

after the words "subsection (5A)(b)" there is in each case inserted ", (5AB) or (5AC)";

(d) for subsection (7) there is substituted-

(e) in subsection (9), after the word "serving" there is inserted "or is liable to serve".

(a) the existing words become subsection (1); and

(b) after that subsection there is added-

(a) in subsection (1)-

(i) at the beginning there is inserted "Subject to subsection (1A) below,"; and

(ii) for the words "who has been recalled to prison under section 17(1)" there is substituted "and in respect of whom a licence has been revoked under section 17(1) to (1B)";

(b) after subsection (1) there is inserted-

(c) in subsection (2), in paragraph (a), for the words "disposal of that referral" there is substituted "Board's disposal of his case";

(d) after that subsection there is inserted-

(e) in subsection (3)-

(i) for the word "sentence" in the second place where it appears there is substituted "term"; and

(ii) for the words "has served one half of" there is substituted "would be eligible to be released, or considered for release, from".

(a) for paragraph 2 (consecutive terms) there is substituted-

(b) paragraphs 3 (wholly concurrent terms) and 4 (partly concurrent terms) are repealed.

(a) in subsection (9) of section 3 (transfer into the United Kingdom), the words "or section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993" and "or, as the case may be, Scotland" are repealed; and

(b) in the Schedule (operation of certain enactments in relation to the prisoner)-

(i) for paragraph 2 there is substituted-

(ii) paragraph 3 is repealed.

(a) in subsection (1), for the word "may" there is substituted "shall"; and

(b) subsection (1A) is repealed.

(a) in subsection (2), for the word "may" there is substituted "shall";

(b) subsection (4A) is repealed;

(c) for subsection (5), there is substituted-

(d) subsection (6) is repealed.

(a) in Part 1 (existing life prisoners), after paragraph 7 there is inserted-

(b) in Part 4 (transferred life prisoners)-

(i) after paragraph 49 there is inserted-

(ii) in paragraph 50, after the word "49" there is inserted "or 49A";

(iii) in paragraph 53, after the word "applies" there is inserted ", to whom sub-paragraph (a) of paragraph 49A above applies (whether or not paragraph 49(b) above also applies to the prisoner) or to whom sub-paragraph (b) of paragraph 49A above applies (in so far as that sub-paragraph relates to paragraph 49(c) above)";

(iv) in paragraph 54, for the words from "to" in the first place where it occurs to "applies" there is substituted "such as is mentioned in paragraph 52 or 53 above"; and

(v) for paragraph 67 there is substituted-

(a) section 22 of the 1989 Act (persons sentenced before 1st October 1993); or

(b) Part I of the 1993 Act (persons sentenced on or after that date),

(a) compliance with any other condition so specified;

(b) whereabouts (other than for the purposes of paragraph (a)).

(a) commences on that person's receipt of the copy so sent;

(b) is suspended during any period in which the conditions for securing the monitoring are suspended; and

(c) ends when those conditions are cancelled or the licence is revoked or otherwise ceases to be in force.

(a) section 22(7) of the 1989 Act (requirement for recommendation of Parole Board); or

(b) section 12(3)(b) of the 1993 Act (requirement for recommendation of, or consultation with, Parole Board).

(a) a sheriffdom or sheriff court district, in which case the sheriff principal is, subject to subsection (1), to nominate a court within that sheriffdom or as the case may be sheriff court district;

(b) a commission area, in which case the clerk of the district court is, subject to that subsection, to nominate a district court constituted by a stipendiary magistrate,

(a) additional to any other powers the court may have; and

(b) exercisable only as respects such persons as the court is satisfied are persons such as are mentioned in subsection (1).

