(1) Where at any diet in proceedings on indictment in the sheriff court, sentence falls to be imposed but the sheriff holds that any competent sentence which he can impose is inadequate or it appears to him that the criteria mentioned in section 210E of this Act (that is to say, the risk criteria) may be met so that , in either case, the question of sentence is appropriate for the High Court, he shall—
(a) endorse upon the record copy of the indictment a certificate of the plea or the verdict, as the case may be;
(b) by interlocutor written on the record copy remit the convicted person to the High Court for sentence; and
(c) append to the interlocutor a note of his reasons for the remit,
and a remit under this section shall be sufficient warrant to bring the accused before the High Court for sentence and shall remain in force until the person is sentenced.
(2) Where under any enactment an offence is punishable on conviction on indictment by imprisonment for a term exceeding five years but the enactment either expressly or impliedly restricts the power of the sheriff to impose a sentence of imprisonment for a term exceeding five years, it shall be competent for the sheriff to remit the accused to the High Court for sentence under subsection (1) above; and it shall be competent for the High Court to pass any sentence which it could have passed if the person had been convicted before it.
(3) When the Clerk of Justiciary receives the record copy of the indictment he shall send a copy of the note of reasons to the convicted person or his solicitor and to the Crown Agent.
(4) Subject to subsection (3) above, the note of reasons shall be available only to the High Court and the parties.
(1) In determining what sentence to pass on, or what other disposal or order to make in relation to, an offender who has pled guilty to an offence, a court shall take into account—
(a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and
(b) the circumstances in which that indication was given.
(1A) In passing sentence on an offender referred to in subsection (1) above, the court shall—
(a) state whether, having taken account of the matters mentioned in paragraphs (a) and (b) of that subsection, the sentence imposed in respect of the offence is different from that which the court would otherwise have imposed; and
(b) if it is not, state reasons why it is not.
(1B) Subsection (1C) applies where—
(a) the court is making an order for lifelong restriction to which section 205ZB applies in respect of an offender or imposing on an offender—
(i) a serious terrorism sentence of imprisonment under section 205ZA(2),
(ii) a serious terrorism sentence of detention under section 205ZA(6),
(iii) a sentence of imprisonment for life to which section 205ZB applies, or
(iv) a sentence of detention for life to which section 205ZB applies, and
(b) the offender has pled guilty to the offence for which the offender is being sentenced.
(1C) The court may, after taking into account the matters mentioned in paragraphs (a) and (b) of subsection (1), impose as the appropriate custodial term or, as the case may be, specify as the punishment part, a term of any length which is not less than 80 per cent of the term which would otherwise be required.
(2) Where the court is passing sentence on an offender under section 205B(2) of this Act and that offender has pled guilty to the offence for which he is being so sentenced, the court may, after taking into account the matters mentioned in paragraphs (a) and (b) of subsection (1) above, pass a sentence of less than seven years imprisonment or, as the case may be, detention but any such sentence shall not be of a term of imprisonment or period of detention of less than five years, two hundred and nineteen days.
Without prejudice to any rule of law, a court in passing sentence shall have regard to any relevant opinion pronounced under section 118(7) or section 189(7) of this Act.
(1) In any case the sentence to be pronounced shall be announced by the judge in open court and shall be entered in the record in the form prescribed by Act of Adjournal.
(2) In recording a sentence of imprisonment, it shall be sufficient to minute the term of imprisonment to which the court sentenced the accused, without specifying the prison in which the sentence is to be carried out; and an entry of sentence, signed by the clerk of court, shall be full warrant and authority for any subsequent execution of the sentence and for the clerk to issue extracts for the purposes of execution or otherwise.
(3) In extracting a sentence of imprisonment, the extract may be in the form set out in an Act of Adjournal or as nearly as may be in such form.
(1) Subject to subsection (3) below, where a person is convicted of the contravention of an enactment and the penalty which may be imposed involves—
(a) imprisonment;
(b) the imposition of a fine;
(c) the finding of caution for good behaviour or otherwise whether or not imposed in addition to imprisonment or a fine,
subsection (2) below shall apply.
(2) Where this subsection applies, the court, in addition to any other power conferred by statute, shall have power—
(a) to reduce the period of imprisonment;
(b) to substitute for imprisonment a fine (either with or without the finding of caution for good behaviour);
(c) to substitute for imprisonment or a fine the finding of caution;
(d) to reduce the amount of the fine;
(e) to dispense with the finding of caution.
(3) Subsection (2) above shall not apply—
(a) in relation to an enactment which carries into effect a treaty, convention, or agreement with a foreign state which stipulates for a fine of a minimum amount; or
(b) to proceedings taken under any Act relating to any of Her Majesty’s regular or auxiliary forces. ; or
(c) to any proceedings in which the court on conviction is under a duty to impose a sentence under section 205A(2) or 205B(2) of this Act.
(4) Where, in summary proceedings, a fine is imposed in substitution for imprisonment, the fine—
(a) in the case of an offence which is triable either summarily or on indictment, shall not exceed the prescribed sum; and
(b) in the case of an offence triable only summarily, shall not exceed level 4 on the standard scale.
(5) Where the finding of caution is imposed under this section—
(a) in respect of an offence which is triable only summarily, the amount shall not exceed level 4 on the standard scale and the period shall not exceed that which the court may impose under this Act; and
(b) in any other case, the amount shall not exceed the prescribed sum and the period shall not exceed 12 months.
200 Remand for inquiry into physical or mental condition.
(1) Without prejudice to any powers exercisable by a court under section 201 of this Act, where—
(a) the court finds that an accused has committed an offence punishable with imprisonment; and
(b) it appears to the court that before the method of dealing with him is determined an inquiry ought to be made into his physical or mental condition,
subsection (2) below shall apply.
(2) Where this subsection applies the court shall—
(a) for the purpose of inquiry solely into his physical condition, remand him in custody or on bail;
(b) for the purpose of inquiry into his mental condition (whether or not in addition to his physical condition), remand him in custody or on bail or, where the court is satisfied—
(i) on the written or oral evidence of a medical practitioner, that the person appears to be suffering from a mental disorder; and
(ii) that the accused could be admitted to a hospital that is suitable for his detention,
make an order committing him to that hospital,
for such period or periods, no single period exceeding three weeks, as the court thinks necessary to enable a medical examination and report to be made.
(3) Where the court is of the opinion that a person ought to continue to be committed to hospital for the purpose of inquiry into his mental condition following the expiry of the period specified in an order for committal to hospital under paragraph (b) of subsection (2) above, the court may—
(a) if the condition in sub-paragraph (i) of that paragraph continues to be satisfied and he could be admitted to a hospital that is suitable for his continued detention, renew the order for such further period not exceeding three weeks as the court thinks necessary to enable a medical examination and report to be made; and
(b) in any other case, remand the person in custody or on bail in accordance with subsection (2) above.
(4) An order under subsection (3)(a) above may, unless objection is made by or on behalf of the person to whom it relates, be made in his absence.
(5) Where, before the expiry of the period specified in an order for committal to hospital under subsection (2)(b) above, the court considers, on an application made to it, that committal to hospital is no longer required in relation to the person, the court shall revoke the order and may make such other order, under subsection (2)(a) above or any other provision of this Part of this Act, as the court considers appropriate.
(6) Where an accused is remanded on bail under this section, it shall be a condition of the order granting bail that he shall—
(a) undergo a medical examination by a duly qualified registered medical practitioner or, where the inquiry is into his mental condition, and the order granting bail so specifies, two such practitioners; and
(b) for the purpose of such examination, attend at an institution or place, or on any such practitioner specified in the order granting bail and, where the inquiry is into his mental condition, comply with any directions which may be given to him for the said purpose by any person so specified or by a person of any class so specified,
and, if arrangements have been made for his reception, it may be a condition of the order granting bail that the person shall, for the purpose of the examination, reside in an institution or place specified as aforesaid, not being an institution or place to which he could have been remanded in custody, until the expiry of such period as may be so specified or until he is discharged therefrom, whichever first occurs.
