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 1 consolidates the offence of incest. It applies when a male and a female related in certain ways have sexual intercourse. It applies only to close relatives (father, son, grandfather, grandson, great grandfather, great grandson, brother, uncle, nephew, and female equivalents) and to current or former adoptive fathers, mothers, sons and daughters, and applies to both full blood and half blood relationships. There are defences where the accused proves that he did not know that the relationship existed, where the accused did not consent and where the parties were married outside Scotland. This section consolidates section 2A of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986. Section 13 also makes it an offence for a person to live wholly or in part on the earnings of another from male prostitution or to solicit or importune any male person for the purpose of procuring the commission of a homosexual act. The maximum penalty for these offences on indictment is 2 years imprisonment, and on summary conviction 12 months imprisonment. s.4; Incest and Related Offences (Scotland) Act 1986 (c. 36) Sch.1 §.4; Criminal Justice (Scotland) Act 1995 (c. 20) Sch.6 §. a) 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 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.

Section 24 gives officers of Her Majesty's Revenue and Customs power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence. The power applies only to offences relating to "assigned matters" (defined in section 1 of the Customs and Excise Management Act 1979 which are punishable by imprisonment. Subsections (5) and (8) set out various protections for the rights of the detained person. 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 a) 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 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—

Section 15 (defence to charge of indecent assault), which formerly provided that it was a defence to a charge of indecent assault committed against a girl under the age of 16 years that the person so charged has reasonable cause to believe that the girl was his wife, was repealed by the Criminal Justice (Scotland) Act 2003 An Act to consolidate for Scotland certain enactments creating offences and relating to criminal law there. a) on conviction on indictment, to imprisonment for any term of imprisonment up to and including life imprisonment; and Section 16A (Conspiracy or incitement to commit certain sexual acts outside the United Kingdom) makes it an offence for a person in Scotland to incite the commission of certain sexual offences outside the UK. The section was inserted by the Sexual Offences (Conspiracy and Incitement) Act 1996. The section formerly dealt with conspiracy as well as incitement, but this was removed by the Criminal Justice (Terrorism and Conspiracy) Act 1998, which made general provision for extraterritorial conspiracy offences. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. Section 7 creates a number of offences relating to procuring young women or girls to have unlawful sexual intercourse or to become prostitutes or to become an inmate of or frequent brothels. It also formerly criminalised the use of threats and intimidation, false pretences or drugs to procure a female (of any age) to have unlawful sexual intercourse. It also formerly criminalised inducing a woman to have sex by pretending to be her husband. The Sexual Offences (Scotland) Act 2009 repealed and replaced the second and third sets of offences under this section.

Text of the Criminal Law (Consolidation) (Scotland) Act 1995 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. b) even where traced through or to any person whose parents are not or have not been married to one another.

Changes over time for: Cross Heading: Vandalism

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— 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. Offensive weapons (section 47 to 50). Section 47 makes it an offence for a person to have any offensive weapon with him in a public place without lawful authority or reasonable excuse. Section 49 makes it an offence to have a bladed or sharply pointed article in a public place without good reason or lawful authority. There is a defence where the person had the article with him for use at work, for religious reasons or as part of any national costume (e.g. a sgian dubh or kirpan). The maximum penalty for these offences is 4 years imprisonment. Sections 48 and 50 provide for powers of search. These provisions were formerly in the Prevention of Crime Act 1953, the Criminal Justice (Scotland) Act 1980, and the Carrying of Knives etc. (Scotland) Act 1993. Section 26 provides further powers in connection with drug smuggling offences, where it is believed that a controlled drug is secreted in a person's body. The section authorises detention for up to 24 hours, the taking of blood and urine samples, intimate searches by a registered medical practitioner. The period of detention can be extended up to 7 days in certain circumstances on application by the procurator fiscal to the sheriff.

in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work); 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] 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.

Changes over time for: Criminal Law (Consolidation) (Scotland) Act 1995

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— I Sexual Offences 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 13 ensures that premises are treated for the purposes of sections 11 and 12 of this Act as a brothel whether they are used for homosexual or heterosexual activities.

Section 8 makes it illegal to detain a female against her will in a brothel, or in other premises for the purposes of unlawful sexual intercourse with men. The withholding of clothing is treated as a form of detention. 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. Section cited in: 11 cases, 15 Laws or Regulations Amended by 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. 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.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. a) 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 b) take into account any information before it which is relevant to his character and to his physical and mental condition.



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