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Criminal Law (Consolidation) (Scotland) Act 1995
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Criminal Law (Consolidation) (Scotland) Act 1995, Section 45 is up to date with all changes known to be in force on or before 18 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 30(8) added by 2010 asp 13 s. 200(2)(a)
- s. 45(6) added by 2010 asp 13 s. 200(2)(c)
- s. 46(5) added by 2010 asp 13 s. 200(2)(d)(ii)
45 Provisions supplementary to section 44.S
(1)Any person who aids, abets, counsels, procures or suborns another person to commit an offence against section 44 of this Act shall be liable to be proceeded against, indicted, tried and punished as if he were a [F1principal] offender
(2)Any person who incites or attempts to procure or suborn another person to commit an offence against that section shall be guilty of an offence and be liable on conviction to imprisonment or to a fine or to both such fine and imprisonment.
(3)Nothing in section 44 and 46(1) of this Act and subsections (1) and (2) above shall affect the common law relating to the crime of perjury or to any crime or offence involving falsehood, fraud or wilful imposition, or the liability of any person to be prosecuted for any such crime or offence, provided that no person shall be liable in respect of the same matter to be punished both at common law and under these sections.
(4)Where the making of a false statement is not only an offence under the said sections 44 or 46(1) or under subsection (1) or (2) above, but also by virtue of some other Act is a corrupt practice or subjects the offender to any forfeiture or disqualification or to any penalty other than imprisonment or a fine, the liability of the offender under these sections shall be in addition to and not in substitution for his liability under such other Act.
(5)Where the making of a false statement is by any other Act whether passed before or after the commencement of this Act, made punishable on summary conviction, proceedings may be taken either under such other Act or under this Act.
Textual Amendments
F1Word in s. 45(1) substituted (1.8.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 18(8); S.I. 1997/1712, art. 3, Sch.
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