(7) On exercising the powers conferred by this section to remand in custody or on bail the court shall—
(a) where the person is remanded in custody, send to the institution or place in which he is detained; and
(b) where the person is released on bail, send to the institution or place at which or the person by whom he is to be examined,
a statement of the reasons for which it appears to the court that an inquiry ought to be made into his physical or mental condition, and of any information before the court about his physical or mental condition.
(8) On making an order of committal to hospital under subsection (2)(b) above the court shall send to the hospital specified in the order a statement of the reasons for which the court is of the opinion that an inquiry ought to be made into the mental condition of the person to whom it relates, and of any information before the court about his mental condition.
(9) A person remanded under this section may , before the expiry of the period of 24 hours beginning with his remand, appeal to the appropriate Appeal Court by note of appeal against the refusal of bail or against the conditions imposed and a person committed to hospital under this section may , at any time during the period when the order for his committal, or, as the case may be, renewal of such order, is in force, appeal to the appropriate Appeal Court by note of appeal against the order of committal . . . . . . , and the appropriate Appeal Court, either in court or in chambers, may after hearing parties—
(a) review the order and grant bail on such conditions as it thinks fit; or
(b) confirm the order; or
(c) in the case of an appeal against an order of committal to hospital, revoke the order and remand the person in custody.
(9A) A note of appeal under subsection (9) above is to be—
(a) lodged with the clerk of the court from which the appeal is to be taken; and
(b) sent without delay by that clerk (where not the clerk of the appropriate Appeal Court) to the clerk of the appropriate Appeal Court.
(10) The court may, on cause shown, vary an order for committal to hospital under subsection (2)(b) above by substituting another hospital for the hospital specified in the order.
(11) Subsection (2)(b) above shall apply to the variation of an order under subsection (10) above as it applies to the making of an order for committal to hospital.
(12) In this section—
“appropriate Appeal Court” means—
in the case of an appeal under subsection (9) against a decision of the High Court, that Court;
in the case of an appeal under subsection (9) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and
“the clerk of the appropriate Appeal Court” means—
in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;
in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.
201 Power of court to adjourn case before sentence.
(1) Where an accused has been convicted or the court has found that he committed the offence and before he has been sentenced or otherwise dealt with, subject to subsection (3) below, the court may adjourn the case for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with his case.
(2) Where the court adjourns a case solely for the purpose mentioned in subsection (1) above, it shall remand the accused in custody or on bail or ordain him to appear at the adjourned diet.
(3) Subject to section 21(9) of the Criminal Justice (Scotland) Act 2003 (asp 7), a court shall not adjourn the hearing of a case as mentioned in subsection (1) above for any single period exceeding four weeks or, on cause shown, eight weeks.
(4) An accused who is remanded under this section may appeal to the appropriate Appeal Court against the refusal of bail or against the conditions imposed within 24 hours of his remand, by note of appeal . . . , and the appropriate Appeal Court, either in court or in chambers, may . . . —
(a) review the order appealed against and either grant bail on such conditions as it thinks fit or ordain the accused to appear at the adjourned diet; or
(b) confirm the order.
(5) A note of appeal under subsection (4) above is to be—
(a) lodged with the clerk of the court from which the appeal is to be taken; and
(b) sent without delay by that clerk (where not the clerk of the appropriate Appeal Court) to the clerk of the appropriate Appeal Court.
(6) In this section—
“appropriate Appeal Court” means—
in the case of an appeal under subsection (4) against a decision of the High Court, that Court;
in the case of an appeal under subsection (4) against a decision of a sheriff (whether in solemn or summary proceedings) or a JP court, the Sheriff Appeal Court; and
“the clerk of the appropriate Appeal Court” means—
in a case where the High Court is the appropriate Appeal Court, the Clerk of Justiciary;
in a case where the Sheriff Appeal Court is the appropriate Appeal Court, the Clerk of that Court.
(1) It shall be competent for a court to defer sentence after conviction for a period and on such conditions as the court may determine.
(2) If it appears to the court which deferred sentence on an accused under subsection (1) above that he has been convicted during the period of deferment, by a court in any part of the United Kingdom or , where the court which deferred sentence considers appropriate, by a court in any member State of the European Union of an offence committed during that period and has been dealt with for that offence, the court which deferred sentence may—
(a) issue a warrant for the arrest of the accused; or
(b) instead of issuing such a warrant in the first instance, issue a citation requiring him to appear before it at such time as may be specified in the citation,
and on his appearance or on his being brought before the court it may deal with him in any manner in which it would be competent for it to deal with him on the expiry of the period of deferment.
(3) Where a court which has deferred sentence on an accused under subsection (1) above convicts him of another offence during the period of deferment, it may deal with him for the original offence in any manner in which it would be competent for it to deal with him on the expiry of the period of deferment, as well as for the offence committed during the said period.
(1) Where a person specified in section 27(1)(b)(i) to (vi) of the Social Work (Scotland) Act 1968 commits an offence, the court shall not dispose of the case without obtaining from the local authority in whose area the person resides a report as to—
(a) the circumstances of the offence; and
(b) the character of the offender, including his behaviour while under the supervision, or as the case may be subject to the order, so specified in relation to him.
(1A) However, if there is available to the court a report from a local authority—
(a) of the kind described in subsection (1)(b) above; and
(b) which was prepared in relation to the person not more than 3 months before the person was convicted of the offence,
the court need not obtain another report of that kind before disposing of the case unless it considers, following representations made by or on behalf of the person as to the person's circumstances, that it is appropriate to obtain another report.
(1B) Nothing in subsection (1) or (1A) above requires the court to obtain a report if the court is satisfied, having regard to its likely method of dealing with the case before it for disposal, that the report would not be of any material assistance.
(2) In subsection (1) above, “the court” does not include a JP court .
(3) Where, in any case, a report by an officer of a local authority is made to the court with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence, a copy of the report shall be given by the clerk of the court to
(a) the offender,
(b) the offender's solicitor (if any), and
(c) the prosecutor.
(1) This section applies where an organisation is convicted of an offence.
(2) Before dealing with the organisation in respect of the offence, the court may obtain a report into the organisation's financial affairs and structural arrangements.
(3) The report is to be prepared by a person appointed by the court.
(4) The person appointed to prepare the report is referred to in this section as the “reporter”.
(5) The court may issue directions to the reporter about—
(a) the information to be contained in the report,
(b) the particular matters to be covered by the report,
(c) the time by which the report is to be submitted to the court.
(6) The court may order the organisation to give the reporter and any person acting on the reporter's behalf—
(a) access at all reasonable times to the organisation's books, documents and other records,
(b) such information or explanation as the reporter thinks necessary.
(7) The reporter's costs in preparing the report are to be paid by the clerk of court, but the court may order the organisation to reimburse to the clerk all or a part of those costs.
(8) An order under subsection (7) may be enforced by civil diligence as if it were a fine.
(9) On submission of the report to the court, the clerk of court must provide a copy of the report to—
(a) the organisation,
(b) the organisation's solicitor (if any), and
(c) the prosecutor.
(10) The court must have regard to the report in deciding how to deal with the organisation in respect of the offence.
(11) If the court decides to impose a fine, the court must, in determining the amount of the fine, have regard to—
(a) the report, and
(b) if the court makes an order under subsection (7), the amount of costs that the organisation is required to reimburse under the order.
(12) Where the court—
(a) makes an order under subsection (7), and
(b) imposes a fine on the organisation,
any payment by the organisation is first to be applied in satisfaction of the order under subsection (7).
