Criminal Law (Consolidation) (Scotland) Act 1995

Product Information

Prevention of Crime Act 1953 (c. 14) s.1; Criminal Procedure (Scotland) Act 1975 (c. 21) ss. 193A, 298B; Roads (Scotland) Act 1984 (c. 54) Sch.9 §.42; Criminal Justice Act 1988 (c. 33) Sch.8 §.16

For the purpose of this section, a degree of relationship exists in the case of a degree specified in paragraph 1 of the Table— 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) 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. Any step-parent or former step-parent who has sexual intercourse with his or her step-child or former step-child shall be guilty of an offence if that step-child 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, unless the accused proves that he or she—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 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 Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. [1] 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 or on a request being made to him by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under corresponding legislation. No prosecution shall be commenced for an offence under subsection (3) above more than one year after the commission of the offence. public service vehicle” has the same meaning as in the M8Public Passenger Vehicles Act 1981 and “ operator” in relation to such a vehicle means—

shall be guilty of an offence, unless the accused proves that subsection (2) below applies in his or her case. d) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law. Section cited in: one case, 6 Laws or Regulations Amended by c) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law. Summary proceedings in pursuance of this section may be commenced at any time within the period of 6 months from the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge.

Opening Options

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.