The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

passed to consolidate certain enactments creating offences and relating to the

criminal law of Scotland Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious ...

Part I - Sexual Offences

Incest and related offences

*Section 1 consolidates the offence of

incest Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...

. It applies when a male and a female related in certain ways have

sexual intercourse Sexual intercourse (or coitus or copulation) is a sexual activity typically involving the insertion and thrusting of the penis into the vagina for sexual pleasure or reproduction.Sexual intercourse most commonly means penile–vaginal penetrat ...

. It applies only to close relatives (father, son, grandfather, grandson, great grandfather, great grandson, brother, uncle, nephew, and female equivalents) and to current or former adoptive fathers, mothers, sons and daughters, and applies to both full blood and half blood relationships. There are defences where the accused proves that he did not know that the relationship existed, where the accused did not consent and where the parties were married outside Scotland. This section consolidates section 2A of the

Sexual Offences (Scotland) Act 1976 Sex is the biological distinction of an organism between male and female. Sex or SEX may also refer to: Biology and behaviour *Animal sexual behaviour **Copulation (zoology) **Human sexual activity ** Non-penetrative sex, or sexual outercourse ...

, as inserted by the

Incest and Related Offences (Scotland) Act 1986 Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoptio ...

. *Section 2 deals with sexual intercourse between

step-parent A stepfamily is a family where at least one parent has children that are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known classifications for stepfamilies i ...

s and

stepchildren A stepchild is the offspring of one's spouse, but not one's own offspring, either biologically or through adoption. Stepchildren can come into a family in a variety of ways. A stepchild may be the child of one's spouse from a previous relationshi ...

. It provides that any stepparent or former stepparent who has sexual intercourse with his or her stepchild or former stepchild shall be guilty of an offence if that stepchild is either under the age of 21 years or has at any time before attaining the age of 18 years lived in the same household and been treated as a child of his or her family. The same defences apply as for section 1, together with a further defence of reasonable belief that the person had attained the age of 21. This section consolidates section 2B of the

, as inserted by the

. *Section 3 made it an offence for a person over the age of 16 to have sexual intercourse with a child under 16 where that person is a member of the same household as the child and is in a position of trust and authority in relation to that child. There were defences where the accused reasonably believed that the child had attained the age of 16, where the accused did not consent and where the parties were married outside Scotland. This section consolidated section 2C of the

, as inserted by the

. This section was repealed by the

Sexual Offences (Scotland) Act 2009 The Sexual Offences (Scotland) Act 2009 (asp 9) is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law. The corresponding legislation in England and Wales is the Sexu ...

on 1 December 2010. *Section 4 deals with procedural matters and the penalties for offences under sections 1 to 3. The maximum penalty on

indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...

for any of the offences is

life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...

, and 12 months on

summary conviction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...

. This section consolidates section 2D of the

, as inserted by the

Offences against children

Sections 5 and 6 were repealed by the

on 1 December 2010.

Procuring, prostitution, etc.

*Section 7 creates a number of offences relating to procuring young women or girls to have unlawful sexual intercourse or to become prostitutes or to become an inmate of or frequent brothels. It also formerly criminalised the use of threats and intimidation, false pretences or drugs to procure a female (of any age) to have unlawful sexual intercourse. It also formerly criminalised inducing a woman to have sex by pretending to be her husband. The

repealed and replaced the second and third sets of offences under this section. *Section 8 makes it illegal to detain a female against her will in a brothel, or in other premises for the purposes of unlawful sexual intercourse with men. The withholding of clothing is treated as a form of detention. *Section 9 makes it an offence for the owner, occupier or manager of premises to induce or knowingly suffer a girl under 16 to use premises for unlawful sexual intercourse. It is a defence to this offence that the accused, being a man under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the girl was of or over the age of 16 years. The Sexual Offences (Scotland) Act 2009 amended the defence in section 9 so that it applies to any person (with some exceptions), and not just to a man under the age of 24. *Section 10 makes it an offence for a person with parental responsibilities in relation to a girl under 16 to cause or encourage the seduction or prostitution, unlawful sexual intercourse or the commission of an indecent assault on her. *Section 11 (Trading in prostitution and brothel keeping) makes it an offence for a male to knowingly live, wholly or partly on the earnings of prostitution. It is also an offence for a female, for the purpose of gain, to exercise control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any other person, or generally. The maximum penalty on indictment for these offences is 7 years imprisonment, or 12 months on summary conviction. Section 11 also makes it an offence for a person to keep, manage, or act or assist in the management of a brothel; for a tenant, lessee etc. to knowingly permit premises to be used as a brothel or for habitual prostitution; or for the lessor or landlord (or agent), knowing that premises are used as a brothel, to permit their continued use. The maximum penalty for these offences is 7 years imprisonment, or 12 months on summary conviction. *Section 12 (Allowing child to be in brothel) makes it an offence for any person having parental responsibilities (as defined in the

Children (Scotland) Act 1995 A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...

) to allow a child between the ages of 4 and 16 to reside in or frequent a brothel. The maximum penalty, on indictment or summary conviction, is a level 2 fine (with provision for 6 months imprisonment on default). Special provision is made allowing a person prosecuted on indictment under section 9 to be found guilty of an offence under this section. *Section 13 ensures that premises are treated for the purposes of sections 11 and 12 of this Act as a brothel whether they are used for homosexual or heterosexual activities.

Homosexual offences

*Section 13 (homosexual offences) provides that a

homosexual Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...

act (defined as

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...

or an act of gross indecency or shameless indecency by one male person with another male person) in private is not an offence provided that the parties consent and have attained the age of 16. This is subject to certain limitations, set out in the section. Acts in public lavatories are not to be treated as taking place in private. It is an offence to commit or be party to the commission of, or to procure or attempt to procure a homosexual act a) other than in private; b) without the consent of the parties to the act; and c) with a person under the age of 16. It is a defence to a charge under c) that the person so charged being under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of sixteen years. A boy under 16 does not commit an offence if the other party is over 16. It is an offence to procure or attempt to procure the commission of a homosexual act between two other male persons. The maximum penalty for these offences on indictment is 2 years imprisonment and/or an unlimited fine, and on summary conviction 12 months imprisonment and a fine not exceeding the

prescribed sum The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scotl ...

. Section 13 also makes it an offence for a person to live wholly or in part on the earnings of another from

male prostitution Male prostitution is the act or practice of men providing sexual services in return for payment. It is a form of sex work. Although clients can be of any gender, the vast majority are older males looking to fulfill their sexual needs. Male pro ...

or to solicit or importune any male person for the purpose of procuring the commission of a homosexual act. The maximum penalty for these offences on indictment is 2 years imprisonment, and on summary conviction 12 months imprisonment. This section was largely repealed by the

on 1 December 2010, leaving only the definition of homosexual act, the offences of living off the earnings of male prostitution and soliciting/importuning any male person for the purpose of procuring the commission of a homosexual act, and the provision treating premises as a brothel for the purposes of sections 11 and 12 (described above).Sexual Offences (Scotland) Act 2009, Schedule

and The Sexual Offences (Scotland) Act 2009 (Commencement No. 1) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 4) Order 201

/ref>

Miscellaneous

Sections 14 to 18 contain miscellaneous provisions relating to sexual offences. *Section 14 (Power, on indictment for rape, etc., to convict of other offences.) provided that when is tried on indictment for

ape Apes (collectively Hominoidea ) are a clade of Old World simians native to sub-Saharan Africa and Southeast Asia (though they were more widespread in Africa, most of Asia, and as well as Europe in prehistory), which together with its sister g ...

or an offence under section 5(1) (unlawful sexual intercourse with girl under 13) and the jury are not satisfied that the accused is guilty of that offence (or an attempt), the accused may instead be convicted of an offence under - **section 5(2) - attempt to have unlawful sexual intercourse with girl under 13 **section 5(3) - unlawful sexual intercourse (or attempt) with girl of or over 13 and under 16 **section 7(2) - threats, intimidation, false pretences &c, or administration of drugs to procure unlawful sexual intercourse **section 7(3) - impersonation of husband **or of the common law offence of indecent assault. This section was repealed by the

on 1 December 2010. * Section 15 (defence to charge of indecent assault), which formerly provided that it was a defence to a charge of indecent assault committed against a girl under the age of 16 years that the person so charged has reasonable cause to believe that the girl was his wife, was repealed by the

Criminal Justice (Scotland) Act 2003 Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of o ...

*Section 16 (power of search) provides a power to obtain a search warrant where there is reasonable cause to suspect that a woman or girl is unlawfully detained for immoral purposes. *Section 16A (Conspiracy or incitement to commit certain sexual acts outside the United Kingdom) makes it an offence for a person in Scotland to incite the commission of certain sexual offences outside the UK. The section was inserted by the

Sexual Offences (Conspiracy and Incitement) Act 1996 Sex is the biological distinction of an organism between male and female. Sex or SEX may also refer to: Biology and behaviour *Animal sexual behaviour **Copulation (zoology) **Human sexual activity **Non-penetrative sex, or sexual outercourse ** ...

. The section formerly dealt with conspiracy as well as incitement, but this was removed by the

Criminal Justice (Terrorism and Conspiracy) Act 1998 The Criminal Justice (Terrorism and Conspiracy) Act 1998 is a law passed in the United Kingdom, which came into force on 4 September 1998. It stipulated that it is an offense to participate in a conspiracy to carry out a course of conduct that le ...

, which made general provision for extraterritorial conspiracy offences. This section was repealed by the

on 1 December 2010. *Section 16B (Commission of certain sexual acts outside the United Kingdom) makes it an offence for a British citizen or resident to commit certain sexual offences outside the UK, provided that the conduct is also an offence in the country where it is committed. This section was inserted by the

Sex Offenders Act 1997 The Sex Offenders Act 1997 (c.51) was an Act of the Parliament of the United Kingdom, which made various sex offenders (defined as anyone who has been convicted of sexual offences) subject to notification requirements, thereby implementing a sex ...

. This section was repealed by the

on 1 December 2010. *Section 17 (Liability to other criminal proceedings) preserves the effect of the common law and other enactments dealing with sexual offences, but prevents a person being punished twice for the same conduct.

Part II - Sporting Events: Control of Alcohol etc.

Part II of the Act (sections 18 to 23) allow the Scottish Ministers (formerly the

Secretary of State for Scotland The secretary of state for Scotland ( gd, Rùnaire Stàite na h-Alba; sco, Secretar o State fir Scotland), also referred to as the Scottish secretary, is a Secretary of State (United Kingdom), secretary of state in the Government of the Unit ...

) to designate sports grounds or sports events, to which certain special controls apply. Section 19 creates offences of being in possession of

alcohol Alcohol most commonly refers to: * Alcohol (chemistry), an organic compound in which a hydroxyl group is bound to a carbon atom * Alcohol (drug), an intoxicant found in alcoholic drinks Alcohol may also refer to: Chemicals * Ethanol, one of sev ...

, allowing the possession of alcohol, or being drunk on vehicles going to or from a designated sporting event. Section 20 creates offences of being in possession of a controlled container, a controlled article or substance or alcohol in a relevant area of a designated sports ground, or of attempting to enter the ground while in possession. Controlled articles/substances include

firework Fireworks are a class of low explosive pyrotechnic devices used for aesthetic and entertainment purposes. They are most commonly used in fireworks displays (also called a fireworks show or pyrotechnics), combining a large number of devices in ...

distress flare A flare gun, also known as a Very pistol or signal pistol, is a large-bore handgun that discharges flares, blanks and smoke. The flare gun is typically used to produce a distress signal. Types The most common type of flare gun is a Very (so ...

fog signal A foghorn or fog signal is a device that uses sound to warn vehicles of navigational hazards such as rocky coastlines, or boats of the presence of other vessels, in foggy conditions. The term is most often used in relation to marine transport. W ...

s and other substances that can be used as a

flare A flare, also sometimes called a fusée, fusee, or bengala in some Latin-speaking countries, is a type of pyrotechnic that produces a bright light or intense heat without an explosion. Flares are used for distress signaling, illumination, ...

