Criminal Justice and Licensing (Scotland) Act 2010

[^key-bf80f4112ccb2f485d1556b8cc83840d]: Sch. 7 para. 57 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-c122d89a899dc8da9158b7bb78059e71]: Sch. 7 para. 58 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-bac822575eed7f71ef92814b666de86f]: Sch. 7 para. 62 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-f278639ad46cad0ebef6641d8b5585dd]: Sch. 7 para. 71 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-68bbaf6c2b703529a4cb28bee4086b7f]: Sch. 7 para. 73 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-ce776ed11c269de54ef74acf22bcf219]: Sch. 7 para. 75 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-b5e746afddf14d55da6c53d70e65ccc0]: Sch. 7 para. 76 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-ff61841d19ea24c1d49e7a0b83488385]: Sch. 7 para. 84 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-4674bb90793067afbea0c69e2b217d7b]: Sch. 7 para. 85 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-15348bf672fc91c8c2e7eacf217fed6a]: Sch. 7 para. 87 in force at 25.6.2012 with application in accordance with art. 3 by S.S.I. 2012/160, art. 3, Sch. (with art. 4)

[^key-7012ba143346ae158a0f7987a1beff0e]: S. 177 in force at 1.10.2012 by S.S.I. 2011/178, art. 2, Sch. (with art. 10)

[^key-498690e706b75ee7b994ed2442a694b8]: Sch. 2 para. 38 repealed (22.10.2012) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 3; S.I. 2012/2530, art. 2(2)(g)

[^key-330a26f034e90ca13c37d19aac2c26a7]: Words in s. 179(3) substituted (9.11.2012) by The Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012 (S.S.I. 2012/304), arts. 1(2), 2

[^key-896ff2d5eb562040680e0ed723f9e2de]: S. 31(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-72ce7b2e71d453dd9b68afcad897f027]: S. 56 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-439280c58ef4c8c44d185b95eb0a5b0e]: Words in s. 117(4)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 42(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-2f25126f877dfb4b8de62987b4bf97cd]: S. 164(3)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 42(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-5d352e4e4787b989761fd1085f0c4f99]: Words in s. 132 inserted (22.4.2013) by The Scotland Act 2012 (Consequential Provisions) Order 2013 (S.I. 2013/728), arts. 1, 3

[^key-4ee7cdc330baa7e13c21dc2110fae99f]: S. 102(1)(2) in force at 8.7.2013 in so far as not already in force by S.S.I. 2013/214, art. 2 (with art. 3)

[^key-93fbba7f70cbb77b4e979454c0da6b3b]: S. 1(1) in force at 7.5.2015 by S.S.I. 2015/177, art. 2(a)

[^key-b87609ecbd885578b7713a59126075d6]: S. 1(2) in force at 7.5.2015 for specified purposes by S.S.I. 2015/177, art. 2(b)

[^key-e97b03cd7727a3a4ad0a0d0979680bf7]: Sch. 1 para. 2 in force at 7.5.2015 for specified purposes by S.S.I. 2015/177 , art. 2(c)

[^key-f7848843255ff75513e17d9ca2aaa748]: Words in s. 153(1)-(5) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 13(2) (with art. 4)

[^key-c37bc021e05894a9cc72cf6c1308c640]: Words in s. 153(10) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 13(3) (with art. 4)

[^key-2a4ea782d70709ed28cc7f7115171029]: S. 1(2) in force at 19.10.2015 in so far as not already in force by S.S.I. 2015/336, art. 2(a)

[^key-e4121fef24229b99768ad993847007f8]: S. 2 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-0a174df6e3cab7544af3476567fb7274]: S. 3 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-139ac54ec61bc929cb060b2e243c4c1c]: S. 4 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-49600a44e81748bf076b7c50a0fc52e9]: S. 5 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-e1ab7d646aeaa9c566e3c24200057353]: S. 6 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-82de934f53503d21c8792f3ca2a784ca]: S. 7 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-1758ab18ce4d2a6e3d64f716c7aebbf1]: S. 8 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-d1cdb2d2c43b065490aff2e8991068e2]: S. 9 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-d0412a8abeea5441330d2b4f75a8100a]: S. 10 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-cbc0af731b64dbfeea27d2e133288f12]: S. 11 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-d75fdca323cf9320fe85dc847401dd2b]: S. 12 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-9f3107f8f080b72cc4a637e712cd72b4]: S. 13 in force at 19.10.2015 by S.S.I. 2015/336, art. 2(a)

[^key-aad58feae8034c95abeb8d1d938174cc]: Sch. 1 para. 1 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-986a61839dde412fa07319cc0fc2642d]: Sch. 1 para. 2 in force at 19.10.2015 in so far as not already in force by S.S.I. 2015/336 , art. 2(b)

[^key-091d56ecd253cec3bee43c3660d2116d]: Sch. 1 para. 3 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-b7751cd87a3f5047ecdb2110d828b293]: Sch. 1 para. 4 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-9997230033edbb31fa94db09553939e0]: Sch. 1 para. 5 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-043f243d699115a2d5f74bb35cec2882]: Sch. 1 para. 6 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-80abc8d03f799cdba11ebaff708deb88]: Sch. 1 para. 7 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-18d48b0918abe592bac28bda7eaf75ac]: Sch. 1 para. 8 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-4ffbd074dfd2d8861a74a491d062f4ae]: Sch. 1 para. 9 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-a68339872c95edcfb10421214ca8a7d0]: Sch. 1 para. 10 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-f67f279fa634753599f3871bdca10956]: Sch. 1 para. 11 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-a519e2a05e2e7f7dd68f5b144cc64bd8]: Sch. 1 para. 12 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-df22cedf6ef0a7ec79cc1e5030d7ab16]: Sch. 1 para. 13 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-4846a8dcfa5100c133929e679a5fb16a]: Sch. 1 para. 14 in force at 19.10.2015 by S.S.I. 2015/336 , art. 2(b)

[^key-186a858f93bb9358090f2e7939affae6]: S. 6(4) substituted (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(2)(a); S.S.I. 2015/336, art. 2(d)

[^key-69aa881b1a958e4741d4a4b4cff6e8fc]: Words in s. 6(5) inserted (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(2)(b); S.S.I. 2015/336, art. 2(d)

[^key-2a95f9d6784802d7d75606dd047cadfd]: S. 8A inserted (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(3); S.S.I. 2015/336, art. 2(d)

[^key-0f3a0824d8dd7f4ef5c3e723d7bb0997]: S. 9 title substituted (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(4)(c); S.S.I. 2015/336, art. 2(d)

[^key-3098d1ce7d1bb3056f096271283db760]: Words in s. 9(1) substituted (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(4)(a); S.S.I. 2015/336, art. 2(d)

[^key-efd329c6e2c276b29a6284f969141a39]: Words in s. 9(2) inserted (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(4)(b); S.S.I. 2015/336, art. 2(d)

[^key-3a8983e7952943ac4774e4ba09e02d17]: Word in s. 13(3) repealed (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(5)(a); S.S.I. 2015/336, art. 2(d)

[^key-70ac6bbfc1a74d39751245d9d3da667b]: S. 13(3)(f) and word inserted (19.10.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 17(5)(b); S.S.I. 2015/336, art. 2(d)

[^key-648c9e06e94aabbb2a16ac1f66c4fa10]: Sch. 1 para. 6A inserted (28.11.2015) by The Criminal Justice and Licensing (Scotland) Act 2010 (Supplementary Provision) Order 2015 (S.S.I. 2015/388) , arts. 1 , 2

[^key-c8488200c29ef7880076aa98f2960b93]: Words in sch. 1 para. 1(3)(c) substituted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142), art. 1, sch. para. 4

[^key-40faf6646e647912d7791bc272c1a13f]: S. 47 repealed (17.12.2016) by Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12), s. 45(2), sch. para. 5 (with s. 44); S.S.I. 2016/385, reg. 2 (with reg. 3)

[^key-83740839597fbc4caf161cf3e6f815d5]: Sch. 7 para. 66 repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 49(b), 61(2); S.S.I. 2017/197, art. 2, sch.

