Crime and Punishment (Scotland) Act 1997

50 Employment of solicitors in relation to criminal legal assistance.

After section 28 of the 1986 Act there shall be inserted the following section— Power of Board to employ solicitors to provide criminal assistance. 28A (1) The Secretary of State may, in accordance with the provisions of this section, provide for the carrying out of a study into the feasibility of providing criminal legal assistance by means of solicitors employed directly by the Board and, accordingly, may by regulations made under this section empower the Board to employ solicitors for the purpose of providing criminal legal assistance. (2) The Board shall not, by virtue of this section, employ more solicitors than are necessary to enable it to maintain at all times a working staff of such number of full-time or part-time solicitors as will equal six full-time solicitors; and any solicitor employed by the Board on a casual or temporary basis to fill a vacancy left by the absence on leave or because of illness of a permanent appointee shall require to be a registered solicitor. (3) The Secretary of State may authorise the Board to make such preparations for the feasibility study as will enable it to begin the study as soon as regulations under subsection (1) above come into force; and such preparations may relate to the purchase and equipping of heritable and moveable property and the employment of staff including, but only for the purposes of training, solicitors. (4) The provisions of paragraph 8 of Schedule 1 to this Act shall apply to solicitors employed by the Board by virtue of this section as they apply to employees appointed by the Board under that paragraph. (5) Regulations made by the Secretary of State under this section may make such provision as appears to him to be appropriate for the purposes of this section and, without prejudice to the generality of the foregoing, may— (a) specify in which area or areas employed solicitors are to be used; and (b) make different provision in relation to different areas. (6) Regulations under this section may provide that where the Board has by virtue of this section employed solicitors to provide criminal legal assistance in any area, the Board may, subject to subsection (7) below, require as many of the persons seeking criminal legal assistance in that area as it considers appropriate to instruct the solicitors employed by it. (7) In requiring persons seeking criminal legal assistance to instruct solicitors employed by the Board, the Board shall, where there is or may be a conflict of interest, make provision for any particular person to be re-allocated to another solicitor or, where registration is in force, to a registered solicitor in the area. (8) Regulations made under this section may make such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient. (9) Sections 26, 27 and 28 of this Act shall not apply in relation to solicitors employed by the Board by virtue of this section. (10) Within three years of the date on which regulations made under subsection (1) above first come into effect, the Secretary of State shall lay before each House of Parliament a report on the results of the feasibility study. (11) This section, and the provisions of this Act mentioned in subsection (12) below, shall cease to have effect five years after the date on which regulations made under subsection (1) above first come into effect. (12) The provisions referred to in subsection (11) above are— (a) in section 4, subsection (2)(aa) and (3)(ab); (b) in section 11— (i) in subsection (1) the words “or (3)”; and (ii) subsections (3) and (4); (c) in section 12(2), the words “; but does not apply to the salary payable to a solicitor employed by the Board by virtue of section 28A of this Act.”; (d) section 25A(4); (e) in section 25B(2), the words from “including” to the end; and (f) in section 31(1A), paragraph (c). (13) Prior to the date on which this section ceases to have effect the Board shall make arrangements for the transfer to solicitors or, where registration is in force, registered solicitors not employed by it of any work currently being undertaken by way of criminal legal assistance by solicitors employed by it by virtue of this section. (14) On the date when this section ceases to have effect the Board shall remove from the Register the name of any solicitor employed by it by virtue of this section who is not otherwise entitled to be registered. .

51 Fixed payments.

In section 33 of the 1986 Act (fees and outlays of counsel and solicitors), after subsection (3) there shall be inserted the following subsections— (3A) The Secretary of State may by regulations under this section prescribe fixed payments to be made to a solicitor in respect of— (a) his professional services in providing criminal legal assistance; and (b) such outlays as may be so prescribed. (3B) A solicitor who provides any criminal legal assistance in respect of which a fixed payment has been prescribed in regulations made under subsection (3A) above shall not be entitled to any other payment out of the Fund in respect of the professional services and outlays mentioned in that subsection, but shall be entitled to reimbursement of any other outlays which he has properly incurred. .

52 Contracts for the provision of criminal legal assistance.

After section 33 of the 1986 Act there shall be inserted the following section— Contracts for the provision of criminal legal assistance Contracts for the provision of criminal legal assistance. 33A (1) The Secretary of State may by regulations made under this section empower the Board to enter into contracts with registered firms for the provision by registered solicitors connected with those firms of criminal legal assistance. (2) Regulations under this section may prescribe— (a) the procedures to be followed by the Board in awarding any such contract; and (b) subject to subsection (3) below, any terms and conditions which are to be included in any such contract. (3) Regulations under this section shall provide that any contract entered into by virtue of this section shall include a provision that, in the event of the termination of the contract, or a breach of it by the registered firm concerned, the Board may— (a) withhold payments under the contract; and (b) require the firm to secure the transfer of— (i) any work currently being undertaken by any solicitor connected with them for any client by way of criminal legal assistance; and (ii) notwithstanding any lien to which any such solicitor might otherwise be entitled, any documents connected with any such work, to a registered solicitor. (4) Regulations under this section may provide that where the Board has by virtue of this section entered into contracts with any registered firms for the provision of criminal legal assistance in any area, then, unless it seems to the Board to be inappropriate in a particular case, any person seeking such assistance in that area shall be required to instruct a registered solicitor connected with one of those firms. (5) Any money due to a firm under a contract made by virtue of this section shall be paid to the firm— (a) firstly, out of any amount payable by the client in accordance with section 11(2) of this Act; (b) secondly, in priority to all other debts, out of any expenses which by virtue of an order of a criminal court are payable to that client by any other person in respect of the matter in connection with which the criminal legal assistance was given; and (c) thirdly, by the Board out of the Fund. (6) For the purposes of sections 32 and 33 of this Act, the money paid to a firm, as provided in subsection (5) above, in respect of a contract made by virtue of this section shall be taken to be a payment made in accordance with this Act, and no solicitor connected with such a firm shall be entitled to any other payment out of the Fund in respect of any work done by him by virtue of such a contract. .