(13) Where the court also makes a compensation order in respect of the offence, any payment by the organisation is first to be applied in satisfaction of the compensation order before being applied in accordance with subsection (12).
204 Restrictions on passing sentence of imprisonment or detention.
(1) A court shall not pass a sentence of imprisonment or of detention in respect of any offence, nor impose imprisonment, or detention, under section 214(2) of this Act in respect of failure to pay a fine, on an accused who is not legally represented in that court and has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom or or, where the court passing sentence considers appropriate, by a court in any member State of the European Union, unless the accused either—
(a) applied for legal aid and the application was refused on the ground that he was not financially eligible; or
(b) having been informed of his right to apply for legal aid, and having had the opportunity, failed to do so.
(2) A court shall not pass a sentence of imprisonment on a person of or over twenty-one years of age who has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom or or, where the court passing sentence considers appropriate, by a court in any member State of the European Union unless the court considers that no other method of dealing with him is appropriate; . . ..
(2A) For the purpose of determining under subsection (2) above whether any other method of dealing with such a person is appropriate, the court , unless it has made a risk assessment order in respect of the person, shall take into account—
(a) such information as it has been able to obtain from an officer of a local authority or otherwise about his circumstances;
(b) any information before it concerning his character and mental and physical condition;
(c) its power to make a hospital direction in addition to imposing a sentence of imprisonment.
(3) Where a court of summary jurisdiction passes a sentence of imprisonment on any such person as is mentioned in subsection (2) above, the court shall state the reason for its opinion that no other method of dealing with him is appropriate, and shall have that reason entered in the record of the proceedings.
(3A) A court must not pass a sentence of imprisonment for a term of 12 months or less on a person unless the court considers that no other method of dealing with the person is appropriate.
(3B) Where a court passes such a sentence, the court must—
(a) state its reasons for the opinion that no other method of dealing with the person is appropriate, and
(b) have those reasons entered in the record of the proceedings.
(3C) The Scottish Ministers may by order made by statutory instrument substitute for the number of months for the time being specified in subsection (3A) another number of months.
(3D) An order under subsection (3C) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.
(3E) A modification of the number of months specified in subsection (3A), by an order made under subsection (3C), applies only to offences committed on or after the date on which the modification comes into force.
(4) The court shall, for the purpose of determining whether a person has been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom—
(a) disregard a previous sentence of imprisonment which, having been suspended, has not taken effect under section 23 of the Powers of Criminal Courts Act 1973 or under section 19 of the Treatment of Offenders Act (Northern Ireland) 1968;
(b) construe detention as meaning —
(i) in relation to Scotland, detention in a young offenders institution or detention centre;
(ii) in relation to England and Wales a sentence of youth custody, borstal training or detention in a young offender institution or detention centre; and
(iii) in relation to Northern Ireland, detention in a young offenders centre.
(4A) The court shall, for the purpose of determining whether a person has been previously sentenced to imprisonment or detention by a court in a member State of the European Union ...—
(a) disregard any previous sentence of imprisonment which, being the equivalent of a suspended sentence, has not taken effect;
(b) construe detention as meaning an equivalent sentence to any of those mentioned in subsection (4)(b).
(4B) Any issue of equivalence arising in pursuance of subsection (4A) is for the court to determine.
(5) This section does not affect the power of a court to pass sentence on any person for an offence the sentence for which is fixed by law.
(6) In this section—
“legal aid” means legal aid for the purposes of any part of the proceedings before the court;
“legally represented” means represented by counsel or a solicitor at some stage after the accused is found guilty and before he is dealt with as referred to in subsection (1) above.
204A Restriction on consecutive sentences for released prisoners.
A court sentencing a person to imprisonment or other detention shall not order or direct that the term of imprisonment or detention shall commence on the expiration of any other such sentence from which he has been released at any time under the existing or new provisions within the meaning of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(1) This section applies in respect of sentencing for offences committed after the coming into force of this section.
(2) Where, in solemn proceedings, the court sentences a person to imprisonment or other detention, the court may—
(a) if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or
(b) if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.
(3) Where, in such proceedings, it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.
(4) Where the court sentences a person to a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time, the court may, if the person is serving or is liable to serve for any offence—
(a) a previous sentence of imprisonment or other detention the term of which is not treated as part of a single term under section 27(5) of the 1993 Act; or
(b) two or more previous sentences of imprisonment or other detention the terms of which are treated as a single term under that section of that Act,
frame the sentence to take effect on the day after the person would (but for the sentence so framed and disregarding any subsequent sentence) be entitled to be released under the provisions referred to in section 204A of this Act as respects the sentence or sentences.
(5) Subsection (4)(a) above shall not apply where the sentence is a sentence from which he has been released at any time under the provisions referred to in section 204A of this Act.
(6) In this section, any reference to a punishment part of a sentence shall be construed by reference to—
(a) the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or
(b) any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance)(Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,
and “ the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9).
(7) This section is without prejudice to any other power under any enactment or rule of law as respects sentencing.
(1) Subject to subsections (2) and (3) and section 205Dbelow, a person convicted of murder shall be sentenced to imprisonment for life.
(2) Where a person convicted of murder is a child he shall not be sentenced to imprisonment for life but to be detained without limit of time and shall be liable to be detained in such place (in any part of the United Kingdom), and under such conditions, as the Secretary of State may , subject to section 208A, direct.
(3) Where a person convicted of murder has attained the age of 18 years but is under the age of 21 years he shall not be sentenced to imprisonment for life but to be detained in a young offenders institution and shall be liable to be detained for life.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies where—
(a) a person is convicted on indictment of a serious terrorism offence,
(b) the offence was committed on or after the day on which section 6 of the Counter-Terrorism and Sentencing Act 2021 comes into force,
(c) the offender was aged 18 or over when the offence was committed,
(d) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further serious terrorism offences or other terrorism offences to which section 210A applies,
(e) the court does not impose a sentence of imprisonment for life or a sentence of detention for life in a young offenders institution,
(f) the court does not make an order for lifelong restriction, and
(g) the risk of multiple deaths condition is met.
(2) Where the offender is 21 years of age or over, the court must impose a serious terrorism sentence of imprisonment unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to the offence or to the offender, and
(b) justify not doing so.
(3) The risk of multiple deaths condition is that the court is of the opinion that—
(a) either—
(i) the serious terrorism offence, or
(ii) the combination of the offence and one or more offences associated with it,
was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000), and
(b) the offender was, or ought to have been, aware of that likelihood.
(4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred.
(5) A serious terrorism sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(6) Where the offender is under 21 years of age, the court must impose a serious terrorism sentence of detention unless the court is of the opinion that there are exceptional circumstances which—
(a) relate to the offence or to the offender, and
(b) justify not doing so.
(7) A serious terrorism sentence of detention is a sentence of detention in a young offenders institution the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(8) The appropriate custodial term is—
(a) 14 years, or
(b) if longer, the term of imprisonment or, as the case may be, detention that would be imposed in respect of the offence if the court did not impose a serious terrorism sentence of imprisonment or, as the case may be, a serious terrorism sentence of detention (or a sentence under section 205ZC or an extended sentence under section 210A).
(9) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other terrorism offences to which section 210A applies (but subject to subsection (10)).
(10) The extension period must—
(a) be at least 7 years, and
(b) not exceed 25 years.
(11) Before forming an opinion for the purposes of subsection (1)(d), the court must—
(a) consider a report by a relevant officer of a local authority about the offender and the offender's circumstances, and
(b) if the court thinks it necessary, hear that officer.
(12) In this section—
“local authority” and “relevant officer” have the meanings given by section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
“serious terrorism offence” means an offence that—
is specified in Part 1 of Schedule 5ZA, or
is specified in Part 2 of that Schedule and has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008.
