Criminal Law (Consolidation) (Scotland) Act 1995

1933	= False Oaths (Scotland) Act 1933 (c. 20)
1976	= Sexual Offences (Scotland) Act 1976 (c. 67)
1980	= Criminal Justice (Scotland) Act 1980 (c. 62)
1987	= Criminal Justice (Scotland) Act 1987 (c. 41)
1988	= Criminal Justice Act 1988 (c. 33)
1993	= Criminal Justice Act 1993 (c. 36)
1994	= Drug Trafficking Act 1994 (c. 37)
1995	= Criminal Justice (Scotland) Act 1995 (1995 c. 20)
1995CP	= Criminal Justice (Consequential Provisions) (Scotland) Act (1995 c. 40)
1995CLC	= Criminal Law (Consolidation) (Scotland) Act 1995 (1995 c. 39)
Provision	Derivation
---	---
1	1976 s.2A; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1
2	1976 s.2B; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1
3	1976 s.2C; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1
4	1976 s.2D; Incest and Related Offences (Scotland) Act 1986 (c. 36) s.1; 1987 Sch.2
5(1), (2)	1976 s.3
(3) — (7)	1976 s.4; Incest and Related Offences (Scotland) Act 1986 (c. 36) Sch.1 §.4; Criminal Justice (Scotland) Act 1995 (c. 20) Sch.6 §.
6	1976 s.5
7(1)	1976 s.1
(2), (3)	1976 s.2
(4)	1976 s.17
8(1), (2)	1976 s.8
(3) — (5)	1976 s.9
9	1976 s.10
10	1976 s.11
11(1) — (4)	1976 s.12
(5), (6)	1976 s.13(1)
12	1976 s.14; Criminal Procedure (Scotland) Act 1975 (c. 21) Sch.7A; Criminal Law Act 1977 (c. 45) Sch.11
13	1980 s.80; Mental Health (Scotland) Act 1984 (c. 36) Sch.5; Criminal Justice and Public Order Act 1994 (c. 33) ss.145(2), 146(2)
14	1976 s.15
15	1976 s.6
16	1976 s.18
17	1976 s.19
18	1980 s.68; Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) s.10
19(1)	1980 s.69
(2)	1980 s.70
(3) — (6)	1980 s.70A; Public Order Act 1986 (c. 64) Sch.1 §.10
(7)	1980 s.71; Public Order Act 1986 (c. 64) Sch.1 §.11
20(1)	1980 s.72(1)
(2)	1980 s.73
(3) — (6)	1980 s.72A(1) — (4); Public Order Act 1986 (c. 64) Sch.1 §.14
(7)	1980 s.74
(8)	1980 ss.72(2), (3), 72A(5); Public Order Act 1986 (c. 64) Sch.1 §.14
21	1980 s.75; Public Order Act 1986 (c. 64) Sch.1 §.12
22	1980 s.76; Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) Sch.8 §.30
23	1980 s.77; Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) s.10; Public Order Act 1986 (c. 64) Sch.1 §.13
24	1987 s.48; Criminal Justice and Public Order Act 1994 (c. 33) s.129(4), (5)
25	1987 s.49; Criminal Justice and Public Order Act 1994 (c. 33) s.129(6); Children (Scotland) Act 1995 (c. 36) Sch.3 §.[39]
26	1987 s.50
27	1987 s.51; Criminal Justice and Public Order Act 1994 (c. 33) s.164(3)
28	1987 s.52; 1988 Sch.15 §.117; Criminal Justice and Public Order Act 1994 (c. 33) s.164(4)
29	1987 s.53
30	1987 s.54; 1988 Sch.15 §.111; S.I. 1989/2405 Sch.9 Pt.II §.58
31	1987 s.38; 1988 Sch.5 §.23
32	1987 s.39
33	1987 s.40
34	1987 s.40A; 1993 s.20(2)
35	1987 s.41
36	1987 s.42; 1993 s.26(2)
37	1987 s.42A; 1993 s.17(1)
38	1987 s.43; 1993 s.19(2), (3)
39	1987 s.43A; 1993 s.19(1)
40	1987 s.43B; 1993 s.19(1)
41	1987 s.44
42	1987 s.46A; 1993 Sch.4 §.2
43	1987 s.47(1)(part) — (4)
44(1)	1933 s.1; Criminal procedure (Scotland) Act 1975 s.221(1)
(2)	1933 s.2; Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 35) Sch.1
(3)	1933 s.3
(4)	Criminal Justice (Scotland) Act 1949 (c. 94) s.42(1)
45(1), (2)	1933 s.4
(3) — (5)	1933 s.6
46(1)	1933 s.7(1)
(2)	1933 s.5
(3)	Criminal Justice (Scotland) Act 1949 (c. 94) s.42(2)
(4)	1933 s.7(2)
47	Prevention of Crime Act 1953 (c. 14) s.1; Criminal Procedure (Scotland) Act 1975 (c. 21) ss. 193A, 298B; Roads (Scotland) Act 1984 (c. 54) Sch.9 §.42; Criminal Justice Act 1988 (c. 33) Sch.8 §.16
48	1980 s.4
49	Carrying of Knives (Scotland) Act 1993 (c. 13) s.1; Council Directive 80/181 (Approximation of Laws Relating to Units of Measurement)
50	Carrying of Knives (Scotland) Act 1993 (c. 13) s.2
51	Criminal Procedure (Scotland) Act 1975 (c. 21) s.59
52	1980 s.78
53(1), (2)	Drafting
(3), (4)	1987 s.72(1), (4)

Incest.

12A

• (1) Premises shall be treated for the purposes of sections 11(5) and 12 of this Act as a brothel if people resort to them for the purposes of homosexual acts in circumstances in which resort to them for heterosexual practices would have led to the premises being treated as a brothel for the purposes of those sections.

• (2) For the purposes of this section, a homosexual act is an act of engaging in sexual activity by one male person with another male person; and an activity is sexual in any case if a reasonable person would, in all the circumstances of the case, consider it to be sexual.

16A

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16B

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Interpretation of Part II.

Extension of constable’s power to stop, search and arrest without warrant.

False monetary instruments

46A

• (1) A person who counterfeits or falsifies a specified monetary instrument with the intention that it be uttered as genuine is guilty of an offence.

• (2) A person who has in his custody or under his control, without lawful authority or excuse—

• (a) anything which is, and which he knows or believes to be, a counterfeited or falsified specified monetary instrument; or

• (b) any machine, implement or computer programme, or any paper or other material, which to his knowledge is specially designed or adapted for the making of a specified monetary instrument,

is guilty of an offence.

• (3) For the purposes of subsections (1) and (2)(a) above, it is immaterial that the specified monetary instrument (or purported specified monetary instrument) is not in a fit state to be uttered or that the counterfeiting or falsifying of it has not been finished or perfected.

• (4) A person guilty of an offence under this section is liable on summary conviction—

• (a) to a fine not exceeding the statutory maximum;

• (b) to imprisonment for a term not exceeding six months; or

• (c) both to a fine and to such imprisonment.

• (5) A person guilty of an offence—

• (a) under subsection (1) above is liable on conviction on indictment—

• (i) to a fine;

• (ii) to imprisonment for a term not exceeding ten years; or

• (iii) both to a fine and to such imprisonment;

• (b) under subsection (2) above is liable on conviction on indictment—

• (i) to a fine;

• (ii) if it is proved that the offence was committed with the intention that the specified monetary instrument in question be uttered (or as the case may be that a specified monetary instrument be uttered), to imprisonment for a term not exceeding ten years and if it is not so proved, to imprisonment for a term not exceeding two years; or

• (iii) both to a fine and to imprisonment for a term not exceeding ten years, if it is proved as mentioned in sub-paragraph (ii) above, or both to a fine and to imprisonment for a term not exceeding two years if it is not so proved.

• (6) Where an offence under this section which has been committed—

• (a) by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body; or

• (b) by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a member of that partnership,

or by any person who was purporting to act in any such capacity, he as well as the body corporate, or as the case may be the partnership, is guilty of that offence and is liable to be proceeded against and punished accordingly.

• (7) Where the affairs of a body corporate are managed by its members, subsection (6) above applies in relation to the actings and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

• (8) In subsections (1) to (5) above, “specified” means for the time being specified for the purposes of this section, by order made by the Scottish Ministers.

• (9) The power to make an order under subsection (8) above—

• (a) includes power to make such incidental, supplemental, transitional or transitory provision as the Scottish Ministers think necessary or expedient; and

• (b) is exercisable by statutory instrument.

• (10) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

49A

• (1) Any person who has an article to which section 49 of this Act applies with him on school premises shall be guilty of an offence.

• (2) Any person who has an offensive weapon within the meaning of section 47 of this Act with him on school premises shall be guilty of an offence.

• (3) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that the person had a reasonable excuse or lawful authority for having the article or weapon with him on the premises in question.

• (4) Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had the article or weapon in question with him—

• (a) for use at work,

• (b) for educational purposes,

• (c) for religious reasons, or

• (d) as part of any national costume.

• (5) A person guilty of an offence—

• (a) under subsection (1) above shall be liable—

• (i) on summary conviction to imprisonment for a term not exceeding twelve months, or a fine not exceeding the statutory maximum, or both;

• (ii) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both;

• (b) under subsection (2) above shall be liable—

• (i) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

• (ii) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine, or both.

• (6) In this section and section 49B of this Act, “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

49B

• (1) A constable may enter school premises and search those premises and any person on those premises for—

• (a) any article to which section 49 of this Act applies, or

• (b) any offensive weapon within the meaning of section 47 of this Act,

if he has reasonable grounds for suspecting that an offence under section 49A of this Act is being, or has been, committed.

• (2) If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for believing to be an article or weapon of a kind described in subsection (1) above, he may seize it.

• (3) The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.

49C

• (1) Any person who has with him in a prison—

• (a) an offensive weapon, or

• (b) any other article which has a blade or is sharply pointed,

commits an offence.

• (2) It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse or lawful authority for having the weapon or other article with him in the prison.

• (3) A defence under subsection (2) includes, in particular, a defence that the person had the weapon or other article with him in prison—

• (a) for use at work,

• (b) for religious reasons, or

• (c) as part of any national costume.

• (4) Where a person is convicted of an offence under subsection (1), the court may make an order for the forfeiture of any weapon or other article to which the offence relates.

• (5) Any weapon or other article forfeited under subsection (4) is, subject to section 193 of the Criminal Procedure (Scotland) Act 1995 (c. 46), to be disposed of as the court may direct.

• (6) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both,

• (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

• (7) In this section—

• “offensive weapon” has the meaning given by section 47(4),

• “prison” includes—any prison other than a naval, military or air force prison,a remand centre (within the meaning of paragraph (a) of subsection (1) of section 19 of the Prisons (Scotland) Act 1989 (c. 45) (provision of remand centres and young offenders institutions),a young offenders institution (within the meaning of paragraph (b) of that subsection), andsecure accommodation within the meaning of section 93(1) of the Children (Scotland) Act 1995 (c. 36).

Extension of period of detention under section 24

Racially-aggravated harassment

50A

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TABLE OF DERIVATIONS

1

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

2

The following abbreviations are used in the Table:—

Editorial notes