Criminal Justice and Licensing (Scotland) Act 2010

s.101 Foreign travel orders

s.102 Sex offender notification requirements

s.103 Risk of sexual harm orders

s.104 Risk of sexual harm orders: spent convictions

s.105 Obtaining information from outwith United Kingdom

s.106 Grant of authorisations for surveillance

s.107 Authorisations to interfere with property etc.

amended 5 times (opens in a new tab)

s.108 Amendments of Part 5 of Police Act 1997

s.109 Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974 Imprisonment

Misuse or illegally obtain records of spent Scottish warnings or penaltiesAny Person

6 months imprisonment · amended 1 time (opens in a new tab)

s.110 Medical services in prisons

s.111 Assistance for victim support

s.112 Public defence solicitors

s.113 Compensation for miscarriages of justice

s.114 Financial reporting orders

s.115 Compensation orders

7 other sections in this Part — procedural and definitional

s.093 Lists of jurors

s.094 Upper age limit for jurors

s.095 Excusal from jury service

s.096 Persons excusable from jury service

s.097 Data matching for detection of fraud etc.

s.098 Sharing information with anti-fraud organisations

s.099 Closure of premises associated with human exploitation etc.

Part 6

DISCLOSURE

58 of 58 sections shown

s.116 Meaning of “information”

amended 7 times (opens in a new tab)

s.117 Provision of information to prosecutor: solemn cases Regulated

Other duties (1) — Crown / regulator

Investigating agencies must provide case information to the prosecutorStatutory regulator

s.118 Continuing duty to provide information: solemn cases Regulated

Other duties (1) — Crown / regulator

Investigating agencies must provide ongoing evidence to the prosecutorStatutory regulator

s.119 Provision of information to prosecutor: summary cases Regulated

Other duties (1) — Crown / regulator

Investigating agencies must disclose all relevant information to prosecutorsCrown / Minister / Government department

s.120 Continuing duty of investigating agency: summary cases Regulated

Other duties (1) — Crown / regulator

Investigating agencies must pass new information to the prosecutorStatutory regulator

amended 5 times (opens in a new tab)

s.121 Prosecutor's duty to disclose information Regulated

Other duties (1) — Crown / regulator

Prosecutors must disclose relevant evidence to the accusedCrown / Minister / Government department

s.122 Disclosure of other information: solemn cases Regulated

Other duties (1) — Crown / regulator

Prosecutor must disclose additional relevant information in serious casesCrown / Minister / Government department

s.123 Continuing duty of prosecutor

s.124 Defence statements: solemn proceedings

s.125 Defence statements: summary proceedings

s.126 Change in circumstances following lodging of defence statement: summary proceedings Regulated

Update your defence statement or confirm no changes in summary proceedingsAny Person

s.127 Sections 121 to 126: no need to disclose same information more than once

s.128 Application by accused for ruling on disclosure Regulated

Other duties (1) — Crown / regulator

Courts must hold hearings to resolve disputes over evidence disclosureTribunal / Court

s.129 Review of ruling under section 128

s.130 Appeals against rulings under section 128

s.131 Effect of guilty plea

s.132 Sections 133 to 140: interpretation

s.133 Duty to disclose after conclusion of proceedings at first instance Regulated

Other duties (1) — Crown / regulator

Prosecutor must disclose relevant information during criminal appealsCrown / Minister / Government department

s.134 Continuing duty of prosecutor

s.135 Application to prosecutor for further disclosure

s.136 Further duty of prosecutor: conviction upheld on appeal

s.137 Further duty of prosecutor: convicted persons

s.138 Further duty of prosecutor: appeal against acquittal Regulated

Other duties (1) — Crown / regulator

Prosecutor must disclose new appeal evidence to acquitted personsStatutory regulator

s.139 Application by appellant for ruling on disclosure Regulated

Other duties (1) — Crown / regulator

Court must determine disclosure disputes following a criminal convictionTribunal / Court

s.140 Review of ruling under section 139

s.140 Sections 140B to 140F: interpretation

amended 1 time

s.140 Duty to disclose on institution of 2011 Act proceedings

amended 1 time

s.140 Continuing duty of prosecutor Regulated

Other duties (1) — Crown / regulator

Prosecutor must provide ongoing disclosure of relevant informationCrown / Minister / Government department

amended 1 time

s.140 Application to prosecutor for further disclosure

amended 1 time

s.140 Application by respondent for ruling on disclosure Regulated

Other duties (1) — Crown / regulator

High Court must determine applications for disclosure rulingsTribunal / Court

amended 1 time

s.140 Review of ruling under section 140E

amended 1 time

s.141 Application for section 145 order

s.142 Application for non-notification order or exclusion order

s.143 Application for non-notification order and exclusion order Regulated

Other duties (1) — Crown / regulator

Courts must determine non-notification and exclusion orders for evidenceTribunal / Court

s.144 Application for exclusion order Regulated

Other duties (1) — Crown / regulator

Court must hold a hearing and decide on exclusion order applicationsTribunal / Court

amended 7 times (opens in a new tab)

s.145 Application for section 145 order: determination

s.146 Order preventing or restricting disclosure: application by Secretary of State

amended 13 times (opens in a new tab)

s.147 Application for ancillary orders: Secretary of State

s.148 Application for restricted notification order and non-attendance order Regulated

Other duties (1) — Crown / regulator

Tribunal must hold a hearing for restricted notification applicationsTribunal / Court

s.149 Application for non-attendance order Regulated

Other duties (1) — Crown / regulator

Court must hold a hearing for non-attendance order applicationsTribunal / Court

s.150 Special counsel

s.151 Persons eligible for appointment as special counsel

s.152 Role of special counsel Regulated

Special counsel must protect the accused's interests and maintain confidentialityAny Person

s.153 Appeals

s.154 Prohibition on disclosure pending determination of certain appeals Regulated

Other duties (1) — Crown / regulator

Prosecutors must not disclose information while an appeal is pendingStatutory regulator

amended 7 times (opens in a new tab)

s.155 Review of section 145 order

s.156 Review of section 146 order

amended 6 times (opens in a new tab)

s.157 Review by court of section 145 and 146 orders Regulated

Other duties (1) — Crown / regulator

Courts must periodically review licensing and disclosure ordersTribunal / Court

s.158 Applications and reviews: general provisions

s.159 Exemptions from disclosure Regulated

Other duties (1) — Crown / regulator

Prosecutors must not disclose information protected by intercept lawsStatutory regulator

s.160 Means of disclosure

s.161 Redaction of non-disclosable information by prosecutor

s.162 Confidentiality of disclosed information

s.163 Contravention of section 162 Imprisonment

Misuse or disclose confidential informationAny Person

2 years imprisonment · amended 1 time (opens in a new tab)

s.164 Code of practice Regulated

Other duties (1) — Crown / regulator

Police and investigators must follow the Lord Advocate's code of practiceCrown / Minister / Government department

s.165 Acts of Adjournal

amended 13 times (opens in a new tab)

s.166 Abolition of common law rules about disclosure

s.167 Interpretation of Part 6

amended 6 times (opens in a new tab)

Part 7

MENTAL DISORDER AND UNFITNESS FOR TRIAL

4 of 4 sections shown

s.168 Criminal responsibility of persons with mental disorder

s.169 Acquittal involving mental disorder: procedure

s.170 Unfitness for trial

s.171 Abolition of common law rules

Part 8

LICENSING UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982

7 of 7 sections shown

s.172 Conditions to which licences under 1982 Act are to be subject

s.173 Licensing: powers of entry and inspection for civilian employees

s.174 Licensing of taxis and private hire cars

s.175 Licensing of street trading: food hygiene certificates

s.176 Licensing of public entertainment

s.177 Licensing of late night catering

s.178 Applications for licences

Part 9

ALCOHOL LICENSING

20 of 20 sections shown

s.179 Premises licence applications: statements about disabled access etc.

s.180 Premises licence applications: notification requirements

s.181 Premises licence applications: modification of layout plans

s.182 Reviews of premises licences: notification of determinations

s.183 Premises licence applications: antisocial behaviour reports

s.184 Premises licences: connected persons and interested parties Prosecution

Fail to notify Licensing Board of changes to connected persons or interested partiesAny Person

Fine up to £500 · amended 10 times (opens in a new tab)

s.185 Provisional premises licences: duration

s.186 Premises licence applications: food hygiene certificates

s.187 Provision of copies of licences to chief constable

s.188 Sale of alcohol to trade

s.189 Occasional licences

s.190 Extended hours applications: notification period

s.191 Extended hours applications: variation of conditions

s.192 Personal licences Prosecution

Fail to surrender or misuse a void personal liquor licenceAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.193 Emergency closure orders

s.194 Appeals

s.195 Liability for offences Prosecution

Vicarious liability for licensing offencesAny Person

Unlimited fine · amended 3 times (opens in a new tab)

s.196 False statements in applications: offence Prosecution

Provide false information in a licensing applicationAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.197 Powers of Licensing Standards Officers

s.198 Further modifications of 2005 Act

Part 10

MISCELLANEOUS

1 of 2 sections shown

s.199 Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

1 other section in this Part — procedural and definitional

s.200 Modification of references to “Act”, “enactment” etc. in certain Acts of Parliament

Part 11

GENERAL

2 of 6 sections shown

s.201 Orders and regulations

s.203 Modification of enactments