205ZB Minimum punishment part where life sentence imposed for serious terrorism offence
(1) This section applies where—
(a) section 205ZA(1)(a) to (d) and (f) applies in relation to a person, and
(b) the court—
(i) imposes a sentence of imprisonment for life or a sentence of detention for life in a young offenders institution on the person, or
(ii) makes an order for lifelong restriction in respect of the person.
(2) In making under section 2(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 an order mentioned in section 2(2) of that Act in respect of the offender, the court must specify a punishment part of at least 14 years (but subject to subsection (3) and section 196(1C) of this Act).
(3) The punishment part may be less than 14 years if the court is of the opinion that there are exceptional circumstances which—
(a) relate to the offence or to the offender, and
(b) justify a lesser period.
(4) Before forming an opinion for the purposes of section 205ZA(1)(d) (by virtue of subsection (1)), the court must—
(a) consider a report by a relevant officer of a local authority about the offender and the offender's circumstances, and
(b) if the court thinks it necessary, hear that officer.
(5) In this section, “local authority” and “relevant officer” have the meanings given by section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(1) This section applies where—
(a) a person is convicted on indictment of a terrorism offence on or after the day on which section 23 of the Counter-Terrorism and Sentencing Act 2021 comes into force, and
(b) the court does not impose one of the following for the offence—
(i) a sentence of imprisonment for life to which section 205ZB applies,
(ii) a sentence of imprisonment for life to which section 205ZB does not apply but which is imposed for a terrorism offence,
(iii) a sentence of detention for life to which section 205ZB applies,
(iv) a sentence of detention for life to which section 205ZB does not apply but which is imposed for a terrorism offence (or a sentence of detention without limit of time so imposed),
(v) an order for lifelong restriction to which section 205ZB applies,
(vi) an order for lifelong restriction to which section 205ZB does not apply but which is imposed for a terrorism offence,
(vii) a serious terrorism sentence of imprisonment under section 205ZA(2),
(viii) a serious terrorism sentence of detention under section 205ZA(6), or
(ix) an extended sentence under section 210A.
(1A) This section also applies where—
(a) a person is convicted on indictment of an offence specified in Part 2 of Schedule 5ZB on or after the day on which section 8 of the Sentencing Act 2026 comes into force, and
(b) the court does not impose one of the following for the offence or for an offence associated with it—
(i) a sentence of imprisonment for life,
(ii) a sentence of detention for life,
(iii) an order for lifelong restriction under section 210F,
(iv) a serious terrorism sentence of imprisonment under section 205ZA(2),
(v) a serious terrorism sentence of detention under section 205ZA(6), or
(vi) an extended sentence under section 210A.
(1B) For the purposes of subsection (1A), an offence is associated with another if—
(a) the offender—
(i) is convicted of it in the proceedings in which the offender is convicted of the other offence, or
(ii) (although convicted of it in earlier proceedings) is sentenced for it at the same time as being sentenced for that offence, or
(b) in the proceedings in which the offender is sentenced for the other offence, the offender—
(i) admits having committed it, and
(ii) asks the court to take it into consideration in sentencing for that other offence.
(2) But this section does not apply where—
(a) the offender is under the age of 18 when convicted of the offence, and
(b) the offence was committed —
(i) if the offence is a terrorism offence, before the day on which section 23 of the Counter-Terrorism and Sentencing Act 2021 came into force;
(ii) if the offence is an offence specified in Part 2 of Schedule 5ZB, before the day on which section 8 of the Sentencing Act 2026 came into force.
(3) If the court decides to impose a sentence of imprisonment and the offender is 21 years of age or over, the court must impose a sentence of imprisonment the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(4) If the offender is at least 18 years of age but under 21 (other than an offender falling within subsection (5)) and the court decides to impose a sentence of detention, the court must impose a sentence of detention in a young offenders institution the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(5) If the offender is a child and the court decides to impose a sentence of detention, the court must impose a sentence of detention in such place and on such conditions as may be directed under section 208 the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period of 1 year for which the offender is to be subject to a licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(6) The “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.
(7) The term of a sentence of imprisonment or, as the case may be, a sentence of detention, imposed under this section for an offence must not exceed the term that, at the time the offence was committed, was the maximum term permitted for the offence.
(8) In this section, “terrorism offence” means—
(a) an offence that is specified in Part 1 of Schedule 5ZB, or
(b) any other offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008.
(9) In the case of an offence specified in paragraph 4(b) of Schedule 5ZB (breach of foreign travel restriction order), this section applies in relation to convictions on or after the day on which paragraph 2 of Schedule 27 to the Crime and Policing Act 2026 comes into force.
205B Minimum sentence for third conviction of certain offences relating to drug trafficking.
(1) This section applies where—
(a) a person is convicted on indictment in the High Court of a class A drug trafficking offence committed after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;
(b) at the time when that offence was committed, he had attained the age of at least 18 years and had two previous convictions for relevant offences, irrespective of—
(i) whether either of those offences was committed before or after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;
(ii) the court in which any such conviction was obtained; and
(iii) his age at the time of the commission of either of those offences; and
(c) one of the offences mentioned in paragraph (b) above was committed after he had been convicted of the other.
(1A) In subsection (1), “ relevant offence ” means—
(a) in relation to a conviction by a court in any part of the United Kingdom, a class A drug trafficking offence;
(b) in relation to a conviction by a court in a member State of the European Union which the court passing sentence considers appropriate to take into account, an offence that is equivalent to a class A drug trafficking offence.
(1B) Any issue of equivalence arising in pursuance of subsection (1A)(b) is for the court to determine.
(2) Subject to subsection (3) below, where this section applies the court shall sentence the person—
(a) where he has attained the age of 21 years, to a term of imprisonment of at least seven years; and
(b) where he has attained the age of 18 years but is under the age of 21 years, to detention in a young offenders institution for a period of at least seven years.
(3) The court shall not impose the sentence otherwise required by subsection (2) above where it is of the opinion that there are specific circumstances which—
(a) relate to any of the offences or to the offender; and
(b) would make that sentence unjust.
(4) For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a class A drug trafficking offence shall not be regarded as a sentence fixed by law for that offence.
(5) In this section “ class A drug trafficking offence ” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—
“ class A drug ” has the same meaning as in the Misuse of Drugs Act 1971;
“ drug trafficking offence ” means an offence specified in paragraph 2 or (so far as it relates to that paragraph) paragraph 10 of Schedule 4 to the Proceeds of Crime Act 2002;
(6) Any reference in this section to a previous conviction includes, where relevant, a conviction by a court in any part of the United Kingdom or in any member State of the European Union.
205C Meaning of “conviction” for purposes of sections 205A and 205B.
(1) For the purposes of paragraph (b) of subsection (1) of each of sections 205A and 205B of this Act “ conviction ” includes—
(a) a finding of guilt in respect of which the offender was admonished under section 181 of the Criminal Procedure (Scotland) Act 1975 (admonition); and
(b) a conviction for which an order is made placing the offender on probation,
and related expressions shall be construed accordingly.
(2) This subsection applies where a person has at any time been convicted of an offence under—
(a) section 70 of the Army Act 1955;
(b) section 70 of the Air Force Act 1955; or
(c) section 42 of the Naval Discipline Act 1957.
(3) Where subsection (2) above applies and the corresponding civil offence (within the meaning of the Act under which the offence was committed) was—
(a) a relevant offence within the meaning of section 205A of this Act; or
(b) a Class A drug trafficking offence within the meaning of section 205B of this Act,
that section shall have effect as if he had been convicted in England and Wales of the corresponding civil offence.
