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Crime and Punishment (Scotland) Act 1997

1997 CHAPTER 48

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Sentencing

    1. Automatic sentences

      1. 1. Imprisonment for life on further conviction for certain offences.

      2. 2. Minimum sentence for third conviction of certain offences relating to drug trafficking.

      3. 3. Meaning of “conviction”.

      4. 4. Imposition of supervised release orders on conviction of qualifying offence.

    2. Restriction of liberty orders

      1. 5. Restriction of liberty orders.

    3. Mentally disordered offenders

      1. 6. Disposal in cases of mentally disordered offenders.

      2. 7. Effect of hospital direction.

      3. 8. Remand of persons suffering from mental disorder to private hospital.

      4. 9. Power to specify hospital unit.

      5. 10. Medical evidence in relation to mentally disordered offenders.

      6. 11. Increase in maximum period of interim hospital orders.

      7. 12. Sentence calculation where remand spent in hospital.

    4. Increases in sentencing powers and penalties

      1. 13. Increase in sentences available to sheriff and district courts.

      2. 14. Increase in maximum penalty for certain sexual offences.

    5. Powers of court to disqualify from driving

      1. 15. Driving disqualifications.

    6. Miscellaneous

      1. 16. Designated life prisoners.

  2. Part II

    Criminal Procedure

    1. Appeals

      1. 17. Right of appeal.

      2. 18. Automatic sentences: jurisdiction and appeals.

      3. 19. Appeal against automatic sentence where earlier conviction quashed.

      4. 20. Transfer of rights of appeal of deceased person.

      5. 21. Increased rights of appeal of prosecutor.

      6. 22. Appeal by prosecutor against hospital orders etc.

      7. 23. Appeals against orders under section 49 of the 1995 Act.

      8. 24. Suspension of certain sentences pending determination of appeal.

    2. The Scottish Criminal Cases Review Commission

      1. 25. Scottish Criminal Cases Review Commission.

    3. Evidential provisions

      1. 26. Evidence concerning certain orders.

      2. 27. Proof of age.

      3. 28. Evidence from certain official documents.

      4. 29. Evidence of vulnerable persons: special provisions.

      5. 30. Routine evidence.

      6. 31. Previous convictions in solemn proceedings.

      7. 32. Supervision and care of persons diverted from prosecution or subject to supervision requirement.

  3. Part III

    Prisoners

    1. Chapter I

      Early release

      1. Early release

        1. 33. Application of provisions with respect to early release.

        2. 34. Early release.

        3. 35. Prisoners held on remand.

        4. 36. Amendments to 1989 Act.

        5. 37. Suspension of period of early release.

        6. 38. Commission of offence within certain period of release from prison to be aggravation.

      2. Application of early release provisions in certain cases

        1. 39. Fine defaulters and persons convicted of contempt of court.

        2. 40. Persons liable to removal from the United Kingdom.

        3. 41. Mentally disordered offenders.

    2. Chapter II

      Treatment of prisoners

      1. 42. Testing of prisoners for alcohol.

      2. 43. Medical services in prisons.

      3. 44. Unlawful disclosure of information.

  4. Part IV

    Police

    1. Police funding and organisation

      1. 45. Police grant.

      2. 46. Common police services.

    2. Collection and use of records

      1. 47. Record of evidence taken from external parts of body.

      2. 48. Samples etc. from persons convicted of sexual and violent offences.

  5. Part V

    Criminal Legal Assistance

    1. 49. Criminal legal assistance.

    2. Employment of solicitors

      1. 50. Employment of solicitors in relation to criminal legal assistance.

    3. Fixed payments for criminal legal assistance

      1. 51. Fixed payments.

      2. 52. Contracts for the provision of criminal legal assistance.

    4. Powers of investigation

      1. 53. Power of investigation of Scottish Legal Aid Board.

      2. 54. Regulations in relation to criminal legal assistance.

  6. Part VI

    Miscellaneous and General

    1. Miscellaneous

      1. 55. Liberation of child by police.

      2. 56. Powers of the court on remand or committal of children and young persons.

      3. 57. Precognitions.

      4. 58. Information concerning jurors.

      5. 59. Certification of previous convictions in criminal proceedings.

      6. 60. Grants for forensic medical services.

      7. 61. Confiscation of alcohol from persons under 18.

    2. General

      1. 62. Minor and consequential amendments and repeals.

      2. 63. Financial provisions.

      3. 64. Interpretation.

      4. 65. Short title, commencement and extent.

  7. Schedules:

    1. Schedule 1

      Minor and Consequential Amendments.

    2. Schedule 2

      Transitional provisions with respect to early release.

    3. Schedule 3

      Repeals.

An Act to make provision as respects Scotland in relation to criminal appeals, the disposal of offenders, criminal procedure, evidence in criminal proceedings, the treatment and early release of prisoners, offences committed by newly released prisoners, criminal legal assistance, the police, confiscation of alcohol from persons under 18, sex offenders and the payment by the Lord Advocate of grants for the provision of forensic medical services; to enable courts in England and Wales and Northern Ireland to remit offenders to courts in Scotland in certain circumstances; to make amendments consequential upon the provisions of this Act to the law in other parts of the United Kingdom; and for connected purposes.

[21st March 1997]

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:—

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