Criminal Law (Consolidation) (Scotland) Act 1995

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Criminal Law (Consolidation) (Scotland) Act 1995

Criminal Law (Consolidation) (Scotland) Act 1995

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Section 14 (Power, on indictment for rape, etc., to convict of other offences.) provided that when is tried on indictment for [rape] or an offence under section 5(1) (unlawful sexual intercourse with girl under 13) and the jury are not satisfied that the accused is guilty of that offence (or an attempt), the accused may instead be convicted of an offence under - Section 19 creates offences of being in possession of alcohol, allowing the possession of alcohol, or being drunk on vehicles going to or from a designated sporting event. Section 10 makes it an offence for a person with parental responsibilities in relation to a girl under 16 to cause or encourage the seduction or prostitution, unlawful sexual intercourse or the commission of an indecent assault on her. a) that a suspected offence may involve serious or complex fraud; and (b) that, for the purpose of investigating the affairs or any aspect of the affairs of any person, there is good reason to do so. controlled container” means any bottle, can or other portable container, whether open or sealed, which is, or was, in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product F37or veterinary medicinal product for a medicinal purpose.

section 7(2) - threats, intimidation, false pretences &c, or administration of drugs to procure unlawful sexual intercourse Text of the Criminal Law (Consolidation) (Scotland) Act 1995 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.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— c) 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 c) 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. Section cited in: one case, 7 Laws or Regulations Amended by d) 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. Section cited in: one case, 6 Laws or Regulations Amended by

Section 20 creates offences of being in possession of a controlled container, a controlled article or substance or alcohol in a relevant area of a designated sports ground, or of attempting to enter the ground while in possession. Controlled articles/substances include fireworks, distress flares, fog signals and other substances that can be used as a flare. Controlled containers are those that could be used as a missile, e.g. a beer bottle. It is also an offence for a person to be drunk in the relevant area of a designated sports ground, or to attempt to enter the ground while drunk.Section 16B (Commission of certain sexual acts outside the United Kingdom) makes it an offence for a British citizen or resident to commit certain sexual offences outside the UK, provided that the conduct is also an offence in the country where it is committed. This section was inserted by the Sex Offenders Act 1997. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.

b) 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. Section 28 sets out special powers of investigation which are available when a direction has been made. A person nominated by the Lord Advocate may require the person under investigation, or anyone else who may have relevant information, to answer questions or furnish information or provide documents relevant to the investigation. There is power to obtain a search warrant where documents are not provided or for other special reasons. There are also protections for information subject to legal professional privilege. any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and 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 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 being made to him by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under corresponding legislation.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. Reset (section 51). Section 51 ensures that the offence of resetting of property extends to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition, as well as the receiving of property taken by theft or robbery. This provision was previously in the Criminal Procedure (Scotland) Act 1975. Proceedings in respect of an offence under section 1, 2 or 3 of this Act may be brought on indictment or, if the Lord Advocate so directs, on a summary complaint before the sheriff.

shall be guilty of an offence, unless the accused proves that subsection (2) below applies in his or her case. 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. In subsection (6) above, ‘local authority’ has the meaning assigned to it by section 1(2) of the Social Work (Scotland) Act 1968 . Section cited in: 2 cases, 7 Laws or Regulations Amended by Section 3 made it an offence for a person over the age of 16 to have sexual intercourse with a child under 16 where that person is a member of the same household as the child and is in a position of trust and authority in relation to that child. There were defences where the accused reasonably believed that the child had attained the age of 16, where the accused did not consent and where the parties were married outside Scotland. This section consolidated section 2C of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. [1]

Changes to legislation:

No prosecution shall be commenced for an offence under subsection (3) above more than one year after the commission of the offence. 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.



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