Criminal Law (Consolidation) (Scotland) Act 1995

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Section 24 gives officers of Her Majesty's Revenue and Customs power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence. The power applies only to offences relating to "assigned matters" (defined in section 1 of the Customs and Excise Management Act 1979 which are punishable by imprisonment. Subsections (5) and (8) set out various protections for the rights of the detained person.

Summary proceedings in pursuance of this section may be commenced at any time within the period of 6 months from the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge.any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and section 7(2) - threats, intimidation, false pretences &c, or administration of drugs to procure unlawful sexual intercourse sporting event” means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and i) is intended to amount to harassment of that person; or (ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or (b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress. The maximum penalty on conviction on indictment is seven years imprisonment and/or an unlimited fine.

Section 26 provides further powers in connection with drug smuggling offences, where it is believed that a controlled drug is secreted in a person's body. The section authorises detention for up to 24 hours, the taking of blood and urine samples, intimate searches by a registered medical practitioner. The period of detention can be extended up to 7 days in certain circumstances on application by the procurator fiscal to the sheriff. b) even where traced through or to any person whose parents are not or have not been married to one another. Section 17 (Liability to other criminal proceedings) preserves the effect of the common law and other enactments dealing with sexual offences, but prevents a person being punished twice for the same conduct. Section 16 (power of search) provides a power to obtain a search warrant where there is reasonable cause to suspect that a woman or girl is unlawfully detained for immoral purposes. Section 8 makes it illegal to detain a female against her will in a brothel, or in other premises for the purposes of unlawful sexual intercourse with men. The withholding of clothing is treated as a form of detention.

Changes over time for: Section 50A

Section 7 creates a number of offences relating to procuring young women or girls to have unlawful sexual intercourse or to become prostitutes or to become an inmate of or frequent brothels. It also formerly criminalised the use of threats and intimidation, false pretences or drugs to procure a female (of any age) to have unlawful sexual intercourse. It also formerly criminalised inducing a woman to have sex by pretending to be her husband. The Sexual Offences (Scotland) Act 2009 repealed and replaced the second and third sets of offences under this section. Any person who has unlawful sexual intercourse with any girl under the age of 13 years shall be liable on conviction on indictment to imprisonment for life.

a) on conviction on indictment, to imprisonment for any term of imprisonment up to and including life imprisonment; and Section 11 also makes it an offence for a person to keep, manage, or act or assist in the management of a brothel; for a tenant, lessee etc. to knowingly permit premises to be used as a brothel or for habitual prostitution; or for the lessor or landlord (or agent), knowing that premises are used as a brothel, to permit their continued use. The maximum penalty for these offences is 7 years imprisonment, or 12 months on summary conviction. a) did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was a step-child or former step-child; or This section was largely repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010, leaving only the definition of homosexual act, the offences of living off the earnings of male prostitution and soliciting/importuning any male person for the purpose of procuring the commission of a homosexual act, and the provision treating premises as a brothel for the purposes of sections 11 and 12 (described above). [3] Miscellaneous [ edit ] Section 9 makes it an offence for the owner, occupier or manager of premises to induce or knowingly suffer a girl under 16 to use premises for unlawful sexual intercourse. It is a defence to this offence that the accused, being a man under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the girl was of or over the age of 16 years. The Sexual Offences (Scotland) Act 2009 amended the defence in section 9 so that it applies to any person (with some exceptions), and not just to a man under the age of 24.For the purposes of subsection (4) above, a prosecution shall be deemed to commence on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay. Section cited in: 11 cases, 15 Laws or Regulations Amended by