Criminal Law (Consolidation) (Scotland) Act 1995
Encyclopedia
The Criminal Law (Scotland) Act 1995 (c.39) is an Act
of the Parliament of the United Kingdom
passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.
on 1 December 2010.
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, in the sheriff court, 6 months imprisonment and/or a level 4 fine, or in the district court, 3 months imprisonment and/or a level 3 fine.
Section 13 ensures that premises are treated for the purposes of sections 11 and 12 of this Act as a brothel whether they are used for homosexual or heterosexual activities.
Section 13 also makes it an offence for a person to live wholly or in part on the earnings of another from male prostitution or to solicit or importune any male person for the purpose of procuring the commission of a homosexual act. The maximum penalty for these offences on indictment is 2 years imprisonment, and on summary conviction 12 months imprisonment.
This section was largely repealed by the Sexual Offences (Scotland) Act 2009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).
This section was repealed by the Sexual Offences (Scotland) Act 2009
on 1 December 2010.
) to designate sports grounds or sports events, to which certain special controls apply.
Section 19 creates offences of being in possession of alcohol
, allowing the possession of alcohol, or being drunk on vehicles going to or from a designated sporting event.
Section 20 creates offences of being in possession of a controlled container, a controlled article or substance or alcohol in a relevant area of a designated sports ground, or of attempting to enter the ground while in possession. Controlled articles/substances include fireworks, distress flares, fog signals and other substances that can be used as a flare. Controlled containers are those that could be used as a missile, e.g. a beer bottle. It is also an offence for a person to be drunk in the relevant area of a designared sports ground, or to attempt to enter the ground while drunk.
Section 21 gives the police powers of entry and search.
These provisions were previously in the Criminal Justice (Scotland) Act 1980
.
Current designations are under the Sports Grounds and Sporting Events (Designation)(Scotland) Order 2004. The Sports Grounds and Sporting Events (Designation)(Scotland) Amendment Order 2007 de-designated Senior Men's International Rugby Union Matches played at Murrayfield Stadium
and Hampden Park
, allowing alcohol to be sold at matches during the 2007 Rugby World Cup
.
Section 24 gives officers of Her Majesty's Revenue and Customs
power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence. The power applies only to offences relating to "assigned matters" (defined in section 1 of the Customs and Excise Management Act 1979 which are punishable by imprisonment. Subsections (5) and (8) set out various protections for the rights of the detained person.
Section 25 provides that where a person is detained under section 24, he is entitled to have intimation of his detention and of the place of detention sent to a solicitor and to one other person named by him without delay, and the person is to be informed of this entitlement. Where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, this is to be done with no more delay than is so necessary. Where the detained person is a child (under 16), notification is to be sent to the child's parent, who is entitled to attend.
Section 26 provides further powers in connection with drug smuggling offences, where it is believed that a controlled drug is secreted in a person's body. The section authorises detention for up to 24 hours, the taking of blood and urine samples, intimate searches by a registered medical practitioner. The period of detention can be extended up to 7 days in certain circumstances on application by the procurator fiscal
to the sheriff.
. These sections were formerly sections 51 to 54 of the Criminal Justice (Scotland) Act 1987.
Section 27 empowers the Lord Advocate
to make a direction where it appears to the Lord Advocate— that a suspected offence may involve serious or complex fraud; and that, for the purpose of investigating the affairs or any aspect of the affairs of any person, there is good reason to do so.
Where a direction has been made, the special investigatory powers in section 28 apply.
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.
Section 28 sets out special powers of investigation which are available when a direction has been made. A person nominated by the Lord Advocate may require the person under investigation, or anyone else who may have relevant information, to answer questions or furnish information or provide documents relevant to the investigation. There is power to obtain a search warrant where documents are not provided or for other special reasons. There are also protections for information subject to legal professional privilege.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.
Incest and related offences
- Section 1 consolidates the offence of incestIncestIncest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
. It applies when a male and a female related in certain ways have sexual intercourseSexual intercourseSexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
. 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.
- Section 2 deals with sexual intercourse between step-parents and stepchildrenStepfamilyA stepfamily, also known as a blended family or reconstituted family, is a family in which one or both members of the couple have children from a previous relationship...
. It provides that any stepparent or former stepparent who has sexual intercourse with his or her stepchild or former stepchild shall be guilty of an offence if that stepchild is either under the age of 21 years or has at any time before attaining the age of 18 years lived in the same household and been treated as a child of his or her family. The same defences apply as for section 1, together with a further defence of reasonable belief that the person had attained the age of 21. This section consolidates section 2B of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986.
- Section 3 made it an offence for a person over the age of 16 to have sexual intercourse with a child under 16 where that person is a member of the same household as the child and is in a position of trust and authority in relation to that child. There were defences where the accused reasonably believed that the child had attained the age of 16, where the accused did not consent and where the parties were married outside Scotland. This section consolidated section 2C of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986. This section was repealed by the Sexual Offences (Scotland) Act 2009Sexual Offences (Scotland) Act 2009The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
on 1 December 2010.
- Section 4 deals with procedural matters and the penalties for offences under sections 1 to 3. The maximum penalty on indictmentIndictmentAn indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
for any of the offences is life imprisonmentLife imprisonmentLife imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, and 12 months on summary conviction. This section consolidates section 2D of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986.
Offences against children
Sections 5 and 6 were repealed by the Sexual Offences (Scotland) Act 2009Sexual Offences (Scotland) Act 2009
The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
on 1 December 2010.
Procuring, prostitution, etc.
