Section 15

Non-harassment orders

28th March 2011

For all purposes where the misconduct complained of occurred on or after the date specified in column 3

Section 19

Early removal of certain short-term prisoners from the United Kingdom

28th March 2011

Section 22

Pre-sentencing reports about organisations

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 24(1), (2) and (3)

Effect of probation and absolute discharge

28th March 2011

Section 24(4) and (5)

Effect of probation and absolute discharge

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 27

Mutual recognition of judgments and probation decisions

28th March 2011

Section 32

Genocide, crimes against humanity and war crimes: UK residents

28th March 2011

Section 33

Genocide, crimes against humanity and war crimes: retrospective application

28th March 2011

Section 35(1) (but only in relation to subsections (2) and (3)) and (2) and (3)

Sale and hire of crossbows to persons under 18

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 35(1) (but only in relation to subsection (4)) and (4)

Sale and hire of crossbows to persons under 18

28th March 2011

Section 36(1) (but only in relation to subsections (2) and (3)) and (2) and (3)

Sale and hire of knives and certain other articles to persons under 18

28th March 2011

Section 36(1) (but only in relation to subsection (4)) and (4)

Sale and hire of knives and certain other articles to persons under 18

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 42(1)

Extreme pornography

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 42(2) and (3)

Extreme pornography

28th March 2011

Section 46

People trafficking

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 47

Slavery, servitude and forced or compulsory labour

28th March 2011

Section 48

Alternative charges for fraud and embezzlement

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 49

Articles for use in fraud

28th March 2011

Section 50

Conspiracy to commit offences outwith Scotland

28th March 2011

For all purposes in respect of acts done by a person in Scotland on or after the date specified in column 3 which would amount to conspiracy to commit an offence

Section 51

Abolition of offences of sedition and leasing-making

28th March 2011

Section 52

Prosecution of children

28th March 2011

Section 53

Offences: liability of partners

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 54

Witness statements

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 55

Breach of undertaking

28th March 2011

For all purposes in respect of any breach of undertaking committed on or after the date specified in column 3

Section 57

Bail review applications

28th March 2011

For all purposes in respect of any applications under section 30(2) of the 1995 Act received on or after the date specified in column 3

Section 58

Bail condition for identification procedures etc.

28th March 2011

For all purposes where the court grants bail to a person on or after the date specified in column 3

Section 61

Transfer of justice of the peace court cases

28th March 2011

Section 62

Additional charge where bail etc. breached

28th March 2011

For all purposes in respect of any breach of bail committed on or after the date specified in column 3

Section 65

Meaning of “organisation”

28th March 2011

For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—

1. a

   in summary proceedings, on the date of the first calling of the case; and

1. a

   in solemn cases, on the date on whichever of the following first occurs:—

1. i

   the grant of a warrant to arrest and commit;

1. i

   the intimation of a petition; or

1. i

   the service of an indictment

Section 66

Proceedings on indictment against organisations

28th March 2011

For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—

1. a

   in summary proceedings, on the date of the first calling of the case; and

1. a

   in solemn cases, on the date on whichever of the following first occurs:—

1. i

   the grant of a warrant to arrest and commit;

1. i

   the intimation of a petition; or

1. i

   the service of an indictment

Section 67

Prosecution of organisations by summary procedure

28th March 2011

For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—

1. a

   in summary proceedings, on the date of the first calling of the case; and

1. a

   in solemn cases, on the date on whichever of the following first occurs:—

1. i

   the grant of a warrant to arrest and commit;

1. i

   the intimation of a petition; or

1. i

   the service of an indictment

Section 68

Manner of citation of organisations in summary proceedings

28th March 2011

For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—

1. a

   in summary proceedings, on the date of the first calling of the case; and

1. a

   in solemn cases, on the date on whichever of the following first occurs:—

1. i

   the grant of a warrant to arrest and commit;

1. i

   the intimation of a petition; or

1. i

   the service of an indictment

Section 69

Prohibition of personal conduct of case by accused in certain proceedings

28th March 2011

For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal

Section 70

Disclosure of convictions and non-court disposals

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 72

Time limits for lodging certain appeals

28th March 2011

Section 73

Submissions as to sufficiency of evidence

28th March 2011

For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn

Section 74

Prosecutor’s right of appeal

28th March 2011

For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn

Section 75

Power of High Court in appeal under section 107A of 1995 Act

28th March 2011

Section 76

Further amendment of 1995 Act

28th March 2011

For all purposes in respect of any trial which commences on or after the date specified in column 3, with a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn

Section 77(1)

Retention of samples etc.