53 Power of investigation of Scottish Legal Aid Board.

After section 35 of the 1986 Act there shall be inserted the following sections— Power of Board to require information. 35A (1) The Board may, for the purpose of determining whether— (a) a solicitor or any employee of him or of his firm may be committing a criminal offence in connection with criminal legal assistance; or (b) a solicitor may be seeking, in relation to criminal legal assistance, to recover from the Fund money to which he is not entitled, as, for example, by performing unnecessary work; or (c) a registered firm or solicitor is or may not be complying with the code, require any solicitor or firm to produce such information and documents relating wholly or partly to the provision of criminal legal assistance as it may specify, at such time and place as it may specify. (2) If it appears to the Board that there is good reason to do so, it may authorise any of its officers to require any solicitor or firm to produce forthwith any such information or documents as are mentioned in subsection (1) above. (3) An officer of the Board acting under subsection (2) above shall, if requested to do so, produce evidence of his authorisation by the Board. (4) The power under this section to require production of information and documents includes power— (a) to require any person, who is a present or past partner or employee of any such solicitor or firm and who appears to the Board or one of its officers to have any information or documents, to produce them; (b) if any documents are produced— (i) to take copies of them or extracts from them; and (ii) to require the person producing them, or any other person who is a present or past partner or employee of the solicitor or firm in question, to provide an explanation of them; (c) if any document or information is held other than in legible form, to require the production of a copy of it in legible form; and (d) if documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are. (5) Where any person claims a lien over any documents required to be produced under this section the production is without prejudice to the lien. (6) Any person who is required under this section to produce information or documents shall, notwithstanding any duty of confidentiality, comply with that requirement; and if he fails to comply he shall be guilty of an offence and liable— (a) on conviction on indictment, to a fine; and (b) on summary conviction, to a fine not exceeding the statutory maximum. (7) Where a person is charged with an offence under subsection (6) above in respect of a requirement to produce documents, it shall be a defence for him to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirement. (8) No information or documents obtained by the Board by virtue of this section or section 35B of this Act shall be used by it or by any of its employees for any purpose other than the purposes mentioned in subsection (1) above. (9) Section 34 of this Act applies in relation to a contravention of subsection (8) above as it applies in relation to a contravention of subsection (1) of that section. Power of entry Power of Board to enter premises and investigate. 35B (1) Where a sheriff is satisfied, by evidence on oath given on behalf of the Board by a person authorised by the Board for that purpose, that there are reasonable grounds for believing that— (a) a solicitor or any employee of him or his firm may be committing a criminal offence in connection with criminal legal assistance; or (b) a solicitor may be seeking, in relation to criminal legal assistance, to recover from the Fund money to which he is not entitled, as, for example, by performing unnecessary work; or (c) a registered firm or solicitor may not be complying with the code; or (d) there are on any premises documents the production of which has been required under section 35A of this Act and which have not been produced in accordance with that requirement, he may issue a warrant under this section to a person authorised for that purpose by the Board. (2) A person holding a warrant under this section may— (a) search the premises named in the warrant; (b) take possession of any documents which appear to him to relate, wholly or partly, to any criminal legal assistance provided in or from those premises; (c) take copies of any such documents; (d) take any other steps which appear to him to be necessary for preserving those documents or preventing their destruction or interference with them; and (e) require any person named in the warrant to provide an explanation of the documents or to state where they may be found. (3) The duty to produce documents and to provide explanations applies notwithstanding any duty of confidentiality, but where any person claims a lien over any documents the production is without prejudice to that lien. (4) A warrant under this section shall continue in force for the period of one month from the date when it is issued. (5) The Board may retain any documents which it has obtained under this section for— (a) a period of not more than 12 months; or (b) where, within that period, proceedings to which the documents are relevant are commenced by the Board, the Law Society or a prosecutor, until the conclusion of those proceedings. (6) Any person who intentionally obstructs the execution of a warrant issued under this section or who fails without reasonable excuse to comply with any requirement imposed in accordance with subsection (2)(e) above shall be guilty of an offence, and liable— (a) on conviction on indictment, to a fine; and (b) on summary conviction, to a fine not exceeding the statutory maximum. Suspension of payments to solicitor Suspension of payments to solicitor. 35C (1) Where it appears to the Board that any solicitor has, in connection with the provision of criminal legal assistance, acted in such a way as to justify action being taken against him by the Law Society or the Scottish Solicitors’ Discipline Tribunal it shall refer the matter to either of those bodies so that they can consider whether to take action under section 31(3) of this Act. (2) Where it appears to the Board that any solicitor may have been guilty of a criminal offence it shall refer the matter to the police or the procurator fiscal, so that they can consider whether any criminal offence may have been committed. (3) Where the Board refers a matter to any of the bodies mentioned in subsections (1) or (2) above, it may disclose to that body any information or documents which it has obtained from the solicitor concerned under this Act. (4) Where the Board has referred a matter to any of the bodies mentioned in subsections (1) or (2) above it may— (a) suspend the solicitor concerned from providing criminal legal assistance; and (b) withhold payment of any fees due to him in respect of such work, pending the outcome of the investigation by the body or bodies to which the matter has been referred. (5) A solicitor who is suspended from providing criminal legal assistance under subsection (4)(a) above shall, in accordance with arrangements approved by the Board, transfer— (a) any work currently being undertaken by him for any client by way of criminal legal assistance; and (b) notwithstanding any lien to which he might otherwise be entitled, any documents connected with any such work, to a solicitor (or, where registration is in force, a registered solicitor). .

54 Regulations in relation to criminal legal assistance.

After section 41 of the 1986 Act there shall be inserted the following section— Regulations in relation to criminal legal assistance. 41A (1) The Secretary of State may by regulations made under this section provide that any reference in, under or by virtue of this Act to “criminal legal assistance” shall relate, for any of the purposes of this Act, to such class or classes of criminal legal assistance as he thinks appropriate. (2) Without prejudice to the generality of subsection (1) above, the power conferred by that subsection may be exercised by reference to— (a) the class or classes of person who are to receive criminal legal assistance; (b) the class or classes of case in respect of which such assistance is to be given; (c) the nature of the work; (d) the place or places where the assistance is to be provided; (e) the period for which it is to be provided, or to any combination of the foregoing; and different provision may be made under that subsection for different purposes, or in relation to different areas or different periods. .

55 Liberation of child by police.

(1) Section 43 of the 1995 Act (arrangements where child arrested) shall be amended in accordance with this section. (2) In subsection (1), for the words from “shall”, in the second place where it occurs, to the end there shall be substituted the words— may liberate him— (a) on a written undertaking being entered into by him or his parent or guardian that he will attend at a court and at a time specified in the undertaking; or (b) unconditionally. . (3) In subsection (6)— (a) for the words from “is” to “diet” there shall be substituted the words “ fails to appear at the court and at the time specified in the undertaking entered into by him or on his behalf under subsection (1) above ”; and (b) after the word “conviction” there shall be inserted the words “ of any charge made against him at the time he was liberated under that subsection ”.

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

(1) Section 51 of the 1995 Act (remand or committal of children and young persons) shall be amended in accordance with this section. (2) In subsection (1)— (a) in paragraph (a), for the words “in whose area the court is situated” there shall be substituted the words “ which it considers appropriate ”; (b) after paragraph (a) there shall be inserted the following paragraph— (aa) if the person is over 16 years of age and subject to a supervision requirement, the court may, instead of committing him to prison, commit him to the local authority which it considers appropriate to be detained as mentioned in sub-paragraphs (i) or (ii) of paragraph (a) above; and (c) in paragraph (b), after the “age”, where it first occurs, there shall be inserted the words “ to whom paragraph (aa) above does not apply ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) After subsection (4) there shall be inserted the following subsection— (4A) The local authority which may be appropriate in relation to a power to commit a person under paragraphs (a) or (aa) of subsection (1) or subsection (4) above may, without prejudice to the generality of those powers, be— (a) the local authority for the area in which the court is situated; (b) if the person is usually resident in Scotland, the local authority for the area in which he is usually resident; (c) if the person is subject to a supervision requirement, the relevant local authority within the meaning of Part II of the Children (Scotland) Act 1995 in relation to that requirement. .

57 Precognitions.

(1) After section 67 of the 1995 Act, there shall be inserted the following section— Failure of witness to attend for, or give evidence on, precognition. 67A (1) This section applies where a prosecutor has obtained a warrant to cite a witness for precognition and has served a citation for precognition on the witness. (2) Where this section applies, a witness who— (a) fails without reasonable excuse, after receiving at least 48 hours notice, to attend for precognition by a prosecutor at the time and place mentioned in the citation served on him; or (b) refuses when so cited to give information within his knowledge regarding any matter relative to the commission of the offence in relation to which such precognition is taken, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to a term of imprisonment not exceeding 21 days. . (2) In section 140 of the 1995 Act (citation)— (a) in subsection (1), after the words “for” there shall be inserted the words — (a) the citation of witnesses for precognition by the prosecutor, whether or not any person has been charged with the offence in relation to which the precognition is taken; and (b) ; and (b) subsection (3) shall cease to have effect.

58 Information concerning jurors.

(1) Section 85 of the 1995 Act (citation and attendance of jurors) shall be amended as follows. (2) In subsection (1), the words from “but” to the end shall cease to have effect. (3) For subsection (2), there shall be substituted the following subsections— (2) A list of jurors shall— (a) contain not less than 30 names; (b) be prepared under the directions of the clerk of the court before which the trial is to take place; (c) be kept at the office of the sheriff clerk of the district in which the court of the trial diet is situated; and (d) be headed “List of Assize for the sitting of the High Court of Justiciary (or the sheriff court of». at».) on the». of».”. (2A) The clerk of the court before which the trial is take place shall, on an application made to him by or on behalf of an accused, supply the accused, free of charge, on the day on which the trial diet is called, and before the oath has been administered to the jurors for the trial of the accused, with a copy of a list of jurors prepared under subsection (2) above. (2B) Where an accused has been supplied under subsection (2A) above with a list of jurors— (a) neither he nor any person acting on his behalf shall make a copy of that list, or any part thereof; and (b) he or his representative shall return the list to the clerk of the court after the oath has been administered to the jurors for his trial. (2C) A person who fails to comply with subsection (2B) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale. .

59 Certification of previous convictions in criminal proceedings.

(1) Section 285 of the 1995 Act (proof of previous convictions) shall be amended in accordance with the following provisions of this section. (2) In subsection (2)— (a) for the words “or on behalf of the Chief Constable of Strathclyde” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate ”; (b) for the words “by the person by or on whose behalf the certificate is signed” there shall be substituted the words “ in pursuance of a service provided and maintained by the Secretary of State under or by virtue of section 36 of the Police (Scotland) Act 1967 or by or on behalf of the Commissioner of Police of the Metropolis ”. (3) In subsection (5)— (a) for the words “or on behalf of the Chief Constable of Strathclyde” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate ”; (b) for the words “or on behalf of the Chief Constable” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate or by or on behalf of ”.

60 Grants for forensic medical services.

The Lord Advocate may out of money provided by Parliament make grants of such amount and on such conditions as he considers appropriate to any person for the provision to him by that person of forensic medical services.

