Criminal Law (Consolidation) (Scotland) Act 1995

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Section 16A (Conspiracy or incitement to commit certain sexual acts outside the United Kingdom) makes it an offence for a person in Scotland to incite the commission of certain sexual offences outside the UK. The section was inserted by the Sexual Offences (Conspiracy and Incitement) Act 1996. The section formerly dealt with conspiracy as well as incitement, but this was removed by the Criminal Justice (Terrorism and Conspiracy) Act 1998, which made general provision for extraterritorial conspiracy offences. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. 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 Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of summary proceedings) shall have effect for the purposes of subsection (2) above as it has effect for the purposes of that section. Without prejudice to sections 1 to 4 of this Act, any person who has, or attempts to have, unlawful sexual intercourse with any girl of or over the age of 13 years and under the age of 16 years shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months. b) section 4(1) or 10(1) of the Sexual Offences (Scotland) Act 1976 or section 5 or 6 of the Criminal Law Amendment Act 1885 (the enactments formerly creating the offences mentioned in subsection (3) above and section 10(1) of this Act); or

shall be guilty of an offence, unless the accused proves that subsection (2) below applies in his or her case. In subsection (6) above, ‘local authority’ has the meaning assigned to it by section 1(2) of the Social Work (Scotland) Act 1968 . Section cited in: 2 cases, 7 Laws or Regulations Amended by

Changes over time for: Section 27

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. Prevention of Crime Act 1953 (c. 14) s.1; Criminal Procedure (Scotland) Act 1975 (c. 21) ss. 193A, 298B; Roads (Scotland) Act 1984 (c. 54) Sch.9 §.42; Criminal Justice Act 1988 (c. 33) Sch.8 §.16 in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work); The Lord Advocate may also give a direction under this section by virtue of section 15(4) of the Crime (International Co-operation) Act 2003 or on a request being made to him by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under corresponding legislation. controlled container” means any bottle, can or other portable container, whether open or sealed, which is, or was, in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product F37or veterinary medicinal product for a medicinal purpose.

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. Section 19 creates offences of being in possession of alcohol, allowing the possession of alcohol, or being drunk on vehicles going to or from a designated sporting event. a) believed on reasonable grounds that the person with whom he or she had sexual intercourse was of or over the age of 16 years; or No prosecution shall be commenced for an offence under subsection (3) above more than one year after the commission of the offence.

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medicinal product”and “ medicinal purpose” have the meanings assigned to those terms by section 130 of the M5Medicines Act 1968. a) obtain information about that person's circumstances from an officer of a local authority or otherwise and consider that information; and 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 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 avoidance of doubt sexual intercourse between persons who are not related to each other in a degree referred to in subsection (1) above is not incest. Section cited in: 8 Laws or Regulations Amended by 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. For the purposes of subsection (2) above, a certificate of the Lord Advocate as to the date on which the evidence in question came to his knowledge is conclusive evidence of the date on which it did so. Section 13 (homosexual offences) provides that a homosexual act (defined as sodomy or an act of gross indecency or shameless indecency by one male person with another male person) in private is not an offence provided that the parties consent and have attained the age of 16. This is subject to certain limitations, set out in the section. Acts in public lavatories are not to be treated as taking place in private. It is an offence to commit or be party to the commission of, or to procure or attempt to procure a homosexual act a) other than in private; b) without the consent of the parties to the act; and c) with a person under the age of 16. It is a defence to a charge under c) that the person so charged being under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of sixteen years. A boy under 16 does not commit an offence if the other party is over 16. It is an offence to procure or attempt to procure the commission of a homosexual act between two other male persons. The maximum penalty for these offences on indictment is 2 years imprisonment and/or an unlimited fine, and on summary conviction 12 months imprisonment and a fine not exceeding the prescribed sum.Section 3 made it an offence for a person over the age of 16 to have sexual intercourse with a child under 16 where that person is a member of the same household as the child and is in a position of trust and authority in relation to that child. There were defences where the accused reasonably believed that the child had attained the age of 16, where the accused did not consent and where the parties were married outside Scotland. This section consolidated section 2C of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. [1] An Act to consolidate for Scotland certain enactments creating offences and relating to criminal law there. Section 13 ensures that premises are treated for the purposes of sections 11 and 12 of this Act as a brothel whether they are used for homosexual or heterosexual activities. b) even where traced through or to any person whose parents are not or have not been married to one another.

Subject to subsection (6) below, a person guilty of an offence under section 1, 2 or 3 of this Act shall be liable— 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.a) did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was related in a degree so specified; or a) on conviction on indictment, to imprisonment for any term of imprisonment up to and including life imprisonment; and