Back to the Scottish Parliament Business Bulletin No. 41/2010: Monday 8 March 2010
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Section G – Bills

New amendments to Bills lodged on 5 March 2010

Control of Dogs (Scotland) Bill – Stage 2

Section 1

Christine Grahame

1 In section 1, page 1, line 19, after <behaviour> insert <gives rise to>

Christine Grahame

2 In section 1, page 1, line 20, leave out <reasonable>

Christine Grahame

3 In section 1, page 1, line 23, at end insert <, and

( ) the individual’s alarm or apprehensiveness is not unreasonable>

Section 2

Christine Grahame

4 In section 2, page 3, line 30, leave out <order> and insert <notice>

Section 7

Christine Grahame

5 In section 7, page 6, line 23, leave out <order> and insert <notice>

Criminal Justice and Licensing (Scotland) Bill – Stage 2

After section 41

Kenny MacAskill

420 After section 41, insert—

<Grant of warrants

Grant of warrants for execution by constables and police members of SCDEA

(1) A sheriff or justice of the peace does not lack power or jurisdiction to grant a warrant for execution by a person mentioned in subsection (2) solely because the person is not a constable of a police force for a police area lying wholly or partly in the sheriff’s or justice’s sheriffdom.

(2) The persons referred to in subsection (1) are—

(a) a constable,

(b) a police member of the Scottish Crime and Drug Enforcement Agency.>

Section 44

Kenny MacAskill

421 In section 44, page 58, line 5, at end insert—

<( ) The title of section 287 becomes "Demission from office of Lord Advocate and Solicitor General for Scotland".>

Kenny MacAskill

422 In section 44, page 58, line 6, leave out from <subsection> to <Advocate)> and insert <that section>

Kenny MacAskill

423 In section 44, page 58, line 11, at end insert <and

( ) after "successor" insert "or the Solicitor General",>

Kenny MacAskill

424 In section 44, page 58, leave out line 13 and insert—

<( ) for "in name of" substitute "at the instance of Her Majesty’s Advocate or", and>

Kenny MacAskill

425 In section 44, page 58, line 17, at end insert—

<(2AA) All indictments which have been raised at the instance of the Solicitor General shall remain effective notwithstanding the holder of the office of Solicitor General subsequently having died or demitted office and may be taken up and proceeded with by his successor or the Lord Advocate.>

Kenny MacAskill

426 In section 44, page 58, line 19, leave out from <as> to end of line 20

Kenny MacAskill

427 In section 44, page 58, line 24, at end insert—

<( ) in paragraph (a), after "subsection (1)" insert "or (2AA)",>

After section 46

Kenny MacAskill

428 After section 46, insert—

<Dockets and charges in sex cases

Dockets and charges in sex cases

After section 288B of the 1995 Act insert—

"Dockets and charges in sex cases

288BA Dockets for charges of sexual offences

(1) An indictment or a complaint may include a docket which specifies any act or omission that is connected with a sexual offence charged in the indictment or complaint.

(2) Here, an act or omission is connected with such an offence charged if it—

(a) is specifiable by way of reference to a sexual offence, and

(b) relates to—

(i) the same event as the offence charged, or

(ii) a series of events of which that offence is also part.

(3) The docket is to be in the form of a note apart from the offence charged.

(4) It does not matter whether the act or omission, if it were instead charged as an offence, could not competently be dealt with by the court (including as particularly constituted) in which the indictment or complaint is proceeding.

(5) Where under subsection (1) a docket is included in an indictment or a complaint, it is to be presumed that—

(a) the accused person has been given fair notice of the prosecutor’s intention to lead evidence of the act or omission specified in the docket, and

(b) evidence of the act or omission is admissible as relevant.

(6) The references in this section to a sexual offence are to—

(a) an offence under the Sexual Offences (Scotland) Act 2009,

(b) any other offence involving a significant sexual element.

288BB Mixed charges for sexual offences

(1) An indictment or a complaint may include a charge that is framed as mentioned in subsection (2) or (3) (or both).

(2) That is, framed so as to comprise (in a combined form) the specification of more than one sexual offence.

(3) That is, framed so as to—

(a) specify, in addition to a sexual offence, any other act or omission, and

(b) do so in any manner except by way of reference to a statutory offence.

(4) Where a charge in an indictment or a complaint is framed as mentioned in subsection (2) or (3) (or both), the charge is to be regarded as being a single yet cumulative charge.

(5) The references in this section to a sexual offence are to an offence under the Sexual Offences (Scotland) Act 2009.".>

After section 51

Kenny MacAskill

429 After section 51, insert—

<Personal conduct of case by accused

Prohibition of personal conduct of case by accused in certain proceedings

(1) The 1995 Act is amended as follows.

(2) In section 288C (prohibition of personal conduct of defence in cases of certain sexual offences)—

(a) for subsection (1) substitute—

"(1) An accused charged with a sexual offence to which this section applies is prohibited from conducting his case in person at, or for the purposes of, any relevant hearing in the course of proceedings (other than proceedings in a JP court) in respect of the offence.

(1A) In subsection (1), "relevant hearing" means a hearing at, or for the purposes of, which a witness is to give evidence.", and

(b) subsection (8) is repealed.

(3) In section 288D (appointment of solicitor by court in cases to which section 288C applies)—

(a) in subsection (1), after "proceedings" insert "(other than proceedings in a JP court)",

(b) in subsection (2)(a), for sub-paragraphs (i) and (ii) substitute—

"(i) the conduct of his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the proceedings; or", and

(c) in subsection (6), for the words from "of the accused’s defence" to the end substitute "referred to in subsection (2)(a) above.".

(4) In section 288E (prohibition of personal conduct of defence in certain cases involving child witness under the age of 12)—

(a) subsection (1) is repealed,

(b) in subsection (2)(b), for "the trial" substitute "any hearing in the course of the proceedings",

(c) after subsection (2) insert—

"(2A) The accused is prohibited from conducting his case in person at, or for the purposes of, any hearing at, or for the purposes of, which the child witness is to give evidence.",

(d) in subsection (4), at the end insert "and as if references to a relevant hearing were references to a hearing referred to in subsection (2A) above",

(e) in subsection (6)—

(i) for paragraphs (za) and (a) substitute—

"(a) that his case at, or for the purposes of, any hearing in the course of the proceedings at, or for the purposes of, which the child witness is to give evidence may be conducted only by a lawyer,", and

(ii) in paragraph (c), for the words from "preliminary" to "trial" substitute "hearing", and

(f) subsection (8) is repealed.

(5) In section 288F (power to prohibit personal conduct of defence in other cases involving vulnerable witnesses)—

(a) in subsection (1), for "the trial" substitute "any hearing in the course of the proceedings",

(b) in subsection (2), for the words from "defence" to the end substitute "case in person at any hearing at, or for the purposes of, which the vulnerable witness is to give evidence.",

(c) in subsection (3)(a), for "trial" substitute "hearing",

(d) in subsection (4), for the words from "after" to the end substitute "in relation to a hearing after, as well as before, the hearing has commenced.",

(e) subsection (4A) is repealed,

(f) in subsection (5), at the end insert "and as if references to a relevant hearing were references to any hearing in respect of which an order is made under this section", and

(g) subsection (6) is repealed.>

Before section 62

Kenny MacAskill

430 Before section 62, insert—

<Admissibility of prior statements of witnesses: abolition of competence test

(1) This section applies in relation to a prior statement made by a witness before the commencement of section 24 of the Vulnerable Witnesses (Scotland) Act 2004 (asp 3) ("the 2004 Act") (which abolishes the competence test for witnesses in criminal and civil proceedings).

(2) For the purpose of the application of subsection (2)(c) of section 260 of the 1995 Act (admissibility of prior statement depends on competence of the witness at the time of the statement) in relation to the statement, section 24 of the 2004 Act is taken to have been in force at the time the statement was made.

(3) In this section, "prior statement" has the meaning it has in section 260 of the 1995 Act.>

Section 66

Kenny MacAskill

431 In section 66, page 80, line 13, leave out from <other> to end of line 16 and insert <the jury>

Kenny MacAskill

432 In section 66, page 80, line 18, leave out <any persons within paragraph (a)(i) to (iii)> and insert <the judge or the jury>

