Long title | An Act to consolidate for Scotland certain enactments creating offences and relating to criminal law there. |
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Citation | 1995 c. 39 |
Territorial extent | Scotland Scotland, England and Wales, Northern Ireland (sections 27-29) |
Dates | |
Royal assent | 8 November 1995 |
Commencement | 1 April 1996 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.
Sections 5 and 6 were repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. [2]
Section 11 also makes it an offence for a person to keep, manage, or act or assist in the management of a brothel; for a tenant, lessee etc. to knowingly permit premises to be used as a brothel or for habitual prostitution; or for the lessor or landlord (or agent), knowing that premises are used as a brothel, to permit their continued use. The maximum penalty for these offences is 7 years imprisonment, or 12 months on summary conviction.
Section 13 also makes it an offence for a person to live wholly or in part on the earnings of another from male prostitution or to solicit or importune any male person for the purpose of procuring the commission of a homosexual act. The maximum penalty for these offences on indictment is 2 years imprisonment, and on summary conviction 12 months imprisonment.
This section was largely repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010, leaving only the definition of homosexual act, the offences of living off the earnings of male prostitution and soliciting/importuning any male person for the purpose of procuring the commission of a homosexual act, and the provision treating premises as a brothel for the purposes of sections 11 and 12 (described above). [3]
Sections 14 to 18 contain miscellaneous provisions relating to sexual offences.
This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010.
Part II of the Act (sections 18 to 23) allow the Scottish Ministers (formerly the Secretary of State for Scotland) to designate sports grounds or sports events, to which certain special controls apply.
Section 19 creates offences of being in possession of alcohol, allowing the possession of alcohol, or being drunk on vehicles going to or from a designated sporting event.
Section 20 creates offences of being in possession of a controlled container, a controlled article or substance or alcohol in a relevant area of a designated sports ground, or of attempting to enter the ground while in possession. Controlled articles/substances include fireworks, distress flares, fog signals and other substances that can be used as a flare. Controlled containers are those that could be used as a missile, e.g. a beer bottle. It is also an offence for a person to be drunk in the relevant area of a designated sports ground, or to attempt to enter the ground while drunk.
Section 21 gives the police powers of entry and search.
These provisions were previously in the Criminal Justice (Scotland) Act 1980.
Current designations are under the Sports Grounds and Sporting Events (Designation)(Scotland) Order 2004. The Sports Grounds and Sporting Events (Designation)(Scotland) Amendment Order 2007 de-designated Senior Men's International Rugby Union Matches played at Murrayfield Stadium and Hampden Park, allowing alcohol to be sold at matches during the 2007 Rugby World Cup.
Part III of the Act deals with detention and questioning by customs officers. These sections were formerly sections 48 to 50 of the Criminal Justice (Scotland) Act 1987.
Section 24 gives officers of Her Majesty's Revenue and Customs power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence. The power applies only to offences relating to "assigned matters" (defined in section 1 of the Customs and Excise Management Act 1979 which are punishable by imprisonment. Subsections (5) and (8) set out various protections for the rights of the detained person.
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.
Section 26 provides further powers in connection with drug smuggling offences, where it is believed that a controlled drug is secreted in a person's body. The section authorises detention for up to 24 hours, the taking of blood and urine samples, intimate searches by a registered medical practitioner. The period of detention can be extended up to 7 days in certain circumstances on application by the procurator fiscal to the sheriff.
Part IV of the Act deals with the investigation of serious or complex fraud. These sections were formerly sections 51 to 54 of the Criminal Justice (Scotland) Act 1987.
Section 27 empowers the Lord Advocate to make a direction where it appears to the Lord Advocate—
Where a direction has been made, the special investigatory powers in section 28 apply.
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.
Section 28 sets out special powers of investigation which are available when a direction has been made. A person nominated by the Lord Advocate may require the person under investigation, or anyone else who may have relevant information, to answer questions or furnish information or provide documents relevant to the investigation. There is power to obtain a search warrant where documents are not provided or for other special reasons. There are also protections for information subject to legal professional privilege.
Part V of the Act formerly dealt with drug trafficking. It was repealed by the Proceeds of Crime Act 2002
Part VI of the Act contains a number of miscellaneous provisions.
Immorality Act was the title of two acts of the Parliament of South Africa which prohibited, amongst other things, sexual relations between white people and people of other races. The first Immorality Act, of 1927, prohibited sex between whites and blacks, until amended in 1950 to prohibit sex between whites and all non-whites. The second Immorality Act, of 1957, continued this prohibition and also dealt with many other sex offences. The ban on interracial sex was lifted in 1985, but certain sections of the 1957 act dealing with prostitution remain in force as the "Sexual Offences Act, 1957".
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom.
The Criminal Law Amendment Act 1885, or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the latest in a 25-year series of legislation in the United Kingdom of Great Britain and Ireland beginning with the Offences against the Person Act 1861. It raised the age of consent from 13 years of age to 16 years of age and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against prostitution and homosexuality. This act was also notable for the circumstances of its passage in Parliament.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
In English criminal law, a disorderly house is a house in which the conduct of its inhabitants is such as to become a public nuisance, or outrages public decency, or tends to corrupt or deprave, or injures the public interest; or a house where persons congregate to the probable disturbance of the public peace or other commission of crime. To persistently or habitually keep a disorderly house is an offence against the common law, punishable by fine or imprisonment.
Section 11 of the Criminal Law Amendment Act 1885, commonly known as the Labouchere Amendment, made "gross indecency" a crime in the United Kingdom. In practice, the law was used broadly to prosecute male homosexuals where actual sodomy could not be proven. The penalty of life imprisonment for sodomy was also so harsh that successful prosecutions were rare. The new law was much more enforceable. Section 11 was repealed and re-enacted by section 13 of the Sexual Offences Act 1956, which in turn was repealed by the Sexual Offences Act 1967, which partially decriminalised male homosexual behaviour.
The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.
The ages of consent for sexual activity vary from age 15 to 18 across Australia, New Zealand and other parts of Oceania. The specific activity and the gender of its participants is also addressed by the law. The minimum age is the age at or above which an individual can engage in unfettered sexual relations with another person of minimum age. Close in age exceptions may exist and are noted where applicable. In Vanuatu the homosexual age of consent is set higher at 18, while the heterosexual age of consent is 15. Same sex sexual activity is illegal at any age for males in Papua New Guinea, Kiribati, Samoa, Niue, Tonga and Tuvalu; it is outlawed for both men and women in the Solomon Islands. In all other places the age of consent is independent of sexual orientation or gender.
The ages of consent vary by jurisdiction across Europe. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, Cyprus (17), Ireland (17), Turkey (18), and the Vatican City (18), set an age of consent higher than 16.
In North America, the legal age of consent relating to sexual activity varies by jurisdiction.
The age of consent in Africa for sexual activity varies by jurisdiction across the continent, codified in laws which may also stipulate the specific activities that are permitted or the gender of participants for different ages. Other variables may exist, such as close-in-age exemptions.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
The Sexual Offences Act 1956 is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed by the Sexual Offences Act 2003 which replaced it, but sections 33 to 37 still survive. The 2003 Act also added a new section 33A. These sections create offences to deal with brothels.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are deemed to be "illegal", "illicit", "unlawful", "unnatural" and/or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.
There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.
The Sexual Offences Act, 1957 is an act of the Parliament of South Africa which, in its current form, prohibits prostitution, brothel-keeping and procuring, and other activities related to prostitution. Before the law relating to sex offences was consolidated and revised by the Criminal Law Amendment Act, 2007, it also prohibited various other sex offences, including sex with children under the age of consent and sex with the mentally incompetent. As the Immorality Act it was infamous for prohibiting sex between a white person and a person of another race, until that prohibition was removed by a 1985 amendment.
Article 365 of the Sri Lankan Penal Code criminalizes "carnal intercourse against the order of nature" and provides for a penalty of up to ten years in prison.
There are a number of sexual offences under the law of Scotland.
There are a number of sexual offences under the law of Northern Ireland.