205D Only one sentence of imprisonment for life to be imposed in any proceedings
Where a person is convicted on the same indictment of more than one offence for which the court must impose or would, apart from this section, have imposed a sentence of imprisonment for life, only one such sentence shall be imposed in respect of those offences.
(1) It shall not be competent to impose imprisonment on a person under 21 years of age.
(2) Subject to sections 205(2) and (3) , 205ZA(6), 205ZC(4), 205A(2)(b) and 205B(2)(b) of this Act and to subsections (3) and (4) below, a court may impose detention (whether by way of sentence or otherwise) on a person, who is not less than 18 but under 21 years of age, where but for subsection (1) above the court would have power to impose a period of imprisonment; and a period of detention imposed under this section on any person shall not be less than the minimum nor more thanthe maximum period of imprisonment which might otherwise have been imposed.
(3) The court shall not under subsection (2) above impose detention on an offender unless it is of the opinion that no other method of dealing with him is appropriate; and the court shall state its reasons for that opinion, and, except in the case of the High Court, those reasons shall be entered in the record of proceedings.
(3A) Subsections (2) and (3) above are subject to—
(a) section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and
(b) section 29(8) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).
(4) To enable the court to form an opinion under subsection (3) above, it shall obtain from an officer of a local authority or otherwise such information as it can about the offender’s circumstances; and it shall also take into account any information before it concerning the offender’s character and physical and mental condition.
(4A) In forming an opinion under subsection (3) above the court shall take into account its power to make a hospital direction in addition to imposing a period of detention.
(4B) Subsections (4) and (4A) above apply to the forming of an opinion under the enactments mentioned in subsection (3A) above as they apply to the forming of an opinion under subsection (3) above.
(5) A sentence of detention imposed under this section shall be a sentence of detention in a young offenders institution.
208 Detention of children convicted on indictment.
(1) Subject to sections 205 and 205ZC(5) of this Act and subsection (3) below , where a child is convicted on indictment and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place (in any part of the United Kingdom) and on such conditions as the Secretary of State may , subject to section 208A, direct.
(1A) Where the court imposes a sentence of detention on a child, the court must—
(a) state its reasons for the opinion that no other method of dealing with the child is appropriate, and
(b) have those reasons entered in the record of the proceedings.
(2) Subsections (1) and (1A) above are subject to—
(a) section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and
(b) section 29(9) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).
(3) If the child is under the age of 16 years, the power conferred by subsection (1) above shall not be exercisable in respect of a conviction for an offence under section 9(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) or that section as applied by section 234AA(11) of this Act.
208A Detention of children under sections 205(2) and 208(1)
(1) This section applies where a child is sentenced—
(a) to be detained without limit of time under section 205(2), or
(b) to be detained under section 208(1).
(2) The Scottish Ministers may not direct under section 205(2) or, as the case may be, 208(1) that a child be detained in a prison or a young offenders institution.
(3) The Scottish Ministers may direct that a child be detained in secure accommodation.
(4) The Scottish Ministers may by regulations make provision about the detention in secure accommodation of children to whom this section applies.
(5) Regulations under subsection (4) may, in particular, make provision about the circumstances in which such children may remain in secure accommodation despite attaining the age of 18 years (provided that no person may remain in such accommodation after attaining the age of 19 years).
(6) Regulations under subsection (4) are subject to the affirmative procedure.
(7) In this section, “secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011.
(1) Where a person is convicted on indictment of an offence , other than a sexual offence within the meaning of section 210A of this Act, and is sentenced to imprisonment for a term of . . . less than four years, the court on passing sentence may, if it considers that it is necessary to do so to protect the public from serious harm from the offender on his release, make such order as is mentioned in subsection (3) below.
(2) A court shall, before making an order under subsection (1) above, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.
(3) The order referred to in subsection (1) above (to be known as a “supervised release order”) is that the person, during a relevant period—
(a) be under the supervision . . . of a relevant officer of a local authority or of an officer of a local probation board appointed for or assigned to a petty sessions area or (as the case may be) an officer of a provider of probation services acting in a local justice area (such local authority or the justices for such area to be designated under section 14(4) or 15(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993);
(b) comply with;
(i) such requirements as may be imposed by the court in the order; and
(ii) such requirements as that officer may reasonably specify,
for the purpose of securing the good conduct of the person or preventing, or lessening the possibility of, his committing a further offence (whether or not an offence of the kind for which he was sentenced); and
(c) comply with the standard requirements imposed by virtue of subsection (4)(a)(i) below.
(4) A supervised release order—
(a) shall—
(i) without prejudice to subsection (3)(b) above, contain such requirements (in this section referred to as the “standard requirements”); and
(ii) be as nearly as possible in such form,
as may be prescribed by Act of Adjournal;
(b) for the purposes of any appeal or review constitutes part of the sentence of the person in respect of whom the order is made; and
(c) shall have no effect during any period in which the person is subject to a licence under Part I of the said Act of 1993.
(5) Before making a supervised release order as respects a person the court shall explain to him, in as straightforward a way as is practicable, the effect of the order and the possible consequences for him of any breach of it.
(6) The clerk of the court by which a supervised release order is made in respect of a person shall—
(a) forthwith send a copy of the order to the person and to the Secretary of State; and
(b) within seven days after the date on which the order is made, send to the Secretary of State such documents and information relating to the case and to the person as are likely to be of assistance to a supervising officer.
(7) In this section—
“relevant officer” has the same meaning as in Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
“relevant period” means such period as may be specified in the supervised release order, being a period—
not exceeding twelve months after the date of the person’s release; and
no part of which is later than the date by which the entire term of imprisonment specified in his sentence has elapsed; and
“supervising officer” means, where an authority has or justices have been designated as is mentioned in subsection (3)(a) above for the purposes of the order, any relevant officer or, as the case may be, officer of a local probation board or officer of a provider of probation services who is for the time being supervising for those purposes the person released.
(7A) Where a person—
(a) is serving a sentence of imprisonment and on his release from that sentence will be subject to a supervised release order; and
(b) is sentenced to a further term of imprisonment, whether that term is to run consecutively or concurrently with the sentence mentioned in paragraph (a) above,
the relevant period for any supervised release order made in relation to him shall begin on the date when he is released from those terms of imprisonment; and where there is more than one such order he shall on his release be subject to whichever of them is for the longer or, as the case may be, the longest period.
(7B) A supervised release order made in relation to a person is to be taken to be of no effect if the person becomes a long-term prisoner, as defined in section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, because of the treating of—
(a) a sentence in association with which the order is made, and
(b) any other sentence (whenever imposed on the person),
together as a single term by virtue of section 27(5) of that Act.
(8) This section applies to a person sentenced under section 207 of this Act as it applies to a person sentenced to a period of imprisonment.
(1) A court, in passing a sentence of imprisonment or detention on a person for an offence, shall—
(a) in determining the period of imprisonment or detention, have regard to any period of time spent in custody by the person on remand awaiting trial or sentence, or spent in custody awaiting extradition to the United Kingdom otherwise than from a category 1 territory , or spent in hospital awaiting trial or sentence by virtue of an assessment order, a treatment order or an interim compulsion order or by virtue of an order made under section . . . 200 of this Act;
(b) specify the date of commencement of the sentence; and
(c) if the person—
(i) has spent a period of time in custody on remand awaiting trial or sentence; or
(ii) is an extradited prisoner who was extradited to the United Kingdom otherwise than from a category 1 territory, ; or
(iii) has spent a period of time in hospital awaiting trial or sentence by virtue of an assessment order, a treatment order or an interim compulsion order or by virtue of an order made under section . . . 200 of this Act,
and the date specified under paragraph (b) above is not earlier than the date on which sentence was passed, state its reasons for not specifying an earlier date so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003 ..., abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above.
(1A) Subsection (1B) applies where—
(a) a court is passing a sentence of imprisonment or detention on a person for an offence, and
(b) the person is an extradited prisoner who was extradited to the United Kingdom from a category 1 territory.
(1B) The court shall specify—
(a) the period of time spent in custody awaiting extradition, and
(b) the date of commencement of the sentence in accordance with subsection (1C).
(1C) The date of commencement of the sentence is to be a date the relevant number of days earlier than the date the sentence would have commenced had the person not spent time in custody awaiting extradition.
(1D) In subsection (1C), “the relevant number of days” means the number of days in the period specified under subsection (1B)(a).
(2) A prisoner is an extradited prisoner for the purposes of this section if—
(a) he was tried for the offence in respect of which his sentence of imprisonment was imposed—
(i) after having been extradited to the United Kingdom; and
(ii) without having first been restored to the state from which he was extradited or having had an opportunity of leaving the United Kingdom; and
(b) he was for any period in custody while awaiting such extradition.
(2A) In this section, “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
210ZA Consideration of time spent on electronically monitored bail
(1) This section applies where—
(a) a court passes a sentence of imprisonment or detention on a person for an offence, and
(b) the person has spent a period of time (“the bail period”) on qualifying bail awaiting trial or sentence.
(2) When passing the sentence, the court must—
(a) have regard to the bail period,
(b) specify, in accordance with subsection (3), a period of time (“the relevant period”) which is to be treated as a period of time spent in custody by the person, and
(c) unless the relevant period is nil, direct (for the purpose of executing the sentence) that the person is to be treated as having served either—
(i) the sentence in full, where the relevant period is equal to or greater than the sentence passed, or
(ii) such part of the sentence as is equal to the relevant period, where the relevant period is less than the sentence passed.
(3) The relevant period is to be the period equal to one-half of either of the following (rounded up, as necessary, to the nearest whole day)—
(a) the bail period, or
(b) the bail period less such period (whether all or part of the bail period) as the court considers appropriate to disregard.
(4) Where the court specifies the relevant period in accordance with subsection (3)(b), it must state its reasons for disregarding all or (as the case may be) part of the bail period.
(5) Nothing in this section affects the application of section 210 to any period of time which the person may additionally have spent in custody or in hospital as described in that section.
(6) For the purposes of this section—
(a) “qualifying bail” means bail subject to a condition—
(i) which requires the person to remain at one or more specified places for a total period (whether or not continuous) of not less than 9 hours in any given day, and
(ii) in relation to which the person is required to submit to monitoring in accordance with Part 1 of the Management of Offenders (Scotland) Act 2019 (electronic monitoring etc.),
(b) references to the bail period are references to the period beginning on the day on which the person is granted qualifying bail and ending on the day before the day on which the person ceases to be on qualifying bail.
(7) The Scottish Ministers may by regulations—
(a) modify—
(i) the meaning of “qualifying bail” or “the bail period” given by subsection (6),
(ii) the meaning of “the relevant period” given by subsection (3),
(b) further modify this section, or modify any other enactment, to make such further provision for the purposes of this section as the Scottish Ministers consider appropriate.
(8) Regulations under subsection (7)—
(a) may include incidental, supplementary, consequential, transitional, transitory or saving provision,
(b) are subject to the affirmative procedure.
210A Extended sentences for sex, violent and terrorist offenders.
(1) Where a person is convicted on indictment of a sexual , violent or terrorism offence, the court may, if it—
(a) intends, in relation to—
(i) a sexual offence, to pass a determinate sentence of imprisonment; or
(ii) a violent or terrorism offence, to pass such a sentence for a term of four years or more; ...
(b) considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of protecting the public from serious harm from the offender, and
(c) is not required by section 205ZA to impose a serious terrorism sentence of imprisonment or a serious terrorism sentence of detention,
pass an extended sentence on the offender.
(2) An extended sentence is a sentence of imprisonment which is the aggregate of—
(a) the term of imprisonment (“ the custodial term ”) which the court would have passed on the offender otherwise than by virtue of this section; and
(b) a further period (“ the extension period ”) for which the offender is to be subject to a licence and which is, subject to the provisions of this section, of such length as the court considers necessary for the purpose mentioned in subsection (1)(b) above.
(3) The extension period shall not exceed, in the case of—
(a) a sexual offence, ten years; ...
(b) a violent offence, ten years, and
(c) a terrorism offence, ten years.
(4) A court shall, before passing an extended sentence, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.
(5) The term of an extended sentence passed for a statutory offence shall not exceed the maximum term of imprisonment provided for in the statute in respect of that offence.
(6) Subject to subsection (5) above, a sheriff may pass an extended sentence which is the aggregate of a custodial term not exceeding the maximum term of imprisonment which he may impose and an extension period not exceeding five years.
(7) The Secretary of State may by order—
(a) amend paragraph (b) of subsection (3) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph; and
(b) make such transitional provision as appears to him to be necessary or expedient in connection with the amendment.
(8) The power to make an order under subsection (7) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(9) An extended sentence shall not be imposed where the sexual or violent offence was committed before the commencement of section 86 of the Crime and Disorder Act 1998.
(10) For the purposes of this section—
“ licence ” and “ relevant officer ” have the same meaning as in Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
“ sexual offence ” means—
rape at common law;
clandestine injury to women;
abduction of a woman or girl with intent to rape or ravish;
abduction with intent to commit the statutory offence of rape;
assault with intent to rape or ravish;
assault with intent to commit the statutory offence of rape;
indecent assault;
lewd, indecent or libidinous behaviour or practices;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sodomy;
an offence under section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons;
an offence under section 52 of the Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children);
an offence under section 52A of that Act (possession of indecent images of children);
an offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest);
an offence under section 2 of that Act (intercourse with a stepchild);
an offence under section 3 of that Act (intercourse with child under 16 by person in position of trust);
an offence under section 5 of that Act (unlawful intercourse with girl under 16);
an offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16);
an offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse);
an offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16); . . .
an offence under subsection (5) of section 13 of that Act (homosexual offences); . . .
an offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust). . .
an offence under section 311(1) of the Mental Health (Care and Treatment)(Scotland) Act 2003 (asp 13)(non-consensual sexual acts).
an offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child following certain preliminary conduct);
an offence under section 9 of that Act (paying for sexual services of a child);
an offence under section 10 of that Act (causing or inciting provision by child of sexual services or child pornography);
an offence under section 11 of that Act (controlling a child providing sexual services or involved in pornography);
an offence under section 12 of that Act (arranging or facilitating provision by child of sexual services or child pornography). and
an offence which consists of a contravention of any of the following provisions of the Sexual Offences (Scotland) Act 2009 (asp 9)—
section 1 (rape),
section 2 (sexual assault by penetration),
section 3 (sexual assault),
section 4 (sexual coercion),
section 5 (coercing a person into being present during a sexual activity),
section 6 (coercing a person into looking at a sexual image),
section 7(1) (communicating indecently),
section 7(2) (causing a person to see or hear an indecent communication),
section 8 (sexual exposure),
section 9 (voyeurism),
section 11 (administering a substance for sexual purposes),
section 18 (rape of a young child),
section 19 (sexual assault on a young child by penetration),
section 20 (sexual assault on a young child),
section 21 (causing a young child to participate in a sexual activity),
section 22 (causing a young child to be present during a sexual activity)
section 23 (causing a young child to look at a sexual image),
section 24(1) (communicating indecently with a young child),
section 24(2) (causing a young child to see or hear an indecent communication),
section 25 (sexual exposure to a young child),
section 26 (voyeurism towards a young child),
section 28 (having intercourse with an older child),
section 29 (engaging in penetrative sexual activity with or towards an older child),
section 30 (engaging in sexual activity with or towards an older child),
section 31 (causing an older child to participate in a sexual activity),
section 32 (causing an older child to be present during a sexual activity),
section 33 (causing an older child to look at a sexual image),
section 34(1) (communicating indecently with an older child),
section 34(2) (causing an older child to see or hear an indecent communication),
section 35 (sexual exposure to an older child),
section 36 (voyeurism towards an older child),
section 37(1) (engaging while an older child in sexual conduct with or towards another older child),
section 37(4) (engaging while an older child in consensual sexual conduct with another older child),
section 42 (sexual abuse of trust),
section 46 (sexual abuse of trust of a mentally disordered person);
an offence (other than one mentioned in the preceding paragraphs) where the court determines for the purposes of this paragraph that there was a significant sexual aspect to the offender's behaviour in committing the offence;
“ imprisonment ” includes—
detention under section 207 of this Act; and
detention under section 208 of this Act; ...
