Criminal Law (Consolidation) (Scotland) Act 1995

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Criminal Law (Consolidation) (Scotland) Act 1995

Criminal Law (Consolidation) (Scotland) Act 1995

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a) did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was related in a degree so specified; or 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.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— I Sexual Offencesb) section 4(1) or 10(1) of the Sexual Offences (Scotland) Act 1976 or section 5 or 6 of the Criminal Law Amendment Act 1885 (the enactments formerly creating the offences mentioned in subsection (3) above and section 10(1) of this Act); or Section 13 (homosexual offences) provides that a homosexual act (defined as sodomy 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. 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. 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.

Any person who has unlawful sexual intercourse with any girl under the age of 13 years shall be liable on conviction on indictment to imprisonment for life. For the purpose of this section, a degree of relationship exists in the case of a degree specified in paragraph 1 of the Table— 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.

a) obtain information about that person's circumstances from an officer of a local authority or otherwise and consider that information; and 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 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. The section formerly dealt with conspiracy as well as incitement, but this was removed by the Criminal Justice (Terrorism and Conspiracy) Act 1998, which made general provision for extraterritorial conspiracy offences. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. Sections 5 and 6 were repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. [2] Procuring, prostitution, etc. [ edit ]

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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]



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