[^key-382cb44ee6fb60f670e0d20828db9e6c]: S. 179 in force at 30.3.2018 by S.S.I. 2017/445, art. 2 (with art. 3)

[^key-a5f81cfc558c7458e2f522b0f590d3ea]: Words in s. 159 substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 51 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

[^key-d895b2a561d5ec65db68aeb0f5db2625]: S. 184(2)(3)(a)(ii) in force at 29.6.2018 in so far as not already in force by S.S.I. 2018/102, art. 2(a)

[^key-e195838a5b092b9959ea1ea9bbdf4d86]: S. 184(4)(5) in force at 29.6.2018 by S.S.I. 2018/102, art. 2(a)

[^key-5c76e3318a68ea7e3e7d891c8b581d90]: S. 197 in force at 29.6.2018 by S.S.I. 2018/102, art. 2(b) (with art. 4)

[^key-aef786545379ecb0ab0af3f7e549373a]: S. 71(2) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 15(2) (with reg. 16)

[^key-0c7fe3de00e5a3d7ad2d3abb9eb9fd0a]: S. 71(3) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 15(2) (with reg. 16)

[^key-f12d6d50e6f6384d8e4bc63ece769562]: S. 71(4) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 15(2) (with reg. 16)

[^key-a179922b443ba51013a5938e1a5f47c5]: S. 201(4)(b) omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 15(3) (with reg. 16)

[^key-599bb41df0e3e3516841c8d1dfe22557]: Words in sch. 4 para. 12 inserted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 15(4)(a) (with reg. 16)

[^key-63874702c520e517cc343fe8232f85a0]: Word in sch. 4 para. 12 omitted (31.12.2020) by virtue of The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 15(4)(b) (with reg. 16)

[^key-50d2696f2e968f4fe1a17338543ceee5]: S. 39A inserted (29.6.2021) by Domestic Abuse Act 2021 (c. 17), s. 90(6), Sch. 3 para. 6; S.S.I. 2021/239, reg. 2

[^key-e67f31c0c22f0845f4512b7e042eb66f]: S. 98 in force at 8.11.2021 by S.S.I. 2021/355, art. 2

Meaning of “information”

Provision of information to prosecutor: solemn cases

Disclosure in relation to 2011 Act proceedings

140A

In sections 140B to 140F—

• “ 2011 Act ” means the Double Jeopardy (Scotland) Act 2011 (asp 16),

• “ 2011 Act proceedings ” means— an application under section 2(2), section 3(3)(b) or section 4(3)(b) of the 2011 Act to set aside a person's acquittal and grant authority for a new prosecution,an application under subsection (3) of section 11 of that Act to charge a person as mentioned in subsection (2) of that section,an application under subsection (3) of section 12 of that Act to charge, and prosecute anew, a person as mentioned in subsection (2) of that section,

• “ respondent ” means the person to whom the 2011 Act proceedings relate.

Duty to disclose on institution of 2011 Act proceedings

140B

• (1) This section applies where 2011 Act proceedings are instituted in relation to a respondent.

• (2) As soon as practicable after the relevant act the prosecutor must—

• (a) review all information of which the prosecutor is aware that relates to the 2011 Act proceedings, and

• (b) disclose to the respondent any information that falls within subsection (3).

• (3) Information falls within this subsection if it is—

• (a) information that the prosecutor was required by virtue of section 121(2)(b), 123(2)(b), 133(2)(b), 134(2)(b), 136(2), 137(2) or 138(2) to disclose in, or in relation to, the first proceedings but did not disclose,

• (b) information to which, during the first proceedings, the prosecutor considered paragraph (a) or (b) of section 121(3) or subsection (3) of section 133 did not apply but to which the prosecutor now considers one or both of those paragraphs or that subsection would apply,

• (c) information of which the prosecutor has become aware since the disposal of the first proceedings that, had the prosecutor been aware of it during or after those proceedings, the prosecutor would have been required to disclose by virtue of section 121(2)(b), 123(2)(b), 133(2)(b), 134(2)(b), 136(2), 137(2) or 138(2), or

• (d) information of which the prosecutor has become aware since the disposal of the first proceedings, other than information that falls within paragraph (c), which—

• (i) would materially weaken or undermine the evidence that is likely to be led or relied on by the prosecutor in the 2011 Act proceedings involving the respondent,

• (ii) would materially strengthen the respondent's case, or

• (iii) is likely to form part of the evidence to be led or relied on by the prosecutor in the 2011 Act proceedings involving the respondent.

• (4) The prosecutor need not disclose under subsection (2)(b) anything that the prosecutor has already disclosed to the respondent.

• (5) In this section—

• “ appellate proceedings ” has the meaning given by section 132,

• “ first proceedings ”, in relation to 2011 Act proceedings, means the proceedings (including any appellate proceedings or other appeal) in or as a result of which the respondent was convicted or acquitted,

• “ relevant act ” means the making of the application under section 2(2), 3(3)(b), 4(3)(b), 11(3) or 12(3) of the 2011 Act.

Continuing duty of prosecutor

140C

• (1) This section applies where—

• (a) the prosecutor has complied with section 140B(2) in relation to a respondent, and

• (b) during the relevant period, the prosecutor becomes aware of information which relates to the 2011 Act proceedings and falls within section 140B(3).

• (2) The prosecutor must disclose to the respondent any information that falls within section 140B(3).

• (3) The prosecutor need not disclose under subsection (2) anything that the prosecutor has already disclosed to the respondent.

• (4) Nothing in this section requires the prosecutor to carry out a review of information of which the prosecutor is aware.

• (5) In subsection (1), “ relevant period ” means the period—

• (a) beginning with the prosecutor's compliance with section 140B(2), and

• (b) ending with the relevant conclusion.

• (6) In subsection (5), “ relevant conclusion ” means the disposal or abandonment of the 2011 Act proceedings.

Application to prosecutor for further disclosure

140D

• (1) This section applies where—

• (a) the prosecutor has complied with section 140B(2) in relation to a respondent, and

• (b) the respondent lodges a further disclosure request—

• (i) during the preliminary period, or

• (ii) if the court on cause shown allows it, after the preliminary period but before the relevant conclusion.

• (2) A further disclosure request must set out—

• (a) the nature of the information that the respondent wishes the prosecutor to disclose, and

• (b) the reasons why the respondent considers that disclosure by the prosecutor of any such information is necessary.

• (3) As soon as practicable after receiving a copy of the further disclosure request the prosecutor must—

• (a) review any information of which the prosecutor is aware that relates to the request, and

• (b) disclose to the respondent any of that information that falls within section 140B(3).

• (4) The prosecutor need not disclose under subsection (3)(b) anything that the prosecutor has already disclosed to the respondent.

• (5) In this section—

• “ preliminary period ”, in relation to the 2011 Act proceedings concerned, means the period beginning with the relevant act and ending with the beginning of the hearing of the 2011 Act proceedings,

• “ relevant act ” has the meaning given by section 140B(5),

• “ relevant conclusion ” has the meaning given by section 140C(6).

Court rulings on disclosure: 2011 Act proceedings

Application by respondent for ruling on disclosure

140E

• (1) This section applies where the respondent—

• (a) has made a further disclosure request under section 140D, and

• (b) considers that the prosecutor has failed, in responding to the request, to disclose to the respondent an item of information falling within section 140B(3) (the “information in question”).

• (2) The respondent may apply to the court for a ruling on whether the information in question falls within section 140B(3).

• (3) An application under subsection (2) is to be made in writing and must set out—

• (a) a description of the information in question, and

• (b) the respondent's grounds for considering that the information in question falls within section 140B(3).

• (4) On receiving an application under subsection (2), the court must appoint a hearing at which the application is to be considered and determined.

• (5) However, the court may dispose of the application without appointing a hearing if the court considers that the application does not—

• (a) comply with subsection (3), or

• (b) otherwise disclose any reasonable grounds for considering that the information in question falls within section 140B(3).

• (6) At a hearing appointed under subsection (4), the court must give the prosecutor and the respondent an opportunity to be heard before determining the application.

• (7) On determining the application, the court must make a ruling on whether the information in question, or any part of the information in question, falls within section 140B(3).

• (8) In this section and in section 140F, “the court” means the High Court.

• (9) Except where it is impracticable to do so, the application is to be assigned to the judge or judges who are to hear the 2011 Act proceedings.

140F

• (1) This section applies where—

• (a) a court has made a ruling under section 140E that an item of information (the “information in question”) does not fall within section 140B(3), and

• (b) during the relevant period—

• (i) the respondent becomes aware of information (“secondary information”) that was unavailable to the court at the time it made its ruling, and

• (ii) the respondent considers that, had the secondary information been available to the court at that time, it would have made a ruling that the information in question does fall within section 140B(3).

• (2) The respondent may apply to the court which made the ruling for a review of the ruling.

• (3) An application under subsection (2) is to be made in writing and must set out—

• (a) a description of the information in question and the secondary information, and

• (b) the respondent's grounds for considering that the information in question falls within section 140B(3).

• (4) On receiving an application under subsection (2), the court must appoint a hearing at which the application is to be considered and determined.

• (5) However, the court may dispose of the application without appointing a hearing if the court considers that the application does not—

• (a) comply with subsection (3), or

• (b) otherwise disclose any reasonable grounds for considering that the information in question falls within section 140B(3).

• (6) At a hearing appointed under subsection (4), the court must give the prosecutor and the respondent an opportunity to be heard before determining the application.

• (7) On determining the application, the court may—

• (a) affirm the ruling being reviewed, or

• (b) recall that ruling and make a ruling that the information in question, or any part of the information in question, falls within section 140B(3).

• (8) Except where it is impracticable to do so, the application is to be assigned to the judge or judges who dealt with the application for the ruling that is being reviewed.

• (9) Nothing in this section affects any right of appeal in relation to the ruling being reviewed.

• (10) In this section, “relevant period”, in relation to a respondent, means the period—

• (a) beginning with the making of the ruling being reviewed, and

• (b) ending with the relevant conclusion.

• (11) In subsection (10), “relevant conclusion” has the meaning given by section 140C(6).

Application for non-notification order and exclusion order

Order preventing or restricting disclosure: application by Secretary of State

Application for ancillary orders: Secretary of State

Persons eligible for appointment as special counsel

Prohibition on disclosure pending determination of certain appeals

Review of section 146 order

Review by court of section 145 and 146 orders

Exemptions from disclosure

Redaction of non-disclosable information by prosecutor

Contravention of section 162

Interpretation of Part 6

Criminal responsibility of persons with mental disorder

Abolition of common law rules

Conditions to which licences under 1982 Act are to be subject

Licensing: powers of entry and inspection for civilian employees

Licensing of taxis and private hire cars

Licensing of street trading: food hygiene certificates

Licensing of public entertainment

Licensing of late night catering

Applications for licences

Premises licence applications: statements about disabled access etc.

Reviews of premises licences: notification of determinations

Provisional premises licences: duration

Premises licence applications: food hygiene certificates

Provision of copies of licences to chief constable

Occasional licences

Extended hours applications: notification period

Extended hours applications: variation of conditions

Appeals

Further modifications of 2005 Act

Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

Orders and regulations

8A

• (1) Where the Sheriff Appeal Court pronounces an opinion under section 189(7) of the 1995 Act, the Court may require the Council to—

• (a) prepare, for the approval of the High Court of Justiciary, sentencing guidelines on any matter, or

• (b) review any sentencing guidelines published by the Council on any matter.

• (2) On making a requirement under subsection (1), the Sheriff Appeal Court must state its reasons for doing so.

• (3) The Council must comply with a requirement made under subsection (1) and, in doing so, must have regard to the Sheriff Appeal Court's reasons for making the requirement.

Remuneration and expenses of members

6A

• (1) A member of the Council is entitled to such remuneration and expenses, if any, as the relevant authority may determine.

• (2) The “relevant authority” is—

• (a) in relation to a judicial member or a legal member, the Lord Justice General, or

• (b) in relation to a lay member, the Scottish Ministers.

• (3) Different remuneration or expenses may be determined under sub-paragraph (1) for members of different descriptions.

• (4) It is for the Scottish Courts and Tribunals Service to pay any remuneration or expenses to which a member is entitled by virtue of sub-paragraph (1).

39A

• (1) If—

• (a) a person's course of conduct consists of or includes conduct in a country outside the United Kingdom,

• (b) the course of conduct would constitute the offence of stalking if it occurred in Scotland, and

• (c) the person is a United Kingdom national or is habitually resident in Scotland,

then the person commits that offence.

• (2) If a person's course of conduct consists entirely of conduct in a country outside the United Kingdom—

• (a) the person may be prosecuted, tried and punished for an offence of stalking by virtue of this section—

• (i) in any sheriff court district in Scotland in which the person is apprehended or is in custody, or

• (ii) in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed entirely in that district, and

• (b) the offence is, for all purposes incidental to or consequential on trial or punishment, to be deemed to have been committed entirely in that district.

• (3) In this section—

• “country” includes territory;

• “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation);

• “United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 is a British subject, ora British protected person within the meaning of that Act.