- Section 7 creates a number of offences relating to procuring young women or girls to have unlawful sexual intercourse or to become prostitutes or to become an inmate of or frequent brothels. It also criminalises the use of threats and intimidation, false pretences or drugs to procure a female (of any age) to have unlawful sexual intercourse. It also criminalises inducing a woman to have sex by pretending to be her husband. The Sexual Offences (Scotland) Act 2009Sexual Offences (Scotland) Act 2009The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
will repeal and replace the second and third sets of offences under this section.
- Section 8 makes it illegal to detain a female against her will in a brothel, or in other premises for the purposes of unlawful sexual intercourse with men. The withholding of clothing is treated as a form of detention.
- Section 9 makes it an offence for the owner,occupier or manager of premises to induce or knowingly suffer a girl under 16 to use premises for unlawful sexual intercourse. It is a defence to this offence that the accused, being a man under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the girl was of or over the age of 16 years. The Sexual Offences (Scotland) Act 2009 will amend the defence in section 9 so that it applies to any person, and not just to a man under the age of 24.
- 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.
- Section 11 (Trading in prostitution and brothel keeping) makes it an offence for a male to knowingly live, wholly or partly on the earnings of prostitution. It is also an offence for a female, for the purpose of gain, to exercise control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any other person, or generally.The maximum penalty on indictment for these offences is 2 years imprisonment, or 12 months on summary conviction.
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, in the sheriff court, 6 months imprisonment and/or a level 4 fine, or in the district court, 3 months imprisonment and/or a level 3 fine.
- Section 12 (Allowing child to be in brothel) makes it an offence for any person having parental responsibilities (as defined in the Children (Scotland) Act 1995) to allow a child between the ages of 4 and 16 to reside in or frequent a brothel. The maximum penalty, on indictment or summary conviction, is a level 2 fine (with provision for 6 months imprisonment on default). Special provision is made allowing a person prosecuted on indictment under section 9 to be found guilty of an offence under this section.
Section 13 ensures that premises are treated for the purposes of sections 11 and 12 of this Act as a brothel whether they are used for homosexual or heterosexual activities.
Homosexual offences
- Section 13 (homosexual offences) provides that a homosexual act (defined as sodomySodomySodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
or an act of gross indecency or shameless indecency by one male person with another male person) in private is not an offence provided that the parties consent and have attained the age of 16. This is subject to certain limitations, set out in the section. Acts in public lavatories are not to be treated as taking place in private. It is an offence to commit or be party to the commission of, or to procure or attempt to procure a homosexual act a) other than in private; b) without the consent of the parties to the act; and c) with a person under the age of 16. It is a defence to a charge under c) that the person so charged being under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of sixteen years. A boy under 16 does not commit an offence if the other party is over 16. It is an offence to procure or attempt to procure the commission of a homosexual act between two other male persons. The maximum penalty for these offences on indictment is 2 years imprisonment and/or an unlimited fine, and on summary conviction 12 months imprisonment and a fine not exceeding the prescribed sumPrescribed sumThe prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates...
.
Section 13 also makes it an offence for a person to live wholly or in part on the earnings of another from male prostitution or to solicit or importune any male person for the purpose of procuring the commission of a homosexual act. The maximum penalty for these offences on indictment is 2 years imprisonment, and on summary conviction 12 months imprisonment.
This section was largely repealed by the Sexual Offences (Scotland) Act 2009
Sexual Offences (Scotland) Act 2009
The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
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).
Miscellaneous
Sections 14 to 18 contain miscellaneous provisions relating to sexual offences.- Section 14 (Power, on indictment for rape, etc., to convict of other offences.) provided that when is tried on indictment for [rape] or an offence under section 5(1) (unlawful sexual intercourse with girl under 13) and the jury are not satisfied that the accused is guilty of that offence (or an attempt), the accused may instead be convicted of an offence under -
- section 5(2) - attempt to have unlawful sexual intercourse with girl under 13
- section 5(3) - unlawful sexual intercourse (or attempt) with girl of or over 13 and under 16
- section 7(2) - threats, intimidation, false pretences &c, or administration of drugs to procure unlawful sexual intercourse
- section 7(3) - impersonation of husband
- or of the common law offence of indecent assault.
This section was repealed by the Sexual Offences (Scotland) Act 2009
Sexual Offences (Scotland) Act 2009
The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
on 1 December 2010.
- Section 15 (defence to charge of indecent assault), which formerly provided that it was a defence to a charge of indecent assault committed against a girl under the age of 16 years that the person so charged has reasonable cause to believe that the girl was his wife, was repealed by the Criminal Justice (Scotland) Act 2003
- 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.
- Section 16A (Conspiracy or incitement to commit certain sexual acts outside the United Kingdom) makes it an offence for a person in Scotland to incite the commission of certain sexual offences outside the UK. The section was inserted by the Sexual Offences (Conspiracy and Incitement) Act 1996. The section formerly dealt with conspiracy as well as incitement, but this was removed by the Criminal Justice (Terrorism and Conspiracy) Act 1998, which made general provision for extraterritorial conspiracy offences. This section was repealed by the Sexual Offences (Scotland) Act 2009Sexual Offences (Scotland) Act 2009The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
on 1 December 2010.
- Section 16B (Commission of certain sexual acts outside the United Kingdom) makes it an offence for a British citizen or resident to commit certain sexual offences outside the UK, provided that the conduct is also an offence in the country where it is committed. This section was inserted by the Sex Offenders Act 1997Sex Offenders Act 1997The Sex Offenders Act 1997 was an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, which made various sex offenders subject to notification requirements, thereby implementing a sex offenders registry. It also gave courts in the UK extraterritorial jurisdiction...
. This section was repealed by the Sexual Offences (Scotland) Act 2009Sexual Offences (Scotland) