Criminal Law (Consolidation) (Scotland) Act 1995

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Any person who attempts to have unlawful sexual intercourse with any girl under the age of 13 years shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months. An Act to consolidate for Scotland certain enactments creating offences and relating to criminal law there. controlled container” means any bottle, can or other portable container, whether open or sealed, which is, or was, in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product F37or veterinary medicinal product for a medicinal purpose. b) take into account any information before it which is relevant to his character and to his physical and mental condition. public service vehicle” has the same meaning as in the M8Public Passenger Vehicles Act 1981 and “ operator” in relation to such a vehicle means—

Without prejudice to sections 1 to 4 of this Act, any person who has, or attempts to have, unlawful sexual intercourse with any girl of or over the age of 13 years and under the age of 16 years shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months. b) 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

Changes over time for: Section 27

This section was largely repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010, leaving only the definition of homosexual act, the offences of living off the earnings of male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] Miscellaneous [ edit ] Section 1 consolidates the offence of incest. It applies when a male and a female related in certain ways have sexual intercourse. It applies only to close relatives (father, son, grandfather, grandson, great grandfather, great grandson, brother, uncle, nephew, and female equivalents) and to current or former adoptive fathers, mothers, sons and daughters, and applies to both full blood and half blood relationships. There are defences where the accused proves that he did not know that the relationship existed, where the accused did not consent and where the parties were married outside Scotland. This section consolidates section 2A of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986. any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and Any male person who has sexual intercourse with a person related to him in a degree specified in column 1 of the Table set out at the end of this subsection, or any female person who has sexual intercourse with a person related to her in a degree specified in column 2 of that Table, shall be guilty of incest, unless the accused proves that he or she—

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 16 (power of search) provides a power to obtain a search warrant where there is reasonable cause to suspect that a woman or girl is unlawfully detained for immoral purposes. For the purposes of subsection (2) above, a certificate of the Lord Advocate as to the date on which the evidence in question came to his knowledge is conclusive evidence of the date on which it did so. Section 10 makes it an offence for a person with parental responsibilities in relation to a girl under 16 to cause or encourage the seduction or prostitution, unlawful sexual intercourse or the commission of an indecent assault on her. shall be guilty of an offence, unless the accused proves that subsection (2) below applies in his or her case. 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.