. Controlled containers are those that could be used as a missile, e.g. a beer bottle. It is also an offence for a person to be drunk in the relevant area of a designated sports ground, or to attempt to enter the ground while drunk. Section 21 gives the police powers of entry and search. These provisions were previously in the

Criminal Justice (Scotland) Act 1980 The Criminal Justice (Scotland) Act 1980 is an Act of Parliament in the United Kingdom (citation 1980 c.62). It decriminalized private homosexual acts between two consenting adults in Scotland when it came into effect on 1 February 1981. "Subjec ...

. Current designations are under the

Sports Grounds and Sporting Events (Designation)(Scotland) Order 2004 Sport pertains to any form of Competition, competitive physical activity or game that aims to use, maintain, or improve physical ability and Skill, skills while providing enjoyment to participants and, in some cases, entertainment to specta ...

. The Sports Grounds and Sporting Events (Designation)(Scotland) Amendment Order 2007 de-designated Senior Men's International Rugby Union Matches played at

Murrayfield Stadium Murrayfield Stadium (known as BT Murrayfield Stadium for sponsorship reasons, or popularly as Murrayfield) is a Rugby stadium located in the Murrayfield area of Edinburgh, Scotland. It has a seating capacity of 67,144 making it the largest sta ...

and

Hampden Park Hampden Park (Scottish Gaelic: ''Pàirc Hampden''), often referred to as Hampden, is a football stadium in the Mount Florida area of Glasgow, Scotland. The -capacity venue serves as the national stadium of football in Scotland. It is the no ...

, allowing alcohol to be sold at matches during the

2007 Rugby World Cup The 2007 Rugby World Cup was the sixth Rugby World Cup, a quadrennial international rugby union competition inaugurated in 1987. Twenty nations competed for the Webb Ellis Cup in the tournament, which was hosted by France from 7 September to 2 ...

Part III - Detention by Customs Officers

Part III of the Act deals with detention and questioning by

customs officers A customs officer is a law enforcement agent who enforces customs laws, on behalf of a government. Canada Canadian customs officers are members of the Canada Border Services Agency. It was created in 2003 and preceded by the Canada Customs and ...

. These sections were formerly sections 48 to 50 of the

Criminal Justice (Scotland) Act 1987 Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

. Section 24 gives officers of

Her Majesty's Revenue and Customs , patch = , patchcaption = , logo = HM Revenue & Customs.svg , logocaption = , badge = , badgecaption = , flag = , flagcaption = , image_size = , co ...

power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence. The power applies only to offences relating to "assigned matters" (defined in section 1 of the

Customs and Excise Management Act 1979 Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs h ...

which are punishable by imprisonment. Subsections (5) and (8) set out various protections for the rights of the detained person. Section 25 provides that where a person is detained under section 24, he is entitled to have intimation of his detention and of the place of detention sent to a solicitor and to one other person named by him without delay, and the person is to be informed of this entitlement. Where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, this is to be done with no more delay than is so necessary. Where the detained person is a child (under 16), notification is to be sent to the child's parent, who is entitled to attend. Section 26 provides further powers in connection with drug smuggling offences, where it is believed that a controlled drug is secreted in a person's body. The section authorises detention for up to 24 hours, the taking of blood and urine samples, intimate searches by a registered medical practitioner. The period of detention can be extended up to 7 days in certain circumstances on application by the procurator fiscal to the sheriff.