“terrorism offence” means an offence that—
is specified in Part 1 of Schedule 5ZC, or
is specified in Part 2 of that Schedule and has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008;
“ violent offence ” means any offence (other than an offence which is a sexual offence within the meaning of this section) inferring personal violence.
(11) In subsection (10)
(a) any reference to a “ sexual offence ” includes?
(i) a reference to any attempt, conspiracy or incitement to commit that offence; and
(ii) except in the case of an offence under paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence;
(b) the references to “rape” in paragraphs (iii) and (iv) of the definition of “sexual offence” are to the offence of rape at common law; and
(c) the references to “the statutory offence of rape” in paragraphs (iiia) and (iva) of that definition are (as the case may be) to?
(i) the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or
(ii) the offence of rape of a young child under section 18 of that Act.
(12) An extended sentence may be passed by reference to paragraph (xxviii) only if the offender is or is to become, by virtue of Schedule 3 to the Sexual Offences Act 2003 (c.42), subject to the notification requirements of Part 2 of that Act.
210AA Extended sentences for certain other offenders
Where a person is convicted on indictment of abduction but the offence is other than is mentioned in paragraph (iii) of the definition of “sexual offence” in subsection (10) of section 210A of this Act, that section shall apply in relation to the person as it applies in relation to a person so convicted of a violent offence.
(1) When sentencing a person convicted of an offence listed in subsection (2)(b), the court must have particular regard to the aim of ensuring that the victim is not the subject of a further such offence committed by the convicted person.
(2) For the purpose of subsection (1)—
(a) “victim” means the person against whom the offence was committed,
(b) the list is—
(i) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018,
(ii) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
(1) This subsection applies where it falls to the High Court to impose sentence on a person convicted of an offence other than murder and that offence—
(a) is (any or all)—
(i) a sexual offence (as defined in section 210A(10) of this Act);
(ii) a violent offence (as so defined);
(iii) an offence which endangers life; or
(b) is an offence the nature of which, or circumstances of the commission of which, are such that it appears to the court that the person has a propensity to commit any such offence as is mentioned in sub-paragraphs (i) to (iii) of paragraph (a) above.
(2) Where subsection (1) above applies, the court, at its own instance or (provided that the prosecutor has given the person notice of his intention in that regard) on the motion of the prosecutor, if it considers that the risk criteria may be met, shall make an order under this subsection (a “ risk assessment order ”) unless—
(a) the court makes an interim compulsion order by virtue of section 210D(1) of this Act in respect of the person; or
(b) the person is subject to an order for lifelong restriction previously imposed.
(3) A risk assessment order is an order—
(a) for the convicted person to be taken to a place specified in the order, so that there may be prepared there—
(i) by a person accredited for the purposes of this section by the Risk Management Authority; and
(ii) in such manner as may be so accredited,
a risk assessment report (that is to say, a report as to what risk his being at liberty presents to the safety of the public at large); and
(b) providing for him to be remanded in custody there for so long as is necessary for those purposes and thereafter there or elsewhere until such diet as is fixed for sentence.
(4) On making a risk assessment order, the court shall adjourn the case for a period not exceeding ninety days.
(5) The court may on one occasion, on cause shown, extend the period mentioned in subsection (4) above by not more than ninety days; and it may exceptionally, where by reason of circumstances outwith the control of the person to whom it falls to prepare the risk assessment report (the “ assessor ”), or as the case may be of any person instructed under section 210C(5) of this Act to prepare such a report, the report in question has not been completed, grant such further extension as appears to it to be appropriate.
(6) There shall be no appeal against a risk assessment order or against any refusal to make such an order.
(1) The assessor may, in preparing the risk assessment report, take into account not only any previous conviction of the convicted person , including a conviction by a court in any part of the United Kingdom or in any member State of the European Union, but also any allegation that the person has engaged in criminal behaviour (whether or not that behaviour resulted in prosecution and acquittal).
(2) Where the assessor, in preparing the risk assessment report, takes into account any allegation that the person has engaged in criminal behaviour, the report is to—
(a) list each such allegation;
(b) set out any additional evidence which supports the allegation; and
(c) explain the extent to which the allegation and evidence has influenced the opinion included in the report under subsection (3) below.
(3) The assessor shall include in the risk assessment report his opinion as to whether the risk mentioned in section 210B(3)(a) of this Act is, having regard to such standards and guidelines as are issued by the Risk Management Authority in that regard, high, medium or low.
(4) The assessor shall submit the risk assessment report to the High Court by sending it, together with such documents as are available to the assessor and are referred to in the report, to the Principal Clerk of Justiciary, who shall then send a copy of the report and of those documents to the prosecutor and to the convicted person.
(5) The convicted person may, during the period of his detention at the place specified in the risk assessment order, himself instruct the preparation (by a person other than the assessor) of a risk assessment report; and if such a report is so prepared then the person who prepares it shall submit it to the court by sending it, together with such documents as are available to him (after any requirement under subsection (4) above is met) and are referred to in the report, to the Principal Clerk of Justiciary, who shall then send a copy of it and of those documents to the prosecutor.
(6) When the court receives the risk assessment report submitted by the assessor a diet shall be fixed for the convicted person to be brought before it for sentence.
(7) If, within such period after receiving a copy of that report as may be prescribed by Act of Adjournal, the convicted person intimates, in such form, or as nearly as may be in such form, as may be so prescribed—
(a) that he objects to the content or findings of that report; and
(b) what the grounds of his objection are,
the prosecutor and he shall be entitled to produce and examine witnesses with regard to—
(i) that content or those findings; and
(ii) the content or findings of any risk assessment report instructed by the person and duly submitted under subsection (5) above.
210D Interim hospital order and assessment of risk
(1) Where subsection (1) of section 210B of this Act applies, the High Court, if—
(a) it may make an interim compulsion order in respect of the person under section 53 of this Act; and
(b) it considers that the risk criteria may be met,
shall make such an order unless the person is subject to an order for lifelong restriction previously imposed.
(2) Where an interim compulsion order is made by virtue of subsection (1) above, a report as to the risk the convicted person’s being at liberty presents to the safety of the public at large shall be prepared by a person accredited for the purposes of this section by the Risk Management Authority and in such manner as may be so accredited.
(3) Section 210C(1) to (4) and (7)(except paragraph (ii)) of this Act shall apply in respect of any such report as it does in respect of a risk assessment report.
For the purposes of sections 195(1), 210B(2), 210D(1) and 210F(1) and (3) of this Act, the risk criteria are that the nature of, or the circumstances of the commission of, the offence of which the convicted person has been found guilty either in themselves or as part of a pattern of behaviour are such as to demonstrate that there is a likelihood that he, if at liberty, will seriously endanger the lives, or physical or psychological well-being, of members of the public at large.
210EA Application of certain sections of this Act to proceedings under section 210C(7)
(1) Sections 271 to 271M, 274 to 275C and 288C to 288F of this Act (in this section referred to as the “ applied sections ”) apply in relation to proceedings under section 210C(7) of this Act as they apply in relation to proceedings in or for the purposes of a trial, references in the applied sections to the “trial” and to the “trial diet” being construed accordingly.
(2) But for the purposes of this section the references—
(a) in sections 271(1)(a) and 271B(1)(b) to the date of commencement of the proceedings in which the trial is being held or is to be held; and
(b) in section 288E(2)(b) to the date of commencement of the proceedings,
are to be construed as references to the date of commencement of the proceedings in which the person was convicted of the offence in respect of which sentence falls to be imposed (such proceedings being in this section referred to as the “ original proceedings ”).
(3) And for the purposes of this section any reference in the applied sections to—
(a) an “accused” (or to a person charged with an offence) is to be construed as a reference to the convicted person except that the reference in section 271(2)(e)(iii) to an accused is to be disregarded;
(b) an “alleged” offence is to be construed as a reference to any or all of the following—
(i) the offence in respect of which sentence falls to be imposed;
(ii) any other offence of which the convicted person has been convicted;
(iii) any alleged criminal behaviour of the convicted person; and
(c) a “ complainer ” is to be construed as a reference to any or all of the following—
(i) the person who was the complainer in the original proceedings;
(ii) in the case of any such offence as is mentioned in paragraph (b)(ii) above, the person who was the complainer in the proceedings relating to that offence;
(iii) in the case of alleged criminal behaviour if it was alleged behaviour directed against a person, the person in question.
(4) Where—
(a) any person who is giving or is to give evidence at an examination under section 210C(7) of this Act gave evidence at the trial in the original proceedings; and
(b) a special measure or combination of special measures was used by virtue of section 271A, 271C or 271D of this Act for the purpose of taking the person's evidence at that trial,
that special measure or, as the case may be, combination of special measures is to be treated as having been authorised, by virtue of the same section, to be used for the purpose of taking the person's evidence at or for the purposes of the examination.
(5) Subsection (4) above does not affect the operation, by virtue of subsection (1) above, of section 271D of this Act.
210F Order for lifelong restriction or compulsion order
(1) The High Court, at its own instance or on the motion of the prosecutor, if it is satisfied, having regard to—
(a) any risk assessment report submitted under section 210C(4) or (5) of this Act;
(b) any report submitted by virtue of section 210D of this Act;
(c) any evidence given under section 210C(7) of this Act; and
(d) any other information before it,
that, on a balance of probabilities, the risk criteria are met, shall , in a case where it may make a compulsion order in respect of the convicted person under section 57A of this Act, either make such an order or make an order for lifelong restriction in respect of that person and in any other case make an order for lifelong restriction in respect of that person.
(2) An order for lifelong restriction constitutes a sentence of imprisonment, or as the case may be detention, for an indeterminate period.
(3) The prosecutor may, on the grounds that on a balance of probabilities the risk criteria are met, appeal against any refusal of the court to make an order for lifelong restriction.
210G Disposal of case where certain orders not made
(1) Where, in respect of a convicted person—
(a) a risk assessment order is not made under section 210B(2) of this Act, or (as the case may be) an interim compulsion order is not made by virtue of section 210D(1) of this Act, because the court does not consider that the risk criteria may be met; or
(b) the court considers that the risk criteria may be met but a risk assessment order, or (as the case may be) an interim compulsion order, is not so made because the person is subject to an order for lifelong restriction previously imposed,
the court shall dispose of the case as it considers appropriate.
(2) Where, in respect of a convicted person, an order for lifelong restriction is not made under section 210F of this Act because the court is not satisfied (in accordance with subsection (1) of that section) that the risk criteria are met, the court, in disposing of the case, shall not impose on the person a sentence of imprisonment for life, detention for life or detention without limit of time.
(1) This subsection applies where a person falls to be sentenced—
(a) in the High Court for an offence (other than murder) mentioned in section 210B(1) of this Act; or
(b) in the sheriff court for such an offence prosecuted on indictment.
(2) Where subsection (1) above applies, the court shall, as soon as reasonably practicable, prepare a report in writing, in such form as may be prescribed by Act of Adjournal—
(a) as to the circumstances of the case; and
(b) containing such other information as it considers appropriate,
but no such report shall be prepared if a report is required to be prepared under section 21(4) of the Criminal Justice (Scotland) Act 2003 (asp 7).
(1) Where an accused who is convicted on indictment of any offence (whether triable only on indictment or triable either on indictment or summarily other than by virtue of section 292(6) of this Act) would apart from this subsection be liable to a fine of or not exceeding a specified amount, he shall by virtue of this subsection be liable to a fine of any amount.
(2) Where any Act confers a power by subordinate instrument to make a person liable on conviction on indictment of any offence mentioned in subsection (1) above to a fine or a maximum fine of a specified amount, or which shall not exceed a specified amount, the fine which may be imposed in the exercise of that power shall by virtue of this subsection be a fine of an unlimited amount.
(3) Any sentence or decree for any fine or expenses pronounced by a sheriff court or JP court may be enforced against the person or effects of any party against whom the sentence or decree was awarded—
(a) in the district where the sentence or decree was pronounced; or
(b) in any other such district.
(4) A fine imposed by the High Court shall be remitted for enforcement to, and shall be enforceable as if it had been imposed by—
(a) where the person upon whom the fine was imposed resides in Scotland, the sheriff for the district where that person resides; and
(b) where that person resides outwith Scotland, the sheriff before whom he was brought for examination in relation to the offence for which the fine was imposed.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) All fines and expenses imposed in . . . proceedings under this Act shall be paid to the clerk of any court, or to any other person (or class of person) authorised by the Scottish Ministers for the purpose, to be accounted for . . . to the person entitled to such fines and expenses, and it shall not be necessary to specify in any sentence the person entitled to payment of such fines or expenses unless it is necessary to provide for the division of the penalty.
(7) A court in determining the amount of any fine to be imposed on an offender shall take into consideration, amongst other things, the means of the offender so far as known to the court.
(1) Where a court of summary jurisdiction imposes a fine on an offender, the court may order him to be searched, and any money found on him on apprehension or when so searched or when taken to prison or to a young offenders institution in default of payment of the fine, may, unless the court otherwise directs and subject to subsection (2) below, be applied towards payment of the fine, and the surplus if any shall be returned to him.
(2) Money shall not be applied as mentioned in subsection (1) above if the court is satisfied that it does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment or detention.
(3) When a court of summary jurisdiction, which has adjudged that a sum of money shall be paid by an offender, considers that any money found on the offender on apprehension, or after he has been searched by order of the court, should not be applied towards payment of such sum, the court, shall make a direction in writing to that effect which shall be written on the extract of the sentence which imposes the fine before it is issued by the clerk of the court.
(4) An accused may make an application to such a court either orally or in writing, through the governor of the prison in whose custody he may be at that time, that any sum of money which has been found on his person should not be applied in payment of the fine adjudged to be paid by him.
(5) A person who alleges that any money found on the person of an offender is not the property of the offender, but belongs to that person, may apply to such court either orally or in writing for a direction that the money should not be applied in payment of the fine adjudged to be paid, and the court after enquiry may so direct.
(6) A court of summary jurisdiction, which has adjudged that a sum of money shall be paid by an offender, may order the attendance in court of the offender, if he is in prison, for the purpose of ascertaining the ownership of money which has been found on his person.
(7) A notice in the form prescribed by Act of Adjournal, or as nearly as may be in such form, addressed to the governor of the prison in whose custody an offender may be at the time, signed by the judge of a court of summary jurisdiction shall be a sufficient warrant to the governor of such prison for conveying the offender to the court.