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Statutory Instrument 1997 No. 1712 (C. 72) (S. 128)
The Crime and Punishment (Scotland) Act 1997 (Commencement and Transitional Provisions) Order 1997
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
1997 No. 1712 (C. 72) (S. 128)
CRIMINAL LAW, SCOTLAND
The Crime and Punishment (Scotland) Act 1997 (Commencement and Transitional Provisions) Order 1997
The Secretary of State, in exercise of the powers conferred upon him by section 65(2) and (4) of the Crime and Punishment (Scotland) Act 1997[1] and of all other powers enabling him in that behalf, hereby makes the following Order: Citation 1.This Order may be cited as the Crime and Punishment (Scotland) Act 1997 (Commencement and Transitional Provisions) Order 1997. Interpretation 2.In this Order- "the Act" means the Crime and Punishment (Scotland) Act 1997; "the 1995 Act" means the Criminal Procedure (Scotland) Act 1995[2]. Commencement of provisions
3.Subject to articles 4 and 5 below, the provisions of the Act which are specified in column 1 of the Schedule to this Order and described by reference to the subject matter in column 2 of that Schedule shall come into force on 1st August 1997 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
Transitional Provisions
4.The coming into force of section 14 of the Act shall not affect the penalty for an offence committed before 1st August 1997.
5.Section 67A of the 1995 Act as inserted by section 57 of the Act shall apply only in the case of a citation served on or after 1st August 1997.
Henry B McLeish
Minister of State, Scottish Office
St Andrew's House, Edinburgh
10th July 1997
SCHEDULEArticle 3 THE PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST AUGUST 1997
| Column 1 | Column 2 | Column 3 | | Provisions of the Act | Subject matter | Purpose | | Section 12 | Sentence calculation where remand spent in hospital | | | Section 14 | Increase in maximum penalty for certain sexual offences | | | Section 17 | Right of appeal | | | Section 20 | Transfer of rights of appeal of deceased person | Only for the purpose of inserting sections 303A (1) and (2) and (4) to (6) after section 303 of the 1995 Act. | | Section 21 | Increased rights of appeal of prosecutor | | | Section 23 | Appeals against orders under section 49 of the 1995 Act | | | Section 24 | Suspension of certain sentences pending determination of appeal | Only for the purpose of inserting sections 121A(1) to (3) and (4)(a) to (c) and 193A(1) to (3) and (4)(a) to (c) into the 1995 Act. | | Sections 26-32 | Evidential provisions | | | Section 47(1)(a), (b) and (d) and (2) to (5) | Record of evidence taken from external parts of body | | | Section 55 | Liberation of child by police | | | Section 56 | Powers of court on remand or committal of children and young persons | | | Section 57 | Precognitions | | | Section 58 | Information concerning jurors | | | Section 59 | Certification of previous convictions in criminal proceedings | | | Section 60 | Grants for forensic medical services | | | Section 61 | Confiscation of alcohol from persons under 18 | | | Section 62 | Amendments and repeals | Only for the purpose of bringing into force the provisions of Schedules 1 and 3 specified or referred to in column 1 below. | | Section 63(1)(a)(iii), and (c) and (2) | Financial provisions | | | Section 64 | Interpretation | | | Section 65(1), (5) and (7) | Short title commencement and extent | | | In Schedule 1, paragraphs 2, 6, 8, 9(1), (3)(b),(4) to (6) and (10) to (14), 10(1) and (2)(b), 11, 12(1) and (7), 16, 17, 18(1), (2)(b), (3) to (8), 19, 20, 21(1), (2), (4) and (9) to (15), (17), (19) to (22), (30), (32) and (34)(b) | Amendment of Enactments | | | In Schedule 3, the repeals specified in the Table below | Repeals | |
TABLE
| Chapter | Short Title | Extent of Repeals | | 1967 c.77. | The Police (Scotland) Act 1967 | Section 6(2). | | 1968 c.49. | The Social Work (Scotland) Act 1968 | In section 27(1)(b), the word "and" where it appears after subparagraph (iv). | | 1976 c.67. | The Sexual Offences (Scotland) Act 1976 | The whole Act. | | 1993 c.24. | The Video Recordings Act 1993 | Section 5. | | 1995 c.20. | The Criminal Justice (Scotland) Act 1995 | Section 66. | | 1995 c.25. | The Environment Act 1995 | In Schedule 22, paragraph 35. | | 1995 c.36. | The Children (Scotland) Act 1995 | In Schedule 4, paragraph 35(6). | | 1995 c.40. | The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 | In Part II of Schedule 2, the entry relating to section 1(1) of the Protection of Animals (Scotland) Act 1912. | | | | In Schedule 4, paragraphs 6(4)(a) and (d), 16, 50(7)(b) and 53(3). | | 1995 c.46. | The Criminal Procedure (Scotland) Act 1995 | In section 19(4)(b), the words ", print or impression". | | | | In section 74(4), the word "and" after paragraph (a). | | | | In section 81(6), the word ", signed". | | | | In section 85(1), the words from "but" to the end. | | | | Section 101(5). | | | | In section 104(1)(b), the word "additional". | | | | In section 118(4)(b), the word "additional". | | | | Section 140(3). | | | | In section 141(3), the words "signed by the prosecutor and". | | | | Section 154. In section 179(2), the word "additional". | | | | In section 182(5)(b), the word "additional". | | | | In section 189(1)(b), the word "additional". | | | | In section 204(2), the words from "and" to the end. | | | | In section 234A, subsection (5). |
EXPLANATORY NOTE
(This note is not part of the Order)This Order appoints 1st August 1997 for the coming into force of the provisions of the Crime and Punishment (Scotland) Act 1997 which are specified in the Schedule to the Order. Articles 4 and 5 make transitional provisions.
Notes:[1] 1997 c.48.back [2] 1995 c.46.back
ISBN 0 11 055639 9
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