Part IV - Investigation of Serious or Complex Fraud

Part IV of the Act deals with the investigation of serious or complex

fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...

. These sections were formerly sections 51 to 54 of the

. Section 27 empowers the

Lord Advocate , body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Dorothy Bain QC.png , incumbent = Dorothy Bain KC , incumbentsince = 22 June 2021 , appointer = Monarch on the advice ...

to make a direction where it appears to the Lord Advocate— :(a) that a suspected offence may involve serious or complex fraud; and :(b) that, for the purpose of investigating the affairs or any aspect of the affairs of any person, there is good reason to do so. Where a direction has been made, the special investigatory powers in section 28 apply. The Lord Advocate may also give a direction under this section by virtue of section 15(4) of the

Crime (International Co-operation) Act 2003 The Crime (International Co-operation) Act 2003 (c.32) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the Britis ...

or on a request being made to him by the Attorney-General of the Isle of Man,

Jersey Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west F ...

Guernsey Guernsey (; Guernésiais: ''Guernési''; french: Guernesey) is an island in the English Channel off the coast of Normandy that is part of the Bailiwick of Guernsey, a British Crown Dependency. It is the second largest of the Channel Islands ...

acting under corresponding legislation. Section 28 sets out special powers of investigation which are available when a direction has been made. A person nominated by the Lord Advocate may require the person under investigation, or anyone else who may have relevant information, to answer questions or furnish information or provide documents relevant to the investigation. There is power to obtain a search warrant where documents are not provided or for other special reasons. There are also protections for information subject to legal professional privilege.

Part V - Drug Trafficking

Part V of the Act formerly dealt with

drug trafficking A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via insuffla ...

. It was repealed by the

Proceeds of Crime Act 2002 The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the U ...

Part VI - Miscellaneous and General

Part VI of the Act contains a number of miscellaneous provisions. *False oaths (sections 44 to 46). Section 44 provides that it is an offence to make a false statement on oath or in a variety of declarations, returns etc. It is also an offence to seek to be entered in any professional register by means of false declarations or certificates. Section 45 provides that aiding, abetting, counselling, procuring or inciting an offence under section 44 is also an offence, and preserves the common law of perjury and fraud. Section 46 provides that the forms and ceremonies used in taking an oath are immaterial for the purpose of the section 44 offence, and provides for extraterritorial jurisdiction. These provisions were formerly in the

False Oaths (Scotland) Act 1933 False or falsehood may refer to: *False (logic), the negation of truth in classical logic *Lie or falsehood, a type of deception in the form of an untruthful statement *false (Unix), a Unix command * ''False'' (album), a 1992 album by Gorefest *Ma ...

. *False monetary instruments (section 46A). Section 46A was inserted by the

. It provides that it is an offence for a person to counterfeit or falsify a specified monetary instrument with the intention that it be uttered as genuine, and for a person to have in his custody or control, without lawful authority or excuse, a counterfeit or falsified monetary instrument or devices or materials designed or adapted for making such instruments. The penalties for these offences are up to 10 years imprisonment. The section applies to instruments specified in the False Monetary Instruments (Scotland) Order 2005 (SSI 2005/321), i.e.

money order A money order is a directive to pay a pre-specified amount of money from prepaid funds, making it a more trusted method of payment than a cheque. History The money order system was established by a private firm in Great Britain in 1792 and was ...

postal order A postal order or postal note is a type of money order usually intended for sending money through the mail. It is purchased at a post office and is payable at another post office to the named recipient. A fee for the service, known as poundage, ...

s, United Kingdom postage stamps,

share certificate In corporate law, a stock certificate (also known as certificate of stock or share certificate) is a legal document that certifies the legal interest (a bundle of several legal rights) of ownership of a specific number of shares (or, under Ar ...

cheque A cheque, or check (American English; see spelling differences) is a document that orders a bank (or credit union) to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The pers ...

s and other

bills of exchange A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a ...