Kenny MacAskill

433 In section 66, page 81, line 6, leave out <material> and insert <information>

Kenny MacAskill

434 In section 66, page 81, line 8, leave out <may> and insert <must>

Kenny MacAskill

435 In section 66, page 81, line 12, leave out <material"> and insert <information">

Kenny MacAskill

436 In section 66, page 82, line 16, leave out <the weight of>

Kenny MacAskill

437 In section 66, page 82, line 18, leave out <the sole or decisive evidence> and insert <material in>

Kenny MacAskill

438 In section 66, page 82, line 36, leave out <warning> and insert <direction>

Kenny MacAskill

439 In section 66, page 83, leave out lines 33 to 36

Schedule 3

Kenny MacAskill

440 In schedule 3, page 148, line 28, leave out <treat the conviction as unsafe> and insert <quash the conviction>

Kenny MacAskill

441 In schedule 3, page 148, line 31, leave out <treat the conviction as unsafe> and insert <quash the conviction>

After section 67

Kenny MacAskill

442 After section 67, insert—

<European evidence warrants

(1) The Scottish Ministers may by order make provision for the purposes of and in connection with implementing any obligations of the United Kingdom created by or arising under the Framework Decision (so far as they have effect in or as regards Scotland).

(2) The provision may, in particular, confer functions—

(a) on the Scottish Ministers,

(b) on the Lord Advocate,

(c) on other persons.

(3) An order under subsection (1) may modify any enactment.

(4) An order under subsection (1) may contain provision creating offences and a person who commits such an offence is liable to such penalties, not exceeding those mentioned in subsection (5), as are provided for in the order.

(5) Those penalties are—

(a) on conviction on indictment, imprisonment for a period not exceeding 2 years, or a fine, or both,

(b) on summary conviction, imprisonment for a period not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.

(6) In this section, the "Framework Decision" means Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters.>

Before section 68

Kenny MacAskill

443 Before section 68, insert—

<Lists of jurors

(1) The 1995 Act is amended as follows.

(2) In section 84 (juries: returns of jurors and preparation of lists)—

(a) in subsection (3), for "list" substitute "lists",

(b) for subsection (4) substitute—

"(4) For the purpose of a trial in the sheriff court, the sheriff principal must furnish the clerk of court with a list of names, containing the number of persons required, from lists of potential jurors of—

(a) the sheriff court district in which the trial is to be held (the "local district"), and

(b) if the sheriff principal considers it appropriate, any other sheriff court district or districts in the sheriffdom in which the trial is to be held ("other districts").

(4A) Where the sheriff principal furnishes a list containing names of potential jurors of other districts, the sheriff principal may determine the proportion as between the local district and the other districts in which jurors are to be summoned.",

(c) in subsection (5), for "list", in both places where it occurs, substitute "lists", and

(d) subsection (7) is repealed.

(3) In section 85(4) (juries: citation and attendance of jurors)—

(a) for the words from the beginning to "shall", in the first place where it occurs, substitute "The sheriff clerk of—

(a) the sheriffdom in which the High Court is to sit, or

(b) the sheriff court district in which a trial in the sheriff court is to be held,

shall", and

(b) the word "such", in the first place where it occurs, is repealed.>

Section 74

Kenny MacAskill

444 In section 74, page 96, line 23, after <station> insert <in Scotland>

Kenny MacAskill

445 In section 74, page 97, line 5, leave out from <a> to end of line and insert—

<(a) a requirement under section 117A(2) (surrender of passports: England and Wales and Northern Ireland), or

(b) a requirement under section 117B(2) (surrender of passports: Scotland).".>

Kenny MacAskill

446 In section 74, page 97, line 5, at end insert—

<(1C) A person may be prosecuted, tried and punished for any offence under subsection (1B)—

(a) in any sheriff court district in which the person is apprehended or is in custody, or

(b) in such sheriff court district as the Lord Advocate may determine,

as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).".>

After section 79

Kenny MacAskill

447 After section 79, insert—

<Rehabilitation of offenders

Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974

(1) The Rehabilitation of Offenders Act 1974 (c.53) is amended as follows.

(2) After section 8A (protection afforded to spent cautions), insert—

"8B Protection afforded to spent alternatives to prosecution: Scotland

(1) For the purposes of this Act, a person has been given an alternative to prosecution in respect of an offence if the person (whether before or after the commencement of this section)—

(a) has been given a warning in respect of the offence by—

(i) a constable in Scotland, or

(ii) a procurator fiscal,

(b) has accepted, or is deemed to have accepted—

(i) a conditional offer issued in respect of the offence under section 302 of the Criminal Procedure (Scotland) Act 1995 (c.46), or

(ii) a compensation offer issued in respect of the offence under section 302A of that Act,

(c) has had a work order made against the person in respect of the offence under section 303ZA of that Act,

(d) has been given a fixed penalty notice in respect of the offence under section 129 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8),

(e) has accepted an offer made by a procurator fiscal in respect of the offence to undertake an activity or treatment or to receive services or do any other thing as an alternative to prosecution, or

(f) in respect of an offence under the law of a country or territory outside Scotland, has been given, or has accepted or is deemed to have accepted, anything corresponding to a warning, offer, order or notice falling within paragraphs (a) to (e) under the law of that country or territory.

