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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£6.45 FREE Shipping

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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 F94it 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; i) is intended to amount to harassment of that person; or (ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or (b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress. The maximum penalty on conviction on indictment is seven years imprisonment and/or an unlimited fine. 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.

shall be guilty of an offence, unless the accused proves that subsection (2) below applies in his or her case. 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 Carrying of Knives (Scotland) Act 1993 (c. 13) s.1; Council Directive 80/181 (Approximation of Laws Relating to Units of Measurement) a) obtain information about that person's circumstances from an officer of a local authority or otherwise and consider that information; and Section 13 (homosexual offences) provides that a homosexual act (defined as sodomy or an act of gross indecency or shameless indecency by one male person with another male person) in private is not an offence provided that the parties consent and have attained the age of 16. This is subject to certain limitations, set out in the section. Acts in public lavatories are not to be treated as taking place in private. It is an offence to commit or be party to the commission of, or to procure or attempt to procure a homosexual act a) other than in private; b) without the consent of the parties to the act; and c) with a person under the age of 16. It is a defence to a charge under c) that the person so charged being under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of sixteen years. A boy under 16 does not commit an offence if the other party is over 16. It is an offence to procure or attempt to procure the commission of a homosexual act between two other male persons. The maximum penalty for these offences on indictment is 2 years imprisonment and/or an unlimited fine, and on summary conviction 12 months imprisonment and a fine not exceeding the prescribed sum.

Section 17 (Liability to other criminal proceedings) preserves the effect of the common law and other enactments dealing with sexual offences, but prevents a person being punished twice for the same conduct. Section 25 provides that where a person is detained under section 24, he is entitled to have intimation of his detention and of the place of detention sent to a solicitor and to one other person named by him without delay, and the person is to be informed of this entitlement. Where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, this is to be done with no more delay than is so necessary. Where the detained person is a child (under 16), notification is to be sent to the child's parent, who is entitled to attend. public service vehicle” has the same meaning as in the M8Public Passenger Vehicles Act 1981 and “ operator” in relation to such a vehicle means— F43“ railway vehicle ” means a railway vehicle within the meaning of section 83 of the Railways Act 1993 (c.43) that is used in the provision of a railway service within the meaning of section 82 of that Act (excluding the wider meaning of “railway” given by section 81(2) of that Act); 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 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. 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. Section 9 makes it an offence for the owner, occupier or manager of premises to induce or knowingly suffer a girl under 16 to use premises for unlawful sexual intercourse. It is a defence to this offence that the accused, 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. The Sexual Offences (Scotland) Act 2009 amended the defence in section 9 so that it applies to any person (with some exceptions), and not just to a man under the age of 24. 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] 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.b) even where traced through or to any person whose parents are not or have not been married to one another. 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 Section 11 (Trading in prostitution and brothel keeping) makes it an offence for a male to knowingly live, wholly or partly on the earnings of prostitution. It is also an offence for a female, for the purpose of gain, to exercise 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. The maximum penalty on indictment for these offences is 7 years imprisonment, or 12 months on summary conviction.



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