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Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

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Changes over time for: Cross Heading: Alteration of penalties on summary conviction of certain offences under the Misuse of Drugs Act 1971

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Alteration of penalties on summary conviction of certain offences under the Misuse of Drugs Act 1971S

11(1)The M1Misuse of Drugs Act 1971 shall be amended as follows—S

(a)in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in sub-paragraph (2)(b) below, for “6 months” there shall be substituted “ 3 months ”; and

(b)in the entry in Schedule 4 relating to section 5(2)—

(i)for “6 months” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “ 3 months ”, and

(ii)for “6 months” being the maximum punishment on summary conviction of such an offence where a Class C drug was involved there shall be substituted “ 3 months ”.

(2)The offences to which (as provided in paragraph 2(7) above) paragraph 2(1) above does not apply are—

(a)offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;

(b)offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i)section 4(2) (production, or being concerned in the production, of a controlled drug);

(ii)section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii)section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv)section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v)section 12(6) (contravention of direction prohibiting practitioner etc from possessing, supplying etc controlled drugs); or

(vi)section 13(3) (contravention of direction prohibiting practitioner etc from prescribing, supplying etc controlled drugs).

(3)In this paragraph “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the Misuse of Drugs Act 1971.

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