(2) In this Act, references to an "alternative to prosecution" are to be read in accordance with subsection (1).

(3) Schedule 3 to this Act (protection for spent alternatives to prosecution: Scotland) has effect.".

(3) After section 9A (unauthorised disclosure of spent cautions), insert—

"9B Unauthorised disclosure of spent alternatives to prosecution: Scotland

(1) In this section—

(a) "official record" means a record that—

(i) contains information about persons given an alternative to prosecution in respect of an offence, and

(ii) is kept for the purposes of its functions by a court, police force, Government department, part of the Scottish Administration or other local or public authority in Scotland,

(b) "relevant information" means information imputing that a named or otherwise identifiable living person has committed, been charged with, prosecuted for or given an alternative to prosecution in respect of an offence which is the subject of an alternative to prosecution which has become spent,

(c) "subject of the information", in relation to relevant information, means the named or otherwise identifiable living person to whom the information relates.

(2) Subsection (3) applies to a person who, in the course of the person’s official duties (anywhere in the United Kingdom), has or has had custody of or access to an official record or the information contained in an official record.

(3) The person commits an offence if the person—

(a) obtains relevant information in the course of the person’s official duties,

(b) knows or has reasonable cause to suspect that the information is relevant information, and

(c) discloses the information to another person otherwise than in the course of the person’s official duties.

(4) Subsection (3) is subject to the terms of an order under subsection (6).

(5) In proceedings for an offence under subsection (3), it is a defence for the accused to show that the disclosure was made—

(a) to the subject of the information or to a person whom the accused reasonably believed to be the subject of the information, or

(b) to another person at the express request of the subject of the information or of a person whom the accused reasonably believed to be the subject of the information.

(6) The Scottish Ministers may by order provide for the disclosure of relevant information derived from an official record to be excepted from the provisions of subsection (3) in cases or classes of cases specified in the order.

(7) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) A person commits an offence if the person obtains relevant information from an official record by means of fraud, dishonesty or bribery.

(9) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.".

(4) After Schedule 2 (protection for spent convictions) insert—

"SCHEDULE 3

Protection for spent alternatives to prosecution: Scotland

Preliminary

1 (1) For the purposes of this Act, an alternative to prosecution given to any person (whether before or after the commencement of this Schedule) becomes spent—

(a) in the case of—

(i) a warning referred to in paragraph (a) of subsection (1) of section 8B, or

(ii) a fixed penalty notice referred to in paragraph (d) of that subsection,

at the time the warning or notice is given,

(b) in any other case, at the end of the relevant period.

(2) The relevant period in relation to an alternative to prosecution is the period of 3 months beginning on the day on which the alternative to prosecution is given.

(3) Sub-paragraph (1)(a) is subject to sub-paragraph (5).

(4) Sub-paragraph (2) is subject to sub-paragraph (6).

(5) If a person who is given a fixed penalty notice referred to in section 8B(1)(d) in respect of an offence is subsequently prosecuted and convicted of the offence, the notice—

(a) becomes spent at the end of the rehabilitation period for the offence, and

(b) is to be treated as not having become spent in relation to any period before the end of that rehabilitation period.

(6) If a person who is given an alternative to prosecution (other than one to which sub-paragraph (1)(a) applies) in respect of an offence is subsequently prosecuted and convicted of the offence—

(a) the relevant period in relation to the alternative to prosecution ends at the same time as the rehabilitation period for the offence ends, and

(b) if the conviction occurs after the end of the period referred to sub-paragraph (2), the alternative to prosecution is to be treated as not having become spent in relation to any period before the end of the rehabilitation period for the offence.