, travellers' cheques, bankers' drafts,

promissory note A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financing instrument and a debt instrument), in which one party (the ''maker'' or ''issuer'') promises in writing to pay a determinate sum of ...

cheque card A cheque guarantee card was an abbreviated portable letter of credit granted by a bank to a qualified depositor in the form of a plastic card that was used in conjunction with a cheque. The scheme provided retailers accepting cheques with grea ...

debit card A debit card, also known as a check card or bank card is a payment card that can be used in place of cash to make purchases. The term '' plastic card'' includes the above and as an identity document. These are similar to a credit card, but u ...

s, and

credit card A credit card is a payment card issued to users (cardholders) to enable the cardholder to pay a merchant for goods and services based on the cardholder's accrued debt (i.e., promise to the card issuer to pay them for the amounts plus the o ...

s. *Offensive weapons (section 47 to 50). Section 47 makes it an offence for a person to have any offensive weapon with him in a public place without lawful authority or reasonable excuse. Section 49 makes it an offence to have a bladed or sharply pointed article in a public place without good reason or lawful authority. There is a defence where the person had the article with him for use at work, for religious reasons or as part of any national costume (e.g. a

sgian dubh The ( ; ) – also anglicized as skene – is a small, single-edged knife ( gd, sgian) worn as part of traditional Scottish Highland dress along with the kilt. Originally used for eating and preparing fruit, meat, and cutting bread and cheese, ...

kirpan The kirpan is a curved, single-edged dagger or knife carried by Sikhs. Traditionally, it was a full-sized sword but modern Sikhs have reduced the length to that of a dagger or knife due to modern considerations based on societal and legal chang ...

). The maximum penalty for these offences is 4 years imprisonment. Sections 48 and 50 provide for powers of search. These provisions were formerly in the

Prevention of Crime Act 1953 The Prevention of Crime Act 1953 (C.14) is an Act of the Parliament of the United Kingdom that restricts the carrying of offensive weapons in public. The Act was passed in response to the large rise in violent crime in the United Kingdom, with ...

, the

, and the

Carrying of Knives etc. (Scotland) Act 1993 Carry or carrying may refer to: People *Carry (name) Finance * Carried interest (or carry), the share of profits in an investment fund paid to the fund manager * Carry (investment), a financial term: the carry of an asset is the gain or cost of h ...

. * Racially aggravated harassment (section 50A). Section 50A was inserted by the

Crime and Disorder Act 1998 The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex ...

. It makes it an offence if a person- :(a) pursues a racially aggravated course of conduct which amounts to harassment of a person and— ::(i) is intended to amount to harassment of that person; or ::(ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or :(b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress. :The maximum penalty on conviction on indictment is seven years imprisonment and/or an unlimited fine. * Reset (section 51). Section 51 ensures that the offence of resetting of property extends to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition, as well as the receiving of property taken by theft or robbery. This provision was previously in the Criminal Procedure (Scotland) Act 1975. *

Vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The term f ...

(section 52). Section 52 provides that a person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism. Acts of wilful fireraising are excluded. The offence is triable summarily, with a maximum penalty of 6 months imprisonment. This provision was previously contained in the

Parliamentary proceedings

Lords Hansard - Introduction

Sources

*{{UK-LEG, Criminal Law (Consolidation) (Scotland) Act 1995, ukpga/1995/39, Criminal Law (Consolidation) (Scotland) Act 1995
Sexual Offences (Scotland) Bill

References

1995 in law United Kingdom Acts of Parliament 1995 Acts of the Parliament of the United Kingdom concerning Scotland 1995 in Scotland Scottish criminal law

Part I - Sexual Offences

Incest and related offences

Offences against children

Procuring, prostitution, etc.

Homosexual offences

Miscellaneous

Part II - Sporting Events: Control of Alcohol etc.

Part III - Detention by Customs Officers

Part IV - Investigation of Serious or Complex Fraud

Part V - Drug Trafficking

Part VI - Miscellaneous and General

See also

Parliamentary proceedings

Sources

References