The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012

Made: 21st May 2012

Laid before the Scottish Parliament: 23rd May 2012

Coming into force: 25th June 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections201(1), (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010[^f00001].

Citation and commencement

1

This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No.10 and Saving Provisions) Order 2012 and comes into force on 25th June 2012.

Interpretation

2

• (1) In this Order “the Act” means the Criminal Justice and Licensing (Scotland) Act 2010.

• (2) For the purposes of this Order criminal proceedings are commenced—

• (a) in summary proceedings, on the date of the first calling of the case; and

• (b) in solemn proceedings, on the date on whichever of the following first occur—

• (i) the grant of a warrant to arrest and commit;

• (ii) the intimation of a petition; or

• (iii) the service of an indictment.

Commencement of provisions

3

The provisions of the Act specified in column1 of the Schedule (the subject matter of which is specified in column2 of the Schedule) come into force on 25thJune 2012 and apply to criminal proceedings commenced on or after that date irrespective of the date the offence was committed.

Saving provisions

4

• (1) The rules of law referred to in section 171 of the Act continue to have effect in relation to criminal proceedings commenced before 25th June 2012.

• (2) The common law of diminished responsibility continues to have effect in relation to criminal proceedings commenced on or after 25th June 2012 where the conduct giving rise to the proceedings took place before that date, the case proceeding as if—

• (a) section 168 of the Act (in so far as inserting section 51B of the Criminal Procedure (Scotland) Act 1995[^f00002]; and

• (b) section 171 of the Act (in so far as abolishing the plea of diminished responsibility),

had not been commenced.

SCHEDULE

Signed

KENNY MACASKILL — A member of the Scottish Executive — 21st May 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6thAugust 2010. Sections201, 202, 204, 205 and 206 of the Act came into force on Royal Assent.

This Order brings into force sections168 to 171 of the Act (and related provisions in Schedule7 of the Act). These provisions implement the Scottish Law Commission’s Report on Insanity and Diminished Responsibility. The provisions come into force on 25thJune 2012 and apply in general to all criminal proceedings commenced on or after that date, irrespective of when the conduct giving rise to the proceedings occurred.

There is one exception to this general approach. In the light of developments in the common law of diminished responsibility that have occurred since the Act received Royal Assent, section 168 of the Act (in so far as inserting section 51B in the Criminal Procedure (Scotland) Act 1995) does not apply where the conduct giving rise to the proceedings took place before 25th June 2012, even when the proceedings are commenced after that date. In such cases the common law of diminished responsibility continues to have effect.

Footnotes

[^f00001]: 2010 asp13.

[^f00002]: 1995 c.46.