2 (1) In this Schedule, "ancillary circumstances", in relation to an alternative to prosecution, means any circumstances of the following—

(a) the offence in respect of which the alternative to prosecution is given or the conduct constituting the offence,

(b) any process preliminary to the alternative to prosecution being given (including consideration by any person of how to deal with the offence and the procedure for giving the alternative to prosecution),

(c) any proceedings for the offence which took place before the alternative to prosecution was given (including anything that happens after that time for the purpose of bringing the proceedings to an end),

(d) any judicial review proceedings relating to the alternative to prosecution,

(e) in the case of an offer referred to in paragraph (e) of subsection (1) of section 8B, anything done or undergone in pursuance of the terms of the offer.

(2) Where an alternative to prosecution is given in respect of two or more offences, references in sub-paragraph (1) to the offence in respect of which the alternative to prosecution is given includes a reference to each of the offences.

(3) In this Schedule, "proceedings before a judicial authority" has the same meaning as in section 4.

Protection for spent alternatives to prosecution and ancillary circumstances

3 (1) A person who is given an alternative to prosecution in respect of an offence is, from the time the alternative to prosecution becomes spent, to be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given an alternative to prosecution in respect of, the offence.

(2) Despite any enactment or rule of law to the contrary—

(a) where an alternative to prosecution given to a person in respect of an offence has become spent, evidence is not admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Scotland to prove that the person has committed, been charged with or prosecuted for, or been given an alternative to prosecution in respect of, the offence,

(b) a person must not, in any such proceedings, be asked any question relating to the person’s past which cannot be answered without acknowledging or referring to an alternative to prosecution that has become spent or any ancillary circumstances, and

(c) if a person is asked such a question in any such proceedings, the person is not required to answer it.

(3) Sub-paragraphs (1) and (2) do not apply in relation to any proceedings—

(a) for the offence in respect of which the alternative to prosecution was given, and

(b) which are not part of the ancillary circumstances.

4 (1) This paragraph applies where a person ("A") is asked a question, otherwise than in proceedings before a judicial authority, seeking information about—

(a) A’s or another person’s previous conduct or circumstances,

(b) offences previously committed by A or the other person, or

(c) alternatives to prosecution previously given to A or the other person.

(2) The question is to be treated as not relating to alternatives to prosecution that have become spent or to any ancillary circumstances and may be answered accordingly.

(3) A is not to be subjected to any liability or otherwise prejudiced in law because of a failure to acknowledge or disclose an alternative to prosecution that has become spent or any ancillary circumstances in answering the question.

5 (1) An obligation imposed on a person ("A") by a rule of law or by the provisions of an agreement or arrangement to disclose any matter to another person does not extend to requiring A to disclose an alternative to prosecution (whether one given to A or another person) that has become spent or any ancillary circumstances.

(2) An alternative to prosecution that has become spent or any ancillary circumstances, or any failure to disclose an alternative to prosecution that has become spent or any ancillary circumstances, is not a ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing the person in any way in any occupation or employment.

6 The Scottish Ministers may by order—

(a) exclude or modify the application of any of paragraphs (a) to (c) of paragraph 3(2) in relation to questions put in such circumstances as may be specified in the order,

(b) provide for exceptions from any of the provisions of paragraphs 4 and 5 in such cases or classes of case, or in relation to alternatives to prosecution of such descriptions, as may be specified in the order.

7 Paragraphs 3 to 5 do not affect—

(a) the operation of an alternative to prosecution, or

(b) the operation of an enactment by virtue of which, because of an alternative to prosecution, a person is subject to a disqualification, disability, prohibition or other restriction or effect for a period extending beyond the time at which the alternative to prosecution becomes spent.

8 (1) Section 7(2), (3) and (4) apply for the purpose of this Schedule as follows.

(2) Subsection (2), apart from paragraphs (b) and (d), applies to the determination of any issue, and the admission or requirement of evidence, relating to alternatives to prosecution previously given to a person and to ancillary circumstances as it applies to matters relating to a person’s previous convictions and circumstances ancillary thereto.

(3) Subsection (3) applies to evidence of alternatives to prosecution previously given to a person and ancillary circumstances as it applies to evidence of a person’s previous convictions and the circumstances ancillary thereto.

(4) For that purpose, subsection (3) has effect as if—

(a) a reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph, and

(b) the words "or proceedings to which section 8 below applies" were omitted.

(5) Subsection (4) applies for the purpose of excluding the application of paragraph 3.

(6) For that purpose, subsection (4) has effect as if the words "(other than proceedings to which section 8 below applies)" were omitted.