(a) sentence that person to imprisonment, or as the case may be detention, so however that the total of all periods so imposed in respect of the order is not to exceed twenty-eight days (and accordingly any one such period may be less than any minimum sentence which, but for this paragraph, would fall to be imposed); or

(b) make a community service order within the meaning of section 238(1) of the 1995 Act (power to make such orders), so however that the total of all periods of unpaid work thus required in respect of the order is not to exceed forty hours (and accordingly any one such requirement will be for a period less than that which, but for this paragraph, would fall to be specified),

(a) paragraph (a) of subsection (4) by substituting, for the period of days; or

(b) paragraph (b) of that subsection, by substituting for the period of hours,

(a) alleged at-

(i) a review hearing by a drugs court; or

(ii) a diet of such a court to which an offender has been cited under section 234G(1) of the 1995 Act (court actings in respect of breach of drug treatment and testing order),

that the offender has failed to comply with a requirement of a drug treatment and testing order; or

(b) alleged at-

(i) a hearing by such a court, held by virtue of a requirement of a probation order, to review that order; or

(ii) a diet of such a court to which a probationer has been cited under section 232(1) or 233(1) of that Act (failure to comply with requirement of probation order and commission of further offence during probation period),

that the probationer has failed to comply with a requirement of a probation order,

(a) sentence which has been imposed under paragraph (a) of subsection (4); or

(b) order which has been made under paragraph (b) of that subsection,

(a) sentence which has been imposed under paragraph (a) of subsection (4); or

(b) order which has been made under paragraph (b) of that subsection,

"drug treatment and testing order"has the meaning given by section 234B(2) of the 1995 Act (power to make drug treatment and testing order);

"probation order"has the meaning given by section 228(1) of that Act (power to make probation order); and

"review hearing"is to be construed in accordance with section 234F(1)(b) of that Act (periodic review of drug treatment and testing order).

(a) in section 228(5)(b) (explanation to be given to offender of possible consequences of failure to comply with probation order), at the end there is added "or may be dealt with under the powers provided for in section 42(4) of the Criminal Justice (Scotland) Act 2003 (asp 7) (powers of drugs court)";

(b) in section 232 (probation orders: failure to comply with requirement), at the end there is added-

(c) in section 234D(1)(b) (explanation to be given to offender of possible consequences of failure to comply with drug treatment and testing order), after the word "Act" there is inserted "or 42(4) of the Criminal Justice (Scotland) Act 2003 (asp 7) (powers of drugs court)"; and

(d) in section 234H (disposal on revocation of drug treatment and testing order), at the end there is added-

(a) the existing words "to any person who is to be responsible for monitoring the offender's compliance with the order" become sub-paragraph (i); and

(b) after that sub-paragraph there is inserted the word "and" and the following sub-paragraph-

(a) in subsection (1)-

(i) after the word "may" there are inserted the words "except in a case to which paragraph (b) below applies," and those words together with the existing words "apply to the court which made the order" become paragraph (a); and

(ii) after that paragraph there is inserted the word "or" and the following paragraph-

(b) at the end there is added-

(a) in subsection (1)-

(i) after the words "force it appears", there is inserted "except in a case to which paragraph (b) below applies," and those words together with the existing words "to the court which made the order" become paragraph (a);

(ii) after that paragraph there is inserted the word "or" and the following paragraph-

(iii) after the words "order the court" there is inserted "in question";

(iv) for the words "the court", where they occur for the third time, there is substituted "it"; and

(v) for the words "the court", where they occur for the fourth time, there is substituted "that court";

(b) in subsection (2), for the words-

(i) "the court", where they occur for the first time, there is substituted "that court"; and

(ii) "the court", where they occur for the second time, there is substituted "it"; and

(c) in subsection (4), for the words "the court" there is substituted "a court".

(a) in subsection (6), after the word "section" there is inserted "19(2A) or"; and

(b) after subsection (9) there is inserted-

(a) in subsection (1), after the words "anti-social behaviour order" there is inserted ", or an interim order under section 19(2A) above,";

(b) in subsection (2)(a), the words "anti-social behaviour" are repealed;

(c) in each of subsections (3)(a) and (4), for the words "an anti-social behaviour order" there is substituted "the order so referred to"; and

(d) in subsection (6), after the words "in relation to" where they occur for the second time, there is inserted "an order under section 19(2A) above and to".

