The Crime and Punishment (Scotland) Act 1997 (Commencement and Transitional Provisions) Order 1997

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Published: 1997-07-10

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Statutory Instruments
1997 No. 1712 (C. 72) (S. 128)

The Crime and Punishment (Scotland) Act 1997 (Commencement and Transitional Provisions) Order 1997

10th July 1997

The Secretary of State, in exercise of the powers conferred upon him by section 65(2) and (4) of the Crime and Punishment (Scotland) Act 1997(1) and of all other powers enabling him in that behalf, hereby makes the following Order:


1.  This Order may be cited as the Crime and Punishment (Scotland) Act 1997 (Commencement and Transitional Provisions) Order 1997.


2.  In this Order–

“the Act” means the Crime and Punishment (Scotland) Act 1997;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(2).

Commencement of provisions

3.  Subject to articles 4 and 5 below, the provisions of the Act which are specified in column 1 of the Schedule to this Order and described by reference to the subject matter in column 2 of that Schedule shall come into force on 1st August 1997 but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

Transitional Provisions

4.  The coming into force of section 14 of the Act shall not affect the penalty for an offence committed before 1st August 1997.

5.  Section 67A of the 1995 Act as inserted by section 57 of the Act shall apply only in the case of a citation served on or after 1st August 1997.

Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
10th July 1997

Article 3


Column 1
Column 2
Column 3

Provisions of the Act
Subject matter

Section 12
Sentence calculation where remand spent in hospital

Section 14
Increase in maximum penalty for certain sexual offences

Section 17
Right of appeal

Section 20
Transfer of rights of appeal of deceased person
Only for the purpose of inserting sections 303A (1) and (2) and (4) to (6) after section 303 of the 1995 Act.

Section 21
Increased rights of appeal of prosecutor

Section 23
Appeals against orders under section 49 of the 1995 Act

Section 24
Suspension of certain sentences pending determination of appeal
Only for the purpose of inserting sections 121A(1) to (3) and (4)(a) to (c) and 193A(1) to (3) and (4)(a) to (c) into the 1995 Act.

Sections 26-32
Evidential provisions

Section 47(1)(a), (b) and (d) and (2) to (5)
Record of evidence taken from external parts of body

Section 55
Liberation of child by police

Section 56
Powers of court on remand or committal of children and young persons

Section 57

Section 58
Information concerning jurors

Section 59
Certification of previous convictions in criminal proceedings

Section 60
Grants for forensic medical services

Section 61
Confiscation of alcohol from persons under 18

Section 62
Amendments and repeals
Only for the purpose of bringing into force the provisions of Schedules 1 and 3 specified or referred to in column 1 below.

Section 63(1)(a)(iii), and (c) and (2)
Financial provisions

Section 64

Section 65(1), (5) and (7)
Short title commencement and extent

In Schedule 1, paragraphs 2, 6, 8, 9(1), (3)(b),(4) to (6) and (10) to (14), 10(1) and (2)(b), 11, 12(1) and (7), 16, 17, 18(1), (2)(b), (3) to (8), 19, 20, 21(1), (2), (4) and (9) to (15), (17), (19) to (22), (30), (32) and (34)(b)
Amendment of Enactments

In Schedule 3, the repeals specified in the Table below


Short Title
Extent of Repeals

1967 c. 77.
The Police (Scotland) Act 1967
Section 6(2).

1968 c. 49.
The Social Work (Scotland) Act 1968
In section 27(1)(b), the word “and” where it appears after subparagraph (iv).

1976 c. 67.
The Sexual Offences (Scotland) Act 1976
The whole Act.

1993 c. 24.
The Video Recordings Act 1993
Section 5.

1995 c. 20.
The Criminal Justice (Scotland) Act 1995
Section 66.

1995 c. 25.
The Environment Act 1995
In Schedule 22, paragraph 35.

1995 c. 36.
The Children (Scotland) Act 1995
In Schedule 4, paragraph 35(6).

1995 c. 40.
The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995
In Part II of Schedule 2, the entry relating to section 1(1) of the Protection of Animals (Scotland) Act 1912.

In Schedule 4, paragraphs 6(4)(a) and (d), 16, 50(7)(b) and 53(3).

1995 c. 46.
The Criminal Procedure (Scotland) Act 1995
In section 19(4)(b), the words “, print or impression”.

In section 74(4), the word “and” after paragraph (a).

In section 81(6), the word “, signed”.

In section 85(1), the words from “but” to the end.

Section 101(5).

In section 104(1)(b), the word “additional”.

In section 118(4)(b), the word “additional”.

Section 140(3).

In section 141(3), the words “signed by the prosecutor and”.

Section 154. In section 179(2), the word “additional”.

In section 182(5)(b), the word “additional”.

In section 189(1)(b), the word “additional”.

In section 204(2), the words from “and” to the end.

In section 234A, subsection (5).

Explanatory Note

(This note is not part of the Order)
This Order appoints 1st August 1997 for the coming into force of the provisions of the Crime and Punishment (Scotland) Act 1997 which are specified in the Schedule to the Order.
Articles 4 and 5 make transitional provisions.

1997 c. 48.

1995 c. 46.