(7) References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3.">

Kenny MacAskill

448 After section 79, insert—

<Medical services in prisons

Medical services in prisons

(1) For section 3A of the Prisons (Scotland) Act 1989 (c.45) (medical services in prisons) substitute—

"3A Medical officers for prisons

(1) The Scottish Ministers must designate one or more medical officers for each prison.

(2) A person may be designated as a medical officer for a prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).

(3) A medical officer has the functions that are conferred on a medical officer for a prison by or under this Act or any other enactment.

(4) A medical officer is not an officer of the prison for the purposes of this Act.

(5) Rules under section 39 of this Act may provide for the governor of a prison to authorise the carrying out by officers of the prison of a search of any person who is in, or is seeking to enter, the prison for the purpose of providing medical services for any prisoner at the prison.

(6) Nothing in rules made by virtue of subsection (5) allows the governor to authorise an officer of a prison to require a person to remove any of the person’s clothing other than an outer coat, jacket, headgear, gloves and footwear.".

(2) In section 41D of that Act (unlawful disclosure of information by medical officers), for subsection (1) substitute—

"(1) This section applies to—

(a) a medical officer for a prison, and

(b) any person acting under the supervision of such a medical officer.".

(3) In section 107 of the Criminal Justice and Public Order Act 1994 (c.33) (officers of contracted out prisons), for subsections (6) to (8) substitute—

"(6) The director must designate one or more medical officers for the prison.

(7) A person may be designated as a medical officer for the prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).".

(4) In section 110 of that Act (consequential modifications of the 1989 Act etc.)—

(a) in each of subsections (3) and (4), for "3A(6)" substitute "3A(5) and (6)",

(b) subsection (4A) is repealed, and

(c) in subsection (6), for "3A(1) to (5) (medical services)" substitute "3A(1) and (2) (medical officers)".

(5) In section 111(3) of that Act (intervention by the Scottish Ministers), in paragraph (c), after "prison" insert "and the medical officer or officers for the prison".>

After section 134

Kenny MacAskill

449 After section 134, insert—

<Extended hours applications: notification period

(1) Section 69 of the 2005 Act (notification of extended hours application) is amended as follows.

(2) After subsection (3), add—

"(4) Subsections (5) and (6) apply where the Licensing Board is satisfied that the application requires to be dealt with quickly.

(5) Subsections (2) and (3) have effect in relation to the application as if the references to the period of 10 days were references to such shorter period of not less than 24 hours as the Board may determine.

(6) Subsection (3) has effect in relation to the application as if for the word "must" there were substituted "may".".>

Section 143

Kenny MacAskill

450 In section 143, page 138, line 32, at end insert—

<( ) an order under section (European evidence warrants)(1),>

Schedule 5

Kenny MacAskill

451 In schedule 5, page 152, line 10, at end insert—

<The Law Officers Act 1944 (c.25)

In section 2(3) of the Law Officers Act 1944 (Lord Advocate and Solicitor General for Scotland), for the words from "three" to the end substitute "287 of the Criminal Procedure (Scotland) Act 1995 (c.46)".>

Kenny MacAskill

452 In schedule 5, page 152, line 12, leave out from <In> to <1974> and insert—

<( ) The Rehabilitation of Offenders Act 1974 is amended as follows.

( ) In section 1>

Kenny MacAskill

453 In schedule 5, page 152, line 15, at end insert—

<( ) In section 6(6)(bb) (convictions in service disciplinary proceedings), for "the Schedule" substitute "Schedule 1".

( ) The Schedule (service disciplinary proceedings) is renumbered as Schedule 1.>

Kenny MacAskill

454 In schedule 5, page 153, line 35, at end insert—

<In section 17A (right of person accused of sexual offence to be told about restriction on conduct of defence: arrest), in subsection (1)—

(a) for paragraphs (za) and (a) substitute—

"(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,", and

(b) in paragraph (c), for the words from "preliminary" to "trial" substitute "hearing".>

Kenny MacAskill

455 In schedule 5, page 154, line 5, at end insert—

<In section 35 (judicial examination), in subsection (4A)—

(a) for paragraphs (za) and (a) substitute—

"(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,", and

(b) in paragraph (c), for the words from "preliminary" to "trial" substitute "hearing".>

Kenny MacAskill

456 In schedule 5, page 154, line 42, at end insert—

<In section 66 (service and lodging of indictment etc.), in subsection (6A)(a)—

(a) for sub-paragraphs (zi) and (i) substitute—

"(i) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,", and

(b) in sub-paragraph (iii), for the words from "preliminary" to "trial" substitute "hearing".

