Law

Criminal Law (Consolidation) (Scotland) Act 1995

United Kingdom · statute

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In force since 2024-08-28, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 84 provisions
  1. Title and introductory text
  2. 1 Incest.
  3. 2 Intercourse with step-child.
  4. 3 Intercourse of person in position of trust with child under 16.
  5. 4 Proceedings and penalties for offences under sections 1 and 2.
  6. 5 Intercourse with girl under 16.
  7. 6 Indecent behaviour towards girl between 12 and 16.
  8. 7 Procuring.
  9. 8 Abduction and unlawful detention.
  10. 9 Permitting girl to use premises for intercourse.
  11. 10 Seduction, prostitution, etc., of girl under 16.
  12. 11 Trading in prostitution and brothel-keeping.
  13. 12 Allowing child to be in brothel.
  14. 12A Sections 11(5) and 12: further provision
  15. 13 Living on earnings of another from male prostitution
  16. 14 Power, on indictment for rape, etc., to convict of other offences.
  17. 15 Defence to charge of indecent assault.
  18. 16 Power of search.
  19. 16A Conspiracy or incitement to commit certain sexual acts outside the United Kingdom.
  20. 16B Commission of certain sexual acts outside the United Kingdom.
  21. 17 Liability to other criminal proceedings.
  22. 18 Designation of sports grounds and sporting events.
  23. 19 Alcohol on vehicles.
  24. 20 Sporting events: controls.
  25. 21 Police powers of enforcement.
  26. 22 Presumption as to contents of container.
  27. 23 Interpretation of Part II.
  28. 23A Investigation of offences by Her Majesty's Revenue and Customs
  29. 23B Production orders
  30. 23C Production orders: supplementary
  31. 23D Offences in relation to production orders
  32. 23E Revenue and Customs warrants
  33. 23F Procedure where documents etc removed
  34. 23G Access to and copies of documents etc removed
  35. 23H Failure to comply with requirements of section 23F and 23G
  36. 23J Confidentiality
  37. 23K Meaning of “document” etc
  38. 23L Cross-border exercise of powers
  39. 23M Powers relating to suspects and potential witnesses
  40. 23N Fingerprinting of persons suspected of offences
  41. 23P Offences arising from breach of requirements under sections 23M and 23N
  42. 24 Detention and questioning : Revenue and Customs, immigration and nationality offences
  43. 24A Extension of period of detention under section 24
  44. 24B Extension under section 24A: procedure
  45. 25 Right to have someone informed when detained.
  46. 25A Right of suspects to have access to a solicitor
  47. 26 Detention in connection with certain drug smuggling offences.
  48. 26A Power of arrest
  49. 26B Interpretation of Part 3 etc
  50. 26C Investigations by designated customs officials
  51. 27 Lord Advocate’s direction.
  52. 28 Powers of investigation.
  53. 29 Offences in relation to investigations under section 28.
  54. 30 Disclosure of information.
  55. 31 Order to make material available.
  56. 32 Authority for search.
  57. 33 Interpretation of sections 31 and 32.
  58. 34 Prosecution by order of the Commissioners of Customs and Excise.
  59. 35 Disclosure of information held by government departments.
  60. 36 Offence of prejudicing investigation.
  61. 37 Acquisition, possession or use of proceeds of drug trafficking.
  62. 38 Offence of assisting another to retain the proceeds of drug trafficking.
  63. 39 Failure to disclose knowledge or suspicion of money laundering.
  64. 40 Tipping-off.
  65. 41 Offences relating to controlled drugs: fines.
  66. 42 Extension of certain offences to Crown servants and exemptions for regulators etc.
  67. 43 Interpretation of Part V.
  68. 44 False statements and declarations.
  69. 45 Provisions supplementary to section 44.
  70. 46 Proceedings.
  71. 46A False monetary instruments
  72. 47 Prohibition of the carrying of offensive weapons.
  73. 48 Search for offensive weapons.
  74. 49 Offence of having in public place article with blade or point.
  75. 49A Offence of having article with blade or point (or offensive weapon) on school premises.
  76. 49B Power of entry to search for articles with a blade or point and offensive weapons.
  77. 49C Offence of having offensive weapon etc. in prison
  78. 50 Extension of constable’s power to stop, search and arrest without warrant.
  79. 50A Racially-aggravated harassment.
  80. 51 Reset.
  81. 52 Vandalism.
  82. 53 Short title, commencement and extent.
  83. 1 Notes:
  84. 2 Notes:

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84 provisions

52 Vandalism.

(1) Subject to subsection (2) below, any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism. (2) It shall not be competent to charge acts which constitute the offence of wilful fire-raising as vandalism under this section. (3) Any person convicted of the offence of vandalism shall be liable on summary conviction— (a) in the district court, to imprisonment for a term not exceeding 60 days, or to a fine not exceeding level 3 on the standard scale, or to both; (b) in the sheriff court— (i) for a first such offence, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995), or to both; and (ii) for any subsequent such offence, to imprisonment for a term not exceeding 6 months, or to the fine mentioned in sub-paragraph (i) above, or to both.

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53 Short title, commencement and extent.

(1) This Act may be cited as the Criminal Law (Consolidation) (Scotland) Act 1995. (2) This Act shall come into force on 1 April 1996. (3) Subject to subsection (4) below, this Act extends only to Scotland. (4) Section 35(10) to (12) of this Act extends also to England and Wales and sections 27 to 29 of this Act and this section extend also to England and Wales and Northern Ireland.

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1 Notes:

This Table shows the derivation of the provisions of the Act.

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2 Notes:

The following abbreviations are used in the Table:— Acts of Parliament 1933 | = False Oaths (Scotland) Act 1933 (c. 20) 1976 | = Sexual Offences (Scotland) Act 1976 (c. 67) 1980 | = Criminal Justice (Scotland) Act 1980 (c. 62) 1987 | = Criminal Justice (Scotland) Act 1987 (c. 41) 1988 | = Criminal Justice Act 1988 (c. 33) 1993 | = Criminal Justice Act 1993 (c. 36) 1994 | = Drug Trafficking Act 1994 (c. 37) 1995 | = Criminal Justice (Scotland) Act 1995 (1995 c. 20) 1995CP | = Criminal Justice (Consequential Provisions) (Scotland) Act (1995 c. 40) 1995CLC | = Criminal Law (Consolidation) (Scotland) Act 1995 (1995 c. 39) Provision | Derivation 1 | 1976 s.2A; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 2 | 1976 s.2B; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 3 | 1976 s.2C; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1 4 | 1976 s.2D; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1; 1987 Sch.2 5(1), (2) | 1976 s.3 (3) — (7) | 1976 s.4; Incest and Related Offences (Scotland) Act 1986 (c. 36) Sch.1 §.4; Criminal Justice (Scotland) Act 1995 (c. 20) Sch.6 §. 6 | 1976 s.5 7(1) | 1976 s.1 (2), (3) | 1976 s.2 (4) | 1976 s.17 8(1), (2) | 1976 s.8 (3) — (5) | 1976 s.9 9 | 1976 s.10 10 | 1976 s.11 11(1) — (4) | 1976 s.12 (5), (6) | 1976 s.13(1) 12 | 1976 s.14; Criminal Procedure (Scotland) Act 1975 (c. 21) Sch.7A; Criminal Law Act 1977 (c. 45) Sch.11 13 | 1980 s.80; Mental Health (Scotland) Act 1984 (c. 36) Sch.5; Criminal Justice and Public Order Act 1994 (c. 33) ss.145(2), 146(2) 14 | 1976 s.15 15 | 1976 s.6 16 | 1976 s.18 17 | 1976 s.19 18 | 1980 s.68; Sporting Events (Control of Alcohol etc.) Act 1985 (c.57) s.10 19(1) | 1980 s.69 (2) | 1980 s.70 (3) — (6) | 1980 s.70A; Public Order Act 1986 (c. 64) Sch.1 §.10 (7) | 1980 s.71; Public Order Act 1986 (c. 64) Sch.1 §.11 20(1) | 1980 s.72(1) (2) | 1980 s.73 (3) — (6) | 1980 s.72A(1) — (4); Public Order Act 1986 (c. 64) Sch.1 §.14 (7) | 1980 s.74 (8) | 1980 ss.72(2), (3), 72A(5); Public Order Act 1986 (c. 64) Sch.1 §.14 21 | 1980 s.75; Public Order Act 1986 (c. 64) Sch.1 §.12 22 | 1980 s.76; Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Sch.8 §.30 23 | 1980 s.77; Sporting Events (Control of Alcohol etc.) Act 1985 (c.57) s.10; Public Order Act 1986 (c. 64) Sch.1 §.13 24 | 1987 s.48; Criminal Justice and Public Order Act 1994 (c. 33) s.129(4), (5) 25 | 1987 s.49; Criminal Justice and Public Order Act 1994 (c. 33) s.129(6); Children (Scotland) Act 1995 (c. 36) Sch.3 §.[39] 26 | 1987 s.50 27 | 1987 s.51; Criminal Justice and Public Order Act 1994 (c. 33) s.164(3) 28 | 1987 s.52; 1988 Sch.15 §.117; Criminal Justice and Public Order Act 1994 (c. 33) s.164(4) 29 | 1987 s.53 30 | 1987 s.54; 1988 Sch.15 §.111; S.I. 1989/2405 Sch.9 Pt.II §.58 31 | 1987 s.38; 1988 Sch.5 §.23 32 | 1987 s.39 33 | 1987 s.40 34 | 1987 s.40A; 1993 s.20(2) 35 | 1987 s.41 36 | 1987 s.42; 1993 s.26(2) 37 | 1987 s.42A; 1993 s.17(1) 38 | 1987 s.43; 1993 s.19(2), (3) 39 | 1987 s.43A; 1993 s.19(1) 40 | 1987 s.43B; 1993 s.19(1) 41 | 1987 s.44 42 | 1987 s.46A; 1993 Sch.4 §.2 43 | 1987 s.47(1)(part) — (4) 44(1) | 1933 s.1; Criminal procedure (Scotland) Act 1975 s.221(1) (2) | 1933 s.2; Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 35) Sch.1 (3) | 1933 s.3 (4) | Criminal Justice (Scotland) Act 1949 (c. 94) s.42(1) 45(1), (2) | 1933 s.4 (3) — (5) | 1933 s.6 46(1) | 1933 s.7(1) (2) | 1933 s.5 (3) | Criminal Justice (Scotland) Act 1949 (c. 94) s.42(2) (4) | 1933 s.7(2) 47 | 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 48 | 1980 s.4 49 | Carrying of Knives (Scotland) Act 1993 (c. 13) s.1; Council Directive 80/181 (Approximation of Laws Relating to Units of Measurement) 50 | Carrying of Knives (Scotland) Act 1993 (c. 13) s.2 51 | Criminal Procedure (Scotland) Act 1975 (c. 21) s.59 52 | 1980 s.78 53(1), (2) | Drafting (3), (4) | 1987 s.72(1), (4)

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