(a) in subsection (1)-

(i) for the word "local" there is substituted "relevant";

(ii) in paragraph (a), the words "in the authority's area" are repealed; and

(iii) in paragraph (b), for the words "persons in the authority's area" there is substituted "relevant persons";

(b) in subsection (3), for the words "persons in the area of the local authority" there is substituted "relevant persons";

(c) in subsection (6), for the word "local" there is substituted "relevant"; and

(d) for subsection (8) there is substituted-

(a) in subsection (1), for the words " the local" there is substituted "a relevant";

(b) in subsection (2)-

(i) for the word "the" where it first occurs there is substituted "a"; and

(ii) for the words "the order is sought is for the time being" there is substituted "the application is to be made resides or appears to reside";

(c) after subsection (2) there is inserted-

(d) in subsection (3)-

(i) the existing words from "the area of which" to the end become paragraph (a); and

(ii) after that paragraph there is added the word "or" and the following paragraph-

(e) in subsection (7)(b)(i), after the word "constable" there is inserted "or registered social landlord".

(a) in subsection (2)(c), at the end there is added "and any extension to the period of a requirement imposed by virtue of section 230A of this Act shall not increase that period above the maximum mentioned in subsection (1) of that section"; and

(b) after subsection (2) there is inserted-

(a) in sub-paragraph (1), for the words "230" there is substituted "230A"; and

(b) at the end there is added-

(a) in subsection (2)(b), at the end there is added "so however that any extension of the period of a requirement imposed by virtue of section 234CA of this Act shall not increase that period above the maximum mentioned in subsection (1) of that section"; and

(b) after subsection (2) there is inserted-

(a) in subsection (4), the words "found to be" are repealed;

(b) after that subsection there is inserted-

(a) in subsection (1), the words "found to be" are repealed;

(b) after subsection (2) there is inserted-

(a) in subsection (3)(a); and

(b) in subsection (4)(b),

(a) in subsection (1), for the words "16 or 17" there is substituted "or over 16";

(b) in subsection (6), after "shall" there is inserted-

(a) after "offence" in the first place where it appears there is inserted "punishable by imprisonment";

(b) the words from ", if" to "disposal," are repealed;

(c) after "may" there is inserted ", instead of imposing on him a sentence of, or including, imprisonment or any other form of detention,".

(a) in paragraph 4(2)(a)-

(i) for the words "three months" there is substituted "30 days";

(ii) for the words "60 days" there is substituted "20 days";

(b) in paragraph 5(1)(d)-

(i) for the words "three months" there is substituted "30 days";

(ii) for the words "60 days" there is substituted "20 days".

(a) the nature of what was done, the reason for it and the circumstances in which it took place;

(b) its duration and frequency;

(c) any effect (whether physical or mental) which it has been shown to have had on the child;

(d) the child's age; and

(e) the child's personal characteristics (including, without prejudice to the generality of this paragraph, sex and state of health) at the time the thing was done.

(a) a blow to the head;

(b) shaking; or

(c) the use of an implement,

(a) in subsection (1), the words "assaults," and "assaulted," are repealed; and

(b) subsection (7) is repealed.

(a) in section 44 (prohibition of publication of proceedings at children's hearing), in subsection (1)-

(i) after the word "publish" there is inserted "any matter in respect of a case about which the Principal Reporter has from any source received information or"; and

(ii) in paragraph (a), for the words "any child concerned in the" there is substituted "the child concerned in, or any other child connected (in any way) with, the case,"; and

(b) in section 93 (interpretation of Part II), in subsection (2)-

(i) in paragraph (a), after the word "Part" there is inserted "and section 44"; and

(ii) in paragraph (b), for the words "Chapters 2 and" there is substituted "Chapter 2 (except section 44) and Chapter".

