http://www.legislation.gov.uk/id/asp/2003/7

http://www.legislation.gov.uk/asp/2003/7/section/15

Criminal Justice (Scotland) Act 2003

An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.

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Statute Law Database

2022-09-18

Expert Participation

2022-05-17

Criminal Justice (Scotland) Act 2003

specified provision(s) and purposes

The Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003

art. 2

Sch.

Criminal Justice (Scotland) Act 2003

s. 16ZA

Bail and Release from Custody (Scotland) Act 2023

s. 14(2)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 16D

Bail and Release from Custody (Scotland) Act 2023

s. 14(3)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17ZA

Bail and Release from Custody (Scotland) Act 2023

s. 14(4)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17DA

Bail and Release from Custody (Scotland) Act 2023

s. 14(6)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 17E(6)

Bail and Release from Custody (Scotland) Act 2023

s. 14(7)(d)

s. 18(2)

Criminal Justice (Scotland) Act 2003

s. 18A(5)

Bail and Release from Custody (Scotland) Act 2023

s. 14(8)(b)

s. 18(2)

Part 2Victims' rights

15Prohibition of personal conduct of defence in proofs ordered in relation to victim statements in cases of certain sexual offences

1

The 1995 Act is amended as follows.

2

In section 288C(1) (prohibition of personal conduct of defence in cases of certain sexual offences), at the end there is added “ or in any proof ordered in relation to a statement made by virtue of subsection (2) (or by virtue of that subsection and subsection (6)) of section 14 of the Criminal Justice (Scotland) Act 2003 (asp 7) ”.

3

In section 288D(2)(a) (appointment by court of solicitor in such cases), at the end there is added “ or as the case may be at any proof ordered as is mentioned in section 288C(1) of this Act ”.