Back to the Scottish Parliament Business Bulletin No. 82/2010: Monday 17 May 2010
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Section G – Bills

New amendments to Bills lodged on 14 May 2010

Crofting Reform (Scotland) Bill – Stage 2

Before section 25

Alasdair Allan

1 Before section 25, insert—

<Limitation on crofter’s ability to nominate disponee

In section 13 of the 1993 Act (authorisation of the Land Court of acquisition of croft land), after subsection (1) insert—

"(1A) For the purposes of subsection (1)(a), only a member of the crofter’s family may be the crofter’s nominee.".>

Criminal Justice and Licensing (Scotland) Bill – Stage 3

After section 16

Kenny MacAskill

1 After section 16, insert—

<Presumption against short periods of imprisonment or detention

(1) The 1995 Act is amended as follows.

(2) In section 204 (restrictions on passing sentence of imprisonment or detention), after subsection (4) insert—

"(4A) A court may pass a sentence of imprisonment for a term not exceeding 6 months on a person only where the court considers that no other method of dealing with the person is appropriate.

(4B) Where a court passes such a sentence, the court must—

(a) state its reasons for the opinion that no other method of dealing with the person is appropriate, and

(b) have those reasons entered in the record of the proceedings.".

(3) In section 208 (detention of children convicted on indictment)—

(a) after subsection (1) insert—

"(1A) Where the court imposes a sentence of detention for a term not exceeding 6 months on a child, the court must—

(a) state its reasons for the opinion that no other method of dealing with the child is appropriate, and

(b) have those reasons entered in the record of the proceedings.", and

(b) in subsection (2), after "(1)" insert "and (1A)".>

After section 23

Kenny MacAskill

2 After section 23, insert—

<Voluntary intoxication by alcohol: effect in sentencing

(1) Subsection (2) applies in relation to an offender who was, at the time of the offence, under the influence of alcohol as a result of having voluntarily consumed alcohol.

(2) A court, in sentencing the offender in respect of the offence, must not take that fact into account by way of mitigation.>

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