(a) the information is requested by the person; and

(b) the Principal Reporter is satisfied that-

(i) the provision of the information would not be detrimental to the best interests of the child concerned in, or any other child connected (in any way) with, the case; and

(ii) it is appropriate in the circumstances of the case to provide the information.

(a) what action the Principal Reporter has taken in the case; and

(b) any disposal of the case,

(a) any person against whom the offence appears to have been committed or, where that person is a child, any relevant person; and

(b) any other person or class of persons, subject to such conditions, as may be prescribed.

"child"means a person who has not attained the age of eighteen years;

"the Principal Reporter"has the same meaning as it has in Part II of the Children (Scotland) Act 1995 (c.36);

"relevant person"in relation to a child means-

(a) any parent enjoying parental responsibilities or parental rights under Part I of that Act;

(b) any person in whom parental responsibilities or rights are vested by, under or by virtue of that Act; and

(c) any person who appears to be a person who ordinarily (and other than by reason only of that person's employment) has charge of, or control over, the child.

(a) in subsection (6), paragraph (d) is repealed; and

(b) after that subsection there is inserted-

(a) the word "and" which immediately follows paragraph (a) is repealed;

(b) in paragraph (b), for the word "(d)" there is substituted "(c)"; and

(c) after that paragraph there is added the word "and" and the following paragraph-

(a) by virtue of any power of search;

(b) by virtue of any power to take possession of evidence where there is imminent danger of its being lost or destroyed; or

(c) under the authority of a warrant.

(a) giving notice in writing of such withdrawal to the chief constable of the police force on whose behalf the sample was, or data were, taken or provided; or

(b) attending at any police station within the area of that force and giving such notice to-

(i) any constable of the force; or

(ii) any person authorised to receive it by the officer in charge of the station,

and the chief constable, constable or as the case may be person so authorised shall, on receipt of that notice, provide the person withdrawing consent with a written acknowledgment of receipt.

(a) the sample, with all information derived from it, is;

(b) the data, with all information derived from them, are,

(a) the use of the sample, data or information derived from it or them in evidence-

(i) unless an election was made under subsection (3), in any prosecution; and

(ii) if such an election was so made, in the prosecution of the offence in connection with which the sample was, or data were, taken or provided,

where and in so far as that evidence relates to, or to circumstances connected with or arising out of, a check such as is mentioned in subsection (7);

(b) the admissibility of any evidence as to-

(i) the taking or provision of the sample or data; or

(ii) the giving or withdrawal of consent.

(a) was against any other sample or relevant physical data, or against any information derived from any other sample or relevant physical data; and

(b) took place before the withdrawal took effect.

"sample"means a sample such as is mentioned in section 18(6) or (6A) of the 1995 Act, being one taken as so mentioned; and

"relevant physical data"has the same meaning as it has for the purposes of section 18 of that Act.

(a) after the words "section 285" there is inserted ", or as the case may be 286A,"; and

(b) for the words "said section" there is substituted "section in question".

(a) in subsection (1), in the definition of "extract conviction" and "extract of previous conviction", at the end there is added "and also include a conviction extracted and issued as mentioned in section 286A(3)(a) and (b) of this Act"; and

(b) in subsection (5), at the end there is added "except-

(a) in subsection (1), for the words ", at any time before the commencement of his trial, apply to the sheriff to adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act, in any other district in that sheriffdom" there is substituted "apply to the sheriff for an order for the transfer of the proceedings to a sheriff court in another district in that sheriffdom (that court being taken to be, by virtue of any such order, appointed as mentioned in section 66(1) of this Act) and for adjournment to a sitting of that court";

(b) after subsection (1) there is inserted-

(c) in subsection (2), for the words "adjourn the trial and make an order for the transfer of the trial as mentioned in subsection (1) above" there is substituted "make such order as is mentioned in that subsection";

(d) after subsection (2) there is inserted-

(e) in subsection (3), for the words from "the trial has been adjourned" to the end there is substituted "there has then been an order under subsection (2) or (2A) above, the warrant shall, subject to subsection (2B) above, have effect subject to the adjournment provided for in the order and as if the sitting is a sitting of the court to which the proceedings have been transferred".

(a) section 232 (probation orders: failure to comply with requirement), for subsection (7) there is substituted;

(b) section 233 (probation orders: commission of further offence), after subsection (1) there is inserted;

(c) section 234E (amendment of drug treatment and testing order), after subsection (2) there is inserted;

(d) section 234G (breach of drug treatment testing order), after subsection (1) there is inserted;

(e) section 239 (community service orders: requirements), after subsection (4) there is inserted;

(f) section 240 (community service orders: amendment and revocation etc.), at the end there is added;

(g) section 245E (variation of restriction of liberty order), after subsection (3) there is inserted; and

(h) section 245F (breach of restriction of liberty order), after subsection (1) there is inserted,

(a) for subsection (4) there is substituted-

(b) in subsection (6)-

(i) for the words "Except where the indictment is served" there is substituted "If the accused is cited by being served with a copy of the indictment, then except where such service is"; and

(ii) in paragraph (b), the words "and notice" are repealed;

(c) in subsection (7), at the beginning there is inserted "Subject to subsection (4)(b) above,";

(d) in subsection (8), after the word "indictment" there is inserted ", to citation under subsection (4)(b) above";

(e) in subsection (11), after the word-

(i) "indictment" there is inserted ", or who executed a citation under subsection (4)(b) above,"; and

(ii) "service" there is inserted "or execution";

(f) in subsection (13), the words "required to be" are repealed; and

(g) in subsection (14)-

(i) for the word "of", in the second place where it occurs, there is substituted "or"; and

(ii) for the words "requiring to be" there is substituted "so".

(a) after subsection (2) there is inserted-

(b) in subsection (3), after the word "below" there is inserted "and without prejudice to the effect of any other manner of citation";

(c) in subsection (5), after the word "subsection", in the first place where it occurs, there is inserted "(2A) or"; and

(d) in subsection (7)-

(i) the existing words from "a citation" to the end shall be paragraph (a); and

(ii) after that paragraph there shall be added the word "; or" and the following paragraph-

(a) in subsection (3)-

(i) after the words "subsection (4) below" there is inserted "(and if that period is extended under subsection (4A) below before the period being extended expires, until the expiry of the period as so extended)"; and

(ii) for the words "that subsection" there is substituted "subsection (4)"; and

(b) after subsection (4) there is inserted-

(a) in subsection (2)-

(i) at the end of paragraph (a) there is added "or, subject to subsection (2B) below, the prosecutor"; and

(ii) in paragraph (b), after the word "person" there is inserted ", not being a person convicted at the trial,"; and

(b) after that subsection there is inserted-

(a) after subsection (6) there is inserted-

(b) in subsection (7) for the words "and (6)" there is substituted ", (6) and (6A)".

(a) in subsection (1) for "subsection (2)" there is inserted "subsections (2), (2A) and (9)";

(b) for subsection (2) there is substituted-

(c) in subsection (6) for "subsection (7)" there is inserted "subsections (7) and (9)";

(d) in subsection (7)-

(i) the words from "the application" to the end become paragraph (a); and

(ii) after that paragraph there is inserted "and

(e) after subsection (8) there is added-

(a) have no connection with;

(b) are carried out in a country or territory outwith,

(a) as a crime at common law, bribery or accepting a bribe; or

(b) an offence mentioned in subsection (3).

(a) the thing done constitutes the crime or offence in question;

(b) where the thing done is done by a Scottish partnership and is proved to have been done with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the crime or offence so constituted and is liable to be proceeded against and punished accordingly; and

(c) subsection (3) of section 11 of the 1995 Act (jurisdiction in relation to certain offences committed outwith Scotland) is to apply in respect of that national, partnership, partner or body as if the crime or offence were an offence to which that section applies.

(a) those under section 1 of the Public Bodies Corrupt Practices Act 1889 (c.69) (corruption in office); and

(b) the first two offences under section 1 of the Prevention of Corruption Act 1906 (c.34) (bribes obtained by or given to agents).

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c.61) is a British subject; or

(c) a British protected person within the meaning of that Act.

(a) in subsection (2)-

(i) the word "or", which immediately follows paragraph (a), is omitted; and

(ii) at the end of paragraph (b) there is added "or

(b) in subsection (5), after paragraph (h) there is added-

(c) after subsection (6B) there is inserted-

(a) in subsection (2), after the words "Subject to" there is inserted "section 120A and"; and

(b) in subsection (3), after paragraph (a) there is inserted-

(a) in subsection (1), after the words "provided to" there is inserted ", or the discharge of any function by,"; and

(b) after subsection (3) there is added-

(a) subsections (2), (3) and (10) to (15) are repealed; and

(b) after subsection (9) there is added-

(a) libelled in an indictment; or

(b) specified in a complaint,

(a) at the time of committing the offence or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim's membership (or presumed membership) of a religious group, or of a social or cultural group with a perceived religious affiliation; or

(b) the offence is motivated (wholly or partly) by malice and ill-will towards members of a religious group, or of a social or cultural group with a perceived religious affiliation, based on their membership of that group.

"membership"in relation to a group includes association with members of that group; and

"presumed"means presumed by the offender.

(a) religious belief or lack of religious belief;

(b) membership of or adherence to a church or religious organisation;

(c) support for the culture and traditions of a church or religious organisation; or

(d) participation in activities associated with such a culture or such traditions.

(a) "of chief constable" there is inserted ", deputy chief constable"; and

(b) "assistant chief constable" there is inserted ", chief superintendent".

(a) in subsection (2)-

(i) after the words "with respect to" there is inserted "the deputy or"; and

(ii) for the words "chief constable or assistant chief constable" there is substituted "officer in respect of whom the power is to be exercised"; and

(b) in subsection (4), after the words "a chief constable" there is inserted "or deputy".

(a) in subsection (1), the existing words from "employ" to the end become paragraph (a) and after that paragraph there is inserted the word "; or" and the following paragraph-

(b) after that subsection there is inserted-

(c) in subsection (2), after the word "employed" there is inserted ", or appointed,"; and

(d) in subsection (3)-

(i) after the word "employed" there is inserted ", or appointed,"; and

(ii) after the words "by the authority" there is inserted "(not being police custody and security officers)".

(a) in subsection (1), after the words "any constable" there is inserted "or police custody and security officer";

(b) in subsection (4), after the words "Police Act 1997" there is inserted "or any police custody and security officer employed or appointed by them"; and

(c) at the end there is added-

(a) in subsection (1)(a), after the word "constable" where it occurs for-

(i) the first time there is inserted "or police custody and security officer"; and

(ii) the second time there is inserted "or any such officer"; and

(b) in subsection (2), after the words-

(i) "custody of a constable" there is inserted "or police custody and security officer"; and

(ii) "assisting a constable" there is inserted "or any such officer".

(a) in subsection (1)(a), after the word "constable" there is inserted "or police custody and security officer"; and

(b) in subsection (3), after the word "constables" there is inserted "or police custody and security officers".

(a) in subsection (2), after the words "Any constable" there is inserted "or police custody and security officer";

(b) in subsection (3), after the words "Any constable" there is inserted "or any such officer"; and

(c) in subsection (4), after the words "a constable", in each of the two places they occur, there is inserted "or such an officer".

(a) after the word "employed" there is inserted "or appointed";

(b) after the words "and who" there is inserted "either"; and

(c) at the end there is added "or is a police custody and security officer".