In section 71 (first diet)—

(a) in subsection (A1), for the words "his defence at the trial" substitute "the conduct of his case at any relevant hearing in the course of the proceedings",

(b) in subsection (B1)(c), for the words "before the trial diet" substitute "in relation to any hearing in the course of the proceedings",

(c) in subsection (1A)(a), for "the trial" substitute "any hearing in the course of the proceedings",

(d) in subsection (1B)(a), for "the trial" substitute "any hearing in the course of the proceedings",

(e) in subsection (5A)(b), for the words "his defence at the trial" substitute "the conduct of his case at any relevant hearing in the course of the proceedings", and

(f) after subsection (7), insert—

"(7A) In subsections (A1) and (5A)(b), "relevant hearing" means—

(a) in relation to proceedings mentioned in paragraph (a) of subsection (B1), any hearing at, or for the purposes of, which a witness is to give evidence,

(b) in relation to proceedings mentioned in paragraph (b) of that subsection, a hearing referred to in section 288E(2A),

(c) in relation to proceedings mentioned in paragraph (c) of that subsection, a hearing in respect of which an order is made under section 288F.".>

Kenny MacAskill

457 In schedule 5, page 155, line 3, at end insert—

<In section 79 (preliminary pleas and preliminary issues), in subsection (2)(b)(ii), after "under section" insert "22ZB(3)(b),".>

Kenny MacAskill

458 In schedule 5, page 155, line 23, at end insert—

<In section 140 (citation), in subsection (2A)—

(a) for paragraph (a) substitute—

"(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings (including at any commissioner proceedings) may be conducted only by a lawyer,", and

(b) in paragraph (c), for the words "his defence at the trial" substitute "the conduct of his case at, or for the purposes of, the hearing".

In section 144 (procedure at first diet), in subsection (3A)—

(a) for paragraph (a) substitute—

"(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,", and

(b) in paragraph (c), for the words "his defence at the trial" substitute "the conduct of his case at, or for the purposes of, the hearing".

In section 146 (plea of not guilty), in subsection (3A)—

(a) for paragraph (a) substitute—

"(a) that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,", and

(b) in paragraph (c), for the words "his defence at the trial" substitute "the conduct of his case at, or for the purposes of, the hearing".>

Kenny MacAskill

459 In schedule 5, page 157, line 36, at end insert—

<The Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)

In the Criminal Procedure (Amendment) (Scotland) Act 2004 the following provisions are repealed—

(a) in section 4 (prohibition on accused conducting case in person in certain cases), subsection (4),

(b) section 17 (bail conditions: remote monitoring of restrictions on movements), and

(c) in the schedule (further modifications of the 1995 Act), paragraph 55.>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

A proposal (whether draft or final) may be withdrawn at any time by the member who lodged it under Rule 9.14.16 of the Standing Orders.

The Bills page of the parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Final Proposal for Members’ Bills

Bill Wilson: Proposed Criminal Sentencing (Equity Fines) (Scotland) Bill - Proposal for a Bill to allow courts to impose equity fines on public companies found guilty of criminal offences (lodged 18 February 2010).

A summary of responses to consultation on the draft proposal together with copies of each response and a summary of the responses, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Gil Paterson, Bob Doris, Sandra White, Christine Grahame, Rob Gibson, Kenneth Gibson, Willie Coffey, Stuart McMillan, Linda Fabiani, Maureen Watt, Ian McKee, Bill Kidd, Andrew Welsh, John Wilson, Patrick Harvie

Kenneth Gibson: Protecting Scotland’s Regional Parks Bill - Final proposal for a Bill to restrict industrial development within Scotland’s regional parks (lodged 4 March 2010).

A summary of responses to consultation on the draft proposal together with copies of each response and a summary of the responses, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Bill Wilson; Willie Coffey; Christine Grahame; Angela Constance; Alasdair Allan; John Wilson; Aileen Campbell; Jamie Hepburn; Gil Paterson; Anne McLaughlin; Ian McKee; Christina McKelvie; Michael Matheson; Stewart Maxwell; Shirley-Anne Somerville; Rob Gibson; Linda Fabiani; Bill Kidd

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