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Criminal Justice (Scotland) Act 2003

2003 asp 7

CONTENTS

  1. Part 1

    Protection of the public at large

    1. Risk assessment and order for lifelong restriction

      1. 1. Risk assessment and order for lifelong restriction

    2. Disposal in case of insanity

      1. 2. Disposal of case where accused found to be insane

    3. The Risk Management Authority

      1. 3. The Risk Management Authority

      2. 4. Policy and research

      3. 5. Guidelines and standards

      4. 6. Risk management plans

      5. 7. Preparation of risk management plans

      6. 8. Preparation of risk management plans: further provision

      7. 9. Implementation and review of risk management plans

      8. 10. Grants to local authorities in connection with risk management plans

      9. 11. Accreditation, education and training

      10. 12. Functions: supplementary

      11. 13. Accounts and annual reports

  2. Part 2

    Victims' rights

    1. 14. Victim statements

    2. 15. Prohibition of personal conduct of defence in proofs ordered in relation to victim statements in cases of certain sexual offences

    3. 16. Victim’s right to receive information concerning release etc. of offender

    4. 17. Release on licence: right of victim to receive information and make representations

    5. 18. Disclosure of certain information relating to victims of crime

  3. Part 3

    Sexual offences etc.

    1. 19. Amendments in relation to certain serious and sexual offences

    2. 20. Extended sentences

    3. 21. Sexual and certain other offences: reports

    4. 22. Traffic in prostitution etc.

  4. Part 4

    Prisoners etc.

    1. Custody and temporary detention

      1. 23. Remand and committal of children and young persons

      2. 24. Legal custody

      3. 25. Temporary detention of person being returned to prison in England and Wales etc.

    2. Consecutive sentences

      1. 26. Consecutive sentences: life prisoners etc.

    3. Release of prisoners

      1. 27. Release on licence etc. under 1989 Act

      2. 28. Release on licence etc. under 1993 Act

      3. 29. Release on licence: life prisoners

      4. 30. Release on licence: certain consecutive sentences

      5. 31. Release: prisoners serving extended sentences

      6. 32. Release etc. under 1993 Act of prisoner serving consecutive or concurrent offence and non-offence terms

      7. 33. Prisoners repatriated to Scotland

      8. 34. Suspension of conditions and revocation of licences under 1989 Act

      9. 35. Suspension of licence conditions under 1993 Act

      10. 36. Revocation of licences under 1993 Act

      11. 37. Extended sentences: recall to prison and revocation of licences

      12. 38. Special provision in relation to children

    4. Special provision as regards certain life prisoners

      1. 39. Convention rights of certain life prisoners

    5. Monitoring on release

      1. 40. Remote monitoring of released prisoners

    6. Parole Board to have regard to risk management plans

      1. 41. Parole Board to have regard to risk management plans

  5. Part 5

    Drugs courts

    1. 42. Drugs courts

  6. Part 6

    Non-custodial punishments

    1. 43. Restriction of liberty orders

    2. 44. Interim anti-social behaviour orders

    3. 45. Application by registered social landlord for anti-social behaviour order

    4. 46. Requirement for remote monitoring in probation order

    5. 47. Requirement for remote monitoring in drug treatment and testing order

    6. 48. Breach of certain orders: adjourning hearing and remanding in custody etc.

    7. 49. Power of arrest where breach of non-harassment order

    8. 50. Amendments in relation to certain non-custodial sentences

  7. Part 7

    Children

    1. 51. Physical punishment of children

    2. 52. Prohibition of publication of proceedings at children’s hearing etc.

    3. 53. Provision by Principal Reporter of information to victims

  8. Part 8

    Evidential, jurisdictional and procedural matters

    1. Evidential matters

      1. 54. Certificates relating to physical data: sufficiency of evidence

      2. 55. Taking samples by swabbing

      3. 56. Retaining sample or relevant physical data where given voluntarily

      4. 57. Convictions in other member States of the European Union

    2. Jurisdictional matters

      1. 58. Transfer of sheriff court proceedings

      2. 59. Competence of justice’s actings outwith jurisdiction

    3. Procedural matters

      1. 60. Unified citation provisions

      2. 61. Citation other than by service of indictment or complaint

      3. 62. Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

      4. 63. Adjournment at first diet in summary proceedings

      5. 64. Review hearing of drug treatment and testing order

      6. 65. Transcript of record

      7. 66. Bail and related matters

      8. 67. Adjournment of case before sentence

  9. Part 9

    Bribery and corruption

    1. 68. Bribery and corruption: foreign officers etc.

    2. 69. Bribery and corruption committed outwith UK

  10. Part 10

    Criminal records

    1. 70. Registration for criminal records purposes

  11. Part 11

    Local authority functions

    1. 71. Advice, guidance and assistance to persons arrested or on whom sentence deferred

    2. 72. Grants to local authorities discharging certain functions jointly

  12. Part 12

    Miscellaneous and general

    1. Miscellaneous

      1. 73. Public defence

      2. 74. Offences aggravated by religious prejudice

      3. 75. Reintroduction of ranks of deputy chief constable and chief superintendent

      4. 76. Police custody and security officers

      5. 77. Wildlife offences

      6. 78. Disqualification from jury service

      7. 79. Separation of jury after retiral

      8. 80. Television link from court to prison or other place of detention

      9. 81. Warrants issued in Northern Ireland for search of premises in Scotland

      10. 82. Use of electronic communications or electronic storage in connection with warrants to search

      11. 83. Anti-social behaviour strategies

    2. General

      1. 84. Transitional provisions etc.

      2. 85. Minor and consequential amendments

      3. 86. Repeals

      4. 87. Interpretation

      5. 88. Orders

      6. 89. Short title and commencement

    1. Schedule 1

      Order for lifelong restriction: modification of enactments

    2. Schedule 2

      Constitution etc. of the Risk Management Authority

    3. Schedule 3

      Wildlife offences

    4. Schedule 4

      Minor and consequential amendments

    5. Schedule 5

      Repeals

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.

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