61 Confiscation of alcohol from persons under 18.

(1) Where a constable has reasonable grounds for suspecting that a person in a public place— (a) is under the age of 18; and (b) is in possession of alcohol, within the meaning of the Licensing (Scotland) Act 1976, he may require that person to surrender the alcohol to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address. (2) Where a constable has reasonable grounds for suspecting that a person of or over the age of 18 has alcohol in his possession in a public place and that that person— (a) has supplied such alcohol to a person under the age of 18 for consumption in a public place; or (b) intends that that alcohol should be consumed in a public place by a person under the age of 18, the constable may require the person in possession of the alcohol to surrender it to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address. (3) Subject to subsection (4) below, it shall be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale for a person to fail to comply with a requirement made under subsection (1) or (2) above. (4) Where a constable makes a requirement such as is mentioned in subsection (1) or (2) above he shall inform the person concerned— (a) of his suspicion; and (b) of the fact that failure to comply with a requirement made under either of those provisions is an offence. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In this section “public place” includes— (a) any place to which the public have access for the time being (whether on payment of a fee or otherwise); and (b) any place to which the public do not have access but to which the persons mentioned in subsection (1) or (2) have unlawfully gained access, but does not include licensed premises within the meaning of the Licensing (Scotland) Act 2005 (asp 16). (7) In this section, “ alcohol ” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16).

62 Minor and consequential amendments, and repeals.

(1) The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments specified therein, being minor amendments and amendments consequential upon the provisions of this Act. (2) The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.

63 Financial provisions.

(1) There shall be paid out of money provided by Parliament any expenses incurred— (a) by the Secretary of State, under— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) Part XA of the 1995 Act (Scottish Criminal Cases Review Commission) (as inserted by section 25 of this Act); (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) by the Scottish Legal Aid Board under— (i) section 28A(1) of the 1986 Act (power of Board to employ solicitors for criminal legal assistance) (as inserted by section 50 of this Act); or (ii) section 33A(1) of the 1986 Act (power of Board to enter into contracts for provision of criminal legal assistance) (as inserted by section 52 of this Act); or (c) by the Lord Advocate under section 60 of this Act. (2) There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.

64 Interpretation.

In this Act, unless the context otherwise requires— “supervised release order” has the same meaning as in section 209 of the 1995 Act (supervised release orders); “the 1984 Act” means the Mental Health (Scotland) Act 1984; “the 1986 Act” means the Legal Aid (Scotland) Act 1986; “the 1989 Act” means the Prisons (Scotland) Act 1989; “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993; “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.

65 Short title, commencement and extent.

(1) This Act may be cited as the Crime and Punishment (Scotland) Act 1997. (2) This Act, except sections 45 and 46, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes. (3) In an order under subsection (2) above made in respect of any provision of sections 49 to 54 of this Act, or of paragraph 12 of Schedule 1 to this Act— (a) different days may be appointed for different provisions; (b) different days may be appointed for different areas; and (c) different provisions may be brought into force in relation to different areas. (4) An order under subsection (2) above may contain such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force. (5) Subject to subsections (6) and (7) below, this Act shall extend to Scotland only. (6) Section 4(3) and (5) of this Act shall extend to England and Wales, and section 37(4) of this Act shall extend to England and Wales and Northern Ireland. (7) The amendment or repeal of any enactment by Schedules 1 or 3 to this Act shall have the same extent as the enactment so amended or, as the case may be, repealed.

SCHEDULE 1 Minor and Consequential Amendments

Section 62(1). The Public Records Act 1958 (c.51) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Police (Scotland) Act 1967 (c.77) 2 (1) The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph. (2) Section 6(2) (application of certain provisions to appointments of ranks below assistant chief constable) shall cease to have effect. (3) In section 17 (general functions and duties of constables)— (a) in subsection (1), for the words “section 321(1) of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 135(3) and (4) of the Criminal Procedure (Scotland) Act 1995 ”; and (b) in subsection (7)(a) after the word “agreements” there shall be inserted the words “ or of section 98 of the Police Act 1996 (cross-border aid of one police force by another) ”. (4) In section 19(3) (amalgamation schemes) for the words from “reimbursed” to the end there shall be substituted the words “ provided for by a grant made to the board under section 32 of this Act ”. (5) In section 41(1)(b)(ii) (penalty for assaults on constables) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 225(8) of the Criminal Procedure (Scotland) Act 1995 ”. (6) In section 46(1)(b) (rewards) after the word “agreements” there shall be inserted the words “ or of section 98 of the Police Act 1996 (cross-border aid of one police force by another) ”. The Superannuation Act 1972 (c.11) 4 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply), at the end of the list of “Royal Commissions and other Commissions” insert— Scottish Criminal Cases Review Commission. . The House of Commons Disqualification Act 1975 (c.24) 5 In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert— The Scottish Criminal Cases Review Commission. . The Sexual Offences (Scotland) Act 1976 (c.67) 6 (1) The Sexual Offences (Scotland) Act 1976 shall cease to have effect. (2) This paragraph shall be deemed to have come into force on 1st April 1996 and the Sexual Offences (Scotland) Act 1976 shall for the purposes of the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 be regarded as a repealed enactment within the meaning of that Act. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55) 7 In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons ineligible for jury service), in Group B, after paragraph (w) insert— (wa) members and employees of the Scottish Criminal Cases Review Commission; . The Criminal Justice (Scotland) Act 1980 (c.62) 8 In section 3D(1)(b) of the Criminal Justice (Scotland) Act 1980 (interpretation of sections 3A to 3C), for the words “section 3 of this Act” there shall be substituted the words “ section 15(6) of the Criminal Procedure (Scotland) Act 1995 ”. The Mental Health (Scotland) Act 1984 (c.36.) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Repatriation of Prisoners Act 1984 (c.47) 10 (1) The Repatriation of Prisoners Act 1984 shall be amended in accordance with this paragraph. (2) In section 2(4)(b) (transfer of prisoners out of the United Kingdom)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) after sub-paragraph (ii) there shall be inserted the following sub-paragraph— (iia) released subject to a supervised release order made under section 209 of the Criminal Procedure (Scotland) Act 1995; . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Foster Children (Scotland) Act 1984 (c.56) 11 In section 13 of the Foster Children (Scotland) Act, for the words “section 47 of the Children and Young Persons (Scotland) Act 1937” to the end there shall be substituted the words “ section 55 of the Children (Scotland) Act 1995 (child assessment orders) as giving the local authority reasonable cause for the suspicion mentioned in subsection (1)(a) of that section ”. The Legal Aid (Scotland) Act 1986 (c.47) 12 (1) The Legal Aid (Scotland) Act 1986 shall be amended in accordance with this paragraph. (2) In section 4 (Scottish Legal Aid Fund)— (a) in subsection (2)— (i) in paragraph (a), for the words “by him” there shall be substituted the words “ or in respect of payments made in accordance with regulations made under section 33(3A) of this Act ”; (ii) after paragraph (a) there shall be inserted the following paragraphs— (aa) any expenses incurred by the Board in connection with the provision of criminal legal assistance by solicitors employed by it by virtue of section 28A of this Act; (ab) any sums payable by the Board under contracts made by virtue of section 33A of this Act; ; and (b) in subsection (3), after paragraph (a) there shall be inserted the following paragraphs— (aa) any contribution payable to the Board by any person in pursuance of section 11 of this Act; (ab) any award of expenses made by a criminal court to a person to whom criminal legal assistance has been provided by a solicitor employed by the Board by virtue of section 28A of this Act; . (3) In section 11 (clients’ contributions)— (a) in subsection (1), after the words “subsection (2)” there shall be inserted the words “ or (3) ”; and (b) after subsection (2) there shall be inserted the following subsections— (3) Where a client to whom paragraphs (a) and (b) of subsection (2) above apply receives criminal legal assistance from a solicitor employed by the Board by virtue of section 28A of this Act, he shall pay to the Board such contribution in respect of that assistance as the Board may, subject to subsection (4) below, determine. (4) The amount determined by the Board under subsection (3) above shall not exceed the amount which could have been charged in respect of the assistance in question by a solicitor. . (4) In section 12 (payment of fees or outlays otherwise than through clients’ contributions)— (a) at the end of subsection (2) there shall be inserted the words— ; but does not apply to the salary payable to a solicitor employed by the Board by virtue of section 28A of this Act. ; and (b) for the word “contribution”, where it appears in subsection (3)(a), there shall be substituted the word “ amount ”. (5) In section 21 (scope and nature of criminal legal aid), in subsection (1)(aa), for the word “discretionary” there shall be substituted the word “ designated ”. (6) In section 22 (automatic availability of legal aid), at the end of subsection (1) there shall be inserted the words— and, in relation to paragraph (dc) above, “accused person” includes a person authorised to institute or continue an appeal under section 303A(4) of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person). . (7) After section 25 (legal aid in appeals) there shall be inserted the following section— Legal aid in respect of appeals under section 303A of the 1995 Act. 25AA (1) Subject to the provisions of this section, section 25 of this Act applies to any appeal, within the meaning of section 303A of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person), instituted or continued by a person (an “authorised person”) authorised under subsection (4) of the said section 303A. (2) Where an authorised person is continuing an appeal which has been instituted by the deceased person, and criminal legal aid, within the meaning of section 25, has been awarded to the deceased person in connection with any proceedings, such legal aid shall continue to be made available to the authorised person in respect of those proceedings. (3) Where— (a) the deceased person had applied for criminal legal aid within the meaning of section 25, but the application had not been determined prior to his death; or (b) the deceased person had not applied for such legal aid, the authorised person shall be regarded as the applicant and, in a case to which paragraph (b) applies, may apply for such legal aid. (4) Notwithstanding subsection (3) above— (a) in section 25(2)(a) of this Act, where the authorised person is the executor of the deceased, any reference to— (i) the financial circumstances of the applicant shall be construed as a reference to the value of the deceased person’s estate; and (ii) the applicant’s dependants shall be construed as a reference to the beneficiaries of the deceased’s estate; and (b) any reference in section 25(2)(c) or (2A) of this Act to whether it is in the interests of justice that the applicant should receive legal aid shall be construed as a reference to whether it would have been in the interests of justice that the deceased should have received legal aid. . (8) In section 31 (solicitors and counsel)— (a) in subsection (1), for the words from the beginning to “below” there shall be substituted the words “ Subject to subsection (1A) below, ”; (b) after subsection (1) there shall be inserted the following subsection— (1A) Subsection (1) above is subject to— (a) section 25A(3) of this Act; (b) section 30(2) of this Act; (c) regulations made under section 28A(6) of this Act; (d) regulations made under section 33A(4) of this Act; and (e) regulations made under subsection (9) below. . (9) In section 33 (fees and outlays of counsel and solicitors), in subsection (1), at the beginning there shall be inserted the words “ Subject to subsections (3A) and (3B) below, ”. (10) In section 41 (interpretation)— (a) after the definition of “civil legal aid” there shall be inserted the following definition— “the code” means the code of practice in relation to criminal legal assistance for the time being in force under section 25B of this Act; ; (b) after the definition of “criminal legal aid” there shall be inserted the following definitions— “criminal legal assistance” means criminal legal aid and advice and assistance in relation to criminal matters; “document” includes information recorded in any form; “firm” includes an incorporated practice, a sole solicitor and a law centre; ; (c) after the definition of “incorporated practice” there shall be inserted the following definition— “law centre” means a body— established for the purpose of providing legal services to the public generally as well as to individual members of the public; and which does not distribute any profits made either to its members or otherwise, but reinvests any such profits for the purposes of the law centre; and (d) after the definition of “person” there shall be inserted the following definitions— “the Register” means the Register established and maintained under section 25A of this Act; “registered firm” means a firm whose name appears on the Register; “registered solicitor” means a solicitor whose name appears on the Register; “sole solicitor” means a solicitor practising under his own name or as a single solicitor under a firm name; and “solicitor connected with a firm” includes a sole solicitor and a solicitor who is a partner, director or employee of a firm, and cognate expressions shall be construed accordingly. . The Prisons (Scotland) Act 1989 (c.45) 13 (1) The Prisons (Scotland) Act 1989 shall be amended in accordance with this paragraph. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 27(5) (power of the Secretary of State to discharge prisoners not to affect duties of medical officer) (so far as that subsection continues to have effect by virtue of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (existing provisions which continue to have effect in relation to prisoners sentenced before 1st October 1993)) for the word “the”, where it occurs for the second time, there shall be substituted the word “ any ”. The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) 14 (1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended in accordance with this paragraph. (2) In section 1 (release of prisoners)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in subsection (4), for the word “discretionary” there shall be substituted the word “ designated ”. (3) In section 2 (duty to release discretionary life prisoners)— (a) in subsection (2)— (i) for the words “subsection (1)(b)” there shall be substituted the words “ subsection (1) ”; and (ii) before the word “life”, in both places where it occurs, there shall be inserted the word “ designated ”; (b) in subsection (3), for the words “subsection (1)(a)” there shall be substituted the word “ subsection (1) ”; (c) for the word “relevant”, where it occurs in subsections (2), (8) and (9), there shall be substituted the word “ designated ”; (d) for the word “discretionary” where it occurs in subsections (4), (6), (8) and (9) there shall be substituted the word “ designated ”; and (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In section 10 (life prisoners transferred to Scotland)— (a) for subsection (1) there shall be substituted the following subsection— (1) In a case where a transferred life prisoner transferred from England and Wales (whether before or after the commencement of this enactment) is a life prisoner to whom section 28 of the Crime (Sentences) Act 1997 (duty to release certain life prisoners) applies, this Part of this Act except sections 1(4) and 2(9) shall apply as if— (a) the prisoner were a designated life prisoner within the meaning of section 2 of this Act; and (b) the designated part of his sentence within the meaning of that section were the relevant part specified in an order or direction made under the said section 28. ; (b) in subsection (3)(a), for the word “discretionary” there shall be substituted the word “ designated ”; (c) in subsection (3)(b), for the word “relevant” there shall be substituted the word “ designated ”; (d) in subsection (5)(a), for the word “discretionary” there shall be substituted the word “ designated ”; and (e) in subsection (5)(b), for the words “section 34 of the said Act of 1991” there shall be substituted the words “ the said section 28 of the Crime (Sentences) Act 1997 ”. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) In section 12(3) (insertion, variation and cancellation of conditions in licences)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for the word “discretionary” there shall be substituted the word “ designated ”. (11) In section 14 (supervised release orders)— (a) in subsection (2)— (i) the words from the beginning to “209(1) of the 1995 Act” shall cease to have effect; and (ii) after the words “prison in Scotland” there shall be inserted the words “ under Schedule 1 to the Crime (Sentences) Act 1997 in an unrestricted transfer within the meaning of that Schedule ”; and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (16) In section 27(1) (interpretation), in the definition of “supervised release order” the words “(as inserted by section 14 of this Act)” shall cease to have effect. (17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18) In Schedule 6 (transitional provisions and savings)— (a) for the word “relevant” in each place where it occurs in paragraph 6(2) and (3) and 6A(2) , there shall be substituted the word “ designated ”; and (b) for the word “discretionary” in each place where it occurs in paragraphs 6, 6A(2) and 7, there shall be substituted the word “ designated ”. The Criminal Justice and Public Order Act 1994 (c.33) 15 In section 110 of the Criminal Justice and Public Order Act 1994 (modifications of the Prisons (Scotland) Act 1989 in its application to contracted out prisons)— (a) in subsection (3) for the words “and 41B(3) (testing prisoners for drugs)” there shall be substituted the words “ , 41B(3) (testing prisoners for drugs) and 41C(3) (testing prisoners for alcohol) ”; and (b) in subsection (4) for the words “and 41B(1)(testing prisoners for drugs)” there shall be substituted the words “ , 41B(1) (testing prisoners for drugs) and 41C(1) (testing prisoners for alcohol) ”. The Criminal Justice (Scotland) Act 1995 (c.20) 16 Section 66 of the Criminal Justice (Scotland) Act 1995 shall cease to have effect. The Children (Scotland) Act 1995 (c.36) 17 In Schedule 4 to the Children (Scotland) Act 1995, paragraph 35(6) shall cease to have effect. The Criminal Law (Consolidation)(Scotland) Act 1995 (c.39) 18 (1) The Criminal Law (Consolidation) (Scotland) Act 1995 shall be amended in accordance with this paragraph. (2) In section 5 (unlawful sexual intercourse with a girl under the age of 13 years)— (a) in subsection (1), at the beginning there shall be inserted the words “ Subject to section 205A of the Criminal Procedure (Scotland) Act 1995 (imprisonment for life on further conviction of certain offences), ”; and (b) in subsection (6) (definition of “like offence” for purposes of that section), for the words “section 10(1) of this Act” there shall be substituted the words “ section 9(1) of this Act ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 19(3) (vehicles in relation to which certain offences relating to alcohol at sporting events may be committed), for the word “principle” there shall be substituted the word “ principal ”. (5) In section 21 (police powers in relation to control of alcohol etc. at sporting events), in paragraph (e), after sub-paragraph (ii) there shall be inserted the following sub-paragraph— ; or (iii) a controlled article or substance as defined in section 20(8) of this Act. . (6) In section 23 (interpretation of Part II), after the definition of “keeper” there shall be inserted the following definition— “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; . (7) In section 26(11) (interpretation of powers of Customs and Excise officers to detain persons in connection with drug smuggling) for the definition of superior officer there shall be substituted the following definition— “superior officer” means an officer whose title is specified for the purposes of this section by the Treasury in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. . (8) In section 45(1) (aiding and abetting offences under section 44), for the word “principle” there shall be substituted the word “ principal ”. The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 (c.40) 19 (1) The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 shall be amended in accordance with this paragraph. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In Schedule 4 (minor and consequential amendments)— (a) paragraph 6(4)(a) and (d) shall cease to have effect; (b) paragraph 16 shall cease to have effect; (c) paragraph 50(7)(b) shall cease to have effect; and (d) paragraph 53(3) shall cease to have effect. The Proceeds of Crime (Scotland) Act 1995 (c.43) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Criminal Procedure (Scotland) Act 1995 (c.46.) 21 (1) The 1995 Act shall be amended as follows. (2) In section 15 (rights of persons arrested or detained), in subsection (6)(b), for the words “actual custody” there shall be substituted the word “ care ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 46 (presumption and determination of age of child)— (a) in subsection (1), after the word “offence” there shall be inserted the words “ , whose age is not specified in the indictment or complaint in relation to that offence, ”; (b) in subsection (3) at the beginning there shall be inserted the words “ Without prejudice to section 255A of this Act, ”. (5) In section 53 (power to make interim hospital order)— (a) in subsection (1), after the word “way” there shall be inserted the words “ , including imposing a sentence of imprisonment and making a hospital direction, ”; (b) in subsection (3), for the words “28” there shall be substituted the word “ 7 ”; (c) in subsection (4), after the word “not” there shall be inserted the words “ at that time ”; (d) in subsection (5), for the words “28” there shall be substituted the word “ 7 ”; (e) after subsection (5), there shall be inserted the following subsection— (5A) Subsections (1) and (4) of section 60 of the Mental Health (Scotland) Act 1984 shall apply to an interim hospital order as they apply to a hospital order. ; and (f) in subsection (6), after the word “way” there shall be inserted the words “ , including imposing a sentence of imprisonment and making a hospital direction ”. (6) In section 58 (hospital orders)— (a) in subsection (4), for the words “28” there shall be substituted the word “ 7 ”; and (b) in subsection (9), for the words “28” there shall be substituted the word “ 7 ”. (7) In section 62(6)(b) (disposal in appeals by accused in cases involving insanity), for the words “or order” there shall be substituted the words “ , order or other disposal ”. (8) In section 63 (appeals by prosecutor in cases involving insanity)— (a) in subsection (1), paragraph (d) shall cease to have effect; (b) in subsection (2)(b)(ii), the words “or (d)” shall cease to have effect; and (c) in subsection (5)(b)— (i) for the words “or order”, in the first place where they occur, there shall be substituted the words “ order or disposal ”; and (ii) for the words “or order”, in the second place where they occur, there shall be substituted the words “ or acquittal ”. (9) In section 65 (prevention of delay), after subsection (3) there shall be inserted the following subsection— (3A) An application under subsection (3) shall not be made at any time when an appeal made with leave under section 74(1) of this Act has not been disposed of by the High Court. . (10) In section 74(4) (disposal of appeals in connection with preliminary diets)— (a) the word “and” after paragraph (a) shall cease to have effect; and (b) after paragraph (b) there shall be inserted the following words ; and (c) may on cause shown extend the period mentioned in section 65(1) of this Act. . (11) In section 81(6) (list of jurors where trial does not take place)— (a) the word “, signed” shall cease to have effect; and (b) for the words “85(1) and (2)” there shall be substituted the words “ 85(2) ”. (12) In section 83 (transfer of sheriff court solemn proceedings)— (a) in subsection (1), for the words “transfer the case to a sheriff court” there shall be substituted the words “ adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act, ”; (b) in subsection (2)— (i) before the word “make” there shall be inserted the words “ adjourn the trial and ”; and (ii) for the word “case” there shall be substituted the word “ trial as mentioned in subsection (1) above ”; and (c) after subsection (2), there shall be inserted the following subsection— (3) Where a warrant to cite any person to attend a sitting of the sheriff court has been issued by the sheriff clerk under section 66(1) of this Act and the trial has been adjourned and transferred by an order under subsection (2) above, the warrant shall have effect as if the trial diet had originally been fixed for the court, and the date of the sitting of that court, to which the trial is so transferred. . (13) In section 103 (appeal sittings)— (a) in subsection (3), for the words “subsection (1)” there shall be substituted the words “ subsection (2) ”; (b) in subsection (4), for the words “and (2)” there shall be substituted the words “ to (3) ”; and (c) in subsection (7), after the words “subsection (5)” there shall be inserted the words “ and (6) ”. (14) In subsection (1)(b) of section 104 (power of High Court in appeals) the word “additional” shall cease to have effect. (15) In section 107(4) (application where leave to appeal refused), for the words “subsection (7)” there shall be substituted the words “ subsection (10) ”. (16) In section 113(2)(c) (recipients of copy of judge’s report) for the words “section 124(3) of this Act, to the Secretary of State” there shall be substituted the words “ Part XA of this Act, to the Commission ”. (17) In section 118 (disposal of appeals)— (a) in subsection (4)(b), the word “additional” shall cease to have effect; and (b) after subsection (8) there shall be inserted the following subsection— (9) The High Court may give its reasons for the disposal of any appeal in writing without giving those reasons orally. . (18) In section 124 (finality of proceedings and Secretary of State’s reference)— (a) in subsection (1), after “this Part” there shall be inserted the words “ or Part XA ”; (b) in subsection (2), for the words “subsection (3) below” there shall be substituted the words “ Part XA of this Act ”; and (c) subsections (3) to (5) shall cease to have effect. (19) In section 141 (manner of citation)— (a) in subsection (3)— (i) the words “signed by the prosecutor and” shall cease to have effect; (ii) in paragraph (a), after the word “accused,” there shall be inserted the words “ signed by the prosecutor and ”; and (iii) in paragraph (b), after the word “sent” there shall be inserted the words “ by or on behalf of the prosecutor ”; and (b) , after subsection (5) there shall be inserted the following subsection— (5A) The citation of a witness to a sitting or diet or adjourned sitting or diet as mentioned in subsection (1) above shall be effective if it is sent by the accused’s solicitor by ordinary post to the dwelling house or place of business of the witness or, if he has no known dwelling house or place of business, to any other place in which he may be resident at the time. . (20) In section 179(2) (stated case: adjustment and signature) the word “additional” shall cease to have effect. (21) In subsection (5)(b) of section 182 (stated case: hearing of appeal) the word “additional” shall cease to have effect. (22) In subsection (1)(b) of section 189 (disposal of appeal against sentence) the word “additional” shall cease to have effect. (23) In section 199 (power to mitigate penalties), in subsection (3) after paragraph (b) there shall be inserted the following paragraph— ; 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. . (24) In section 202(1) (deferral of sentence) at the beginning there shall be inserted the words “ Subject to section 205A of this Act, ”. (25) In section 207(2) (detention of young offenders)— (a) for the words “section 205(2) and (3)” there shall be substituted the words “ sections 205(2) and (3), 205A(2)(b) and 205B(2)(b) ”; and (b) for the word “exceed” there shall be substituted the words “ be less than the minimum nor more than ”. (26) In section 209 (supervised release orders), after subsection (7) there shall be inserted the following subsection— (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. . (27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (30) In section 234A (non-harassment orders), subsection (5) shall cease to have effect. (31) In section 246(1) (admonition), at the beginning, there shall be inserted the words “ Subject to sections 205A and 205B of this Act, ”. (32) In section 280 (routine evidence), in subsection (6)(b), for the words “the accused” there shall be substituted the word “ he ”. (33) In section 298 (trial judge’s report)— (a) in subsection (1)(a), after the words “108” there shall be inserted the words “ , 108A ”; and (b) in subsection (2), for the words “section 124(3) of this Act, the Secretary of State” there shall be substituted the words “ Part XA of this Act, the Commission ”. (34) In section 307(1) (interpretation)— (a) after the definition of “Clerk of Justiciary” insert— “the Commission” has the meaning given by section 194A(1) of this Act; ; and (b) after paragraph (a) of the definition of “hospital”, there shall be inserted the following paragraph— any hospital managed by a National Health Service Trust established under section 12A of that Act; . (35) In Schedule 4 (supervision and treatment orders)— (a) in paragraph 3(3), after the word “officer;” there shall be inserted the following sub-paragraph— (bb) the medical practitioner by whom or under whose supervision the supervised person is to be treated under the order; ; (b) in paragraph 10(1), after the word “officer” there shall be inserted the words “ and to the medical practitioner by whom or under whose supervision the supervised person was treated under the supervision and treatment order ”; (c) in paragraph 11(1)(a), after the word “officer” there shall be inserted the words “ and to the medical practitioner by whom or under whose supervision the supervised person has been treated under the supervision and treatment order ”.

SCHEDULE 2

SCHEDULE 3 Repeals

Section 62(2). Chapter | Short title | Extent of repeal 1967 c.77. | The Police (Scotland) Act 1967. | Section 6(2). 1968 c.49. | The Social Work (Scotland) Act 1968. | In section 27(1)(b), the word “and” where it appears after subparagraph (iv). 1976 c.67. | The Sexual Offences (Scotland) Act 1976. | The whole Act. 1984 c.36. | The Mental Health (Scotland) Act 1984. | In section 65(2), the words after paragraph (b). In section 70(1), the words “(not being a private hospital)”. 1984 c.47. | The Repatriation of Prisoners Act 1984. | In section 3(9), the words “or section 10” in the second place where they occur. 1989 c.45. | The Prisons (Scotland) Act 1989. | In section 3(1), the words from “including” to the end. . . . 1993 c.9. | The Prisoners and Criminal Proceedings (Scotland) Act 1993. | . . . In section 2(2), the word “and”. . . . . . . . . . . . . . . . . . . In section 14, in subsection (2), the words from the beginning to “209(1) of the 1995 Act”. . .. . . . . . . . . . . . . In section 27, in subsection (1), . . . in the definition of “supervised release order” the words “(as inserted by section 14 of this Act)”. . ., . . .. . . . 1993 c.24. | The Video Recordings Act 1993. | Section 5. 1995 c.20. | The Criminal Justice (Scotland) Act 1995. | Section 66. 1995 c.25. | The Environment Act 1995. | In Schedule 22, paragraph 35. 1995 c.36. | The Children (Scotland) Act 1995. | In Schedule 4, paragraph 35(6). 1995 c.40. | The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995. | . . . In Schedule 4, paragraphs 6(4)(a) and (d), 16, 50(7)(b) and 53(3). 1995 c.46. | The Criminal Procedure (Scotland) Act 1995. | In section 18, subsection (7). In section 19(4)(b), the words “, print or impression”. In section 44, in subsection (4), the words “, subject to subsection (6) below,”, subsections (6) to (9) and in subsection (10), the words “or (8)”. In section 53, in subsection (1), the words “subsection (2) below and”, and subsection (2). In section 63, subsection (1)(d) and in subsection (2)(b)(ii) the words “or (d)”. In section 74(4), the word “and” after paragraph (a). In section 81(6), the word “, signed”. In section 85(1), the words from “but” to the end. Section 101(5). In section 104(1)(b), the word “additional”. In section 118(4)(b), the word “additional”. In section 124, subsections (3) to (5). Section 140(3). In section 141(3), the words “signed by the prosecutor and”. Section 154. In section 179(2), the word “additional”. In section 182(5)(b), the word “additional”. In section 189(1)(b), the word “additional”. In section 204(2), the words from “and” to the end. In section 234A, subsection (5). In section 252(2), the word “and”, in the third place where it occurs.