28th March 2011

For the purposes of amending sections 18(3) and 18A of the 1995 Act

Section 77(1) (in so far as not already in force)

Retention of samples etc.

1st August 2011

Section 77(2)(a) and (3)

Retention of samples etc.

28th March 2011

Section 77(2)(b) and (c)

Retention of samples etc.

1st August 2011

Section 78

Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted

28th March 2011

Section 79

Retention of samples etc. taken or provided in connection with certain fixed penalty offences

28th March 2011

Section 80 (in so far as not already in force)

Retention of samples etc. from children referred to children’s hearings

15th April 2011

Section 81

Extension of section 19A of 1995 Act

28th March 2011

Section 82

Use of samples etc.

1st August 2011

Section 84

Admissibility of prior statements of witnesses: abolition of competence test

28th March 2011

Section 85

Witness statements: use during trial

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 86

Spouse or civil partner of accused a compellable witness

28th March 2011

For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced—

1. a

   in summary proceedings, on the date of the first calling of the case; and

1. a

   in solemn cases, on the date on whichever of the following first occurs:—

1. i

   the grant of a warrant to arrest and commit;

1. i

   the intimation of a petition; or

1. i

   the service of an indictment

Section 87

Special measures for child witnesses and other vulnerable witnesses

28th March 2011

For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal

Section 88

Child witnesses in proceedings for people trafficking offences

28th March 2011

For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal

Section 89

Amendment of Criminal Justice (Scotland) Act 2003

28th March 2011

Section 90

Witness anonymity orders

28th March 2011

Section 91

Television link evidence

28th March 2011

For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when a report of the case has been received by the procurator fiscal

Section 102(1)

Sex offender notification requirements

28th March 2011

For the purposes of amending sections 86, 87, 96 and 138 of the 2003 Act and commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act

Section 102(2)

Sex offender notification requirements

28th March 2011

Only for the purpose of commencing the amendments to section 85 of the 2003 Act to enable regulations to be made under section 85 of that Act

Section 102(3) to (6)

Sex offender notification requirements

28th March 2011

Section 106

Grant of authorisations for surveillance

28th March 2011

Section 107

Authorisations to interfere with property etc.

28th March 2011

Section 115

Compensation orders

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 116

Meaning of “information”

6th June 2011

Section 117

Provision of information to prosecutor: solemn cases

6th June 2011

For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3

Section 118

Continuing duty to provide information: solemn cases

6th June 2011

For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3

Section 119

Provision of information to prosecutor: summary cases

6th June 2011

For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3

Section 120

Continuing duty of investigating agency: summary cases

6th June 2011

For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3

Section 121

Prosecutor’s duty to disclose information

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 122

Disclosure of other information: solemn cases

6th June 2011

For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3

Section 123(1), (2), (5) and (6)

Continuing duty of prosecutor

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 123(3) and (4)

Continuing duty of prosecutor

6th June 2011

For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3

Section 124

Defence statements: solemn proceedings

6th June 2011

For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column 3

Section 125

Defence statements: summary proceedings

6th June 2011

For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3

Section 126

Change in circumstances following lodging of defence statement: summary proceedings

6th June 2011

For all purposes in respect of criminal proceedings in which the recording of a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column 3

Section 127

Sections 121 to 126: no need to disclose same information more than once

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 128

Application by accused for ruling on disclosure

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 129

Review of ruling under section 128

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 130

Appeals against rulings under section 128

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 131

Effect of guilty plea

6th June 2011

For all purposes in respect of criminal proceedings in which—

1. a

   the first appearance of the accused; or

1. a

   the recording of a plea of not guilty against an accused charged on summary complaint,

is on or after the date specified in column 3

Section 132

Sections 133 to 140: interpretation

6th June 2011

For all purposes in respect of appellate proceedings arising out of earlier proceedings

Section 133

Duty to disclose after conclusion of proceedings at first instance

6th June 2011

For all purposes in respect of appellate proceedings arising out of earlier proceedings

Section 134

Continuing duty of prosecutor

6th June 2011

For all purposes in respect of appellate proceedings arising out of earlier proceedings

Section 135

Application to prosecutor for further disclosure

6th June 2011

For all purposes in respect of appellate proceedings arising out of earlier proceedings

Section 136

Further duty of prosecutor: conviction upheld on appeal

6th June 2011

For all purposes in respect of appellate proceedings, as concluded, which arose in respect of earlier proceedings

Section 137

Further duty of prosecutor: convicted persons

6th June 2011

For all purposes in respect of criminal proceedings, as concluded, in which the first appearance of the accused or the recording of a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column 3

Section 138

Further duty of prosecutor: appeal against acquittal

6th June 2011

For all purposes in respect of appellate proceedings, in respect of which section 138 makes provision, arising out of proceedings in which the first appearance of the accused is, or the recording of a plea of not guilty against an accused charged on summary complaint is, on or after the date specified in column 3

Section 139

Application by appellant for ruling on disclosure

6th June 2011

For all purposes in respect of appellate proceedings arising out of earlier proceedings

Section 140

Review of ruling under section 139

6th June 2011

For all purposes in respect of appellate proceedings arising out of earlier proceedings

Section 141

Application for section 145 order

6th June 2011

Section 142

Application for non-notification order or exclusion order

6th June 2011

Section 143

Application for non-notification order and exclusion order

6th June 2011

Section 144

Application for exclusion order

6th June 2011

Section 145

Application for section 145 order: determination

6th June 2011

Section 146

Order preventing or restricting disclosure: application by Secretary of State

6th June 2011

Section 147

Application for ancillary orders: Secretary of State

6th June 2011

Section 148

Application for restricted notification order and non-attendance order

6th June 2011

Section 149

Application for non-attendance order

6th June 2011

Section 150

Special counsel

6th June 2011

Section 151

Persons eligible for appointment as special counsel

6th June 2011

Section 152

Role of special counsel

6th June 2011

Section 153

Appeals

6th June 2011

Section 154

Prohibition on disclosure pending determination of certain appeals

6th June 2011

Section 155

Review of section 145 order

6th June 2011

Section 156

Review of section 146 order

6th June 2011

Section 157

Review by court of section 145 and 146 orders

6th June 2011

Section 158

Applications and reviews: general provisions

6th June 2011

Section 159

Exemptions from disclosure

6th June 2011

Section 160

Means of disclosure

6th June 2011

Section 161

Redaction of non-disclosable information by prosecutor

6th June 2011

Section 162

Confidentiality of disclosed information

6th June 2011

Section 163

Contravention of section 162

6th June 2011

Section 164

Code of practice

6th June 2011

Section 165

Acts of Adjournal

6th June 2011

Section 166

Abolition of common law rules about disclosure

6th June 2011

For all purposes in respect of—

1. a

   criminal proceedings in which—

1. i

   the first appearance of the accused; or

1. i

   a plea of not guilty is recorded against an accused charged on summary complaint,

is on or after the date specified in column 3;

1. a

   appellate proceedings arising out of criminal proceedings mentioned in paragraph (a).

Section 167

Interpretation of Part 6

6th June 2011

Section 172(1) to (3),(4)(a), (5) and (6)

Conditions to which licences under 1982 Act are to be subject

28th March 2011

For all purposes in respect of licence applications under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3

Section 175

Licensing of street trading: food hygiene certificates

28th March 2011

For all purposes in respect of applications for a street traders licence under paragraph (1) of Schedule 1 to the 1982 Act made to a licensing authority on or after the date specified in column 3

Section 176

Licensing of public entertainment

1st April 2012

Section 177

Licensing of late night catering

1st October 2012

Section 186

Premises licence applications: food hygiene certificates

28th March 2011

For all purposes in respect of applications for a premises licence made under section 20 of the 2005 Act to a licensing board on or after the date specified in column 3

Section 188(2)

Sale of alcohol to trade

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Section 189

Occasional licences

1st October 2011

For all purposes in respect of applications for an occasional licence made under section 56 of the 2005 Act to a licensing board on or after the date specified in column 3

Section 190

Extended hours applications: notification period

1st October 2011

For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3

Section 191

Extended hours applications: variation of conditions

28th March 2011

For all purposes in respect of extended hours applications made under section 68 of the 2005 Act to a licensing board on or after the date specified in column 3

Section 203

Modification of enactments

28th March 2011

Schedule 5

Witness anonymity orders: transitional

28th March 2011

The following paragraphs of Schedule 7:—

Modifications of enactments

28th March 2011

1, 2, 3, 6, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25, 27, 28, 29, 30, 31, 34, 35, 36, 44, 45, 47, 50, 52, 53, 54, 55, 56, 59, 60, 61, 63, 64, 65, 67, 68, 69, 72, 74, 77, 78, 79, 80, 81, 82 and 83

Schedule 7, paragraph 24

28th March 2011

For all purposes in respect of offences committed on or after the date specified in column 3

Schedule 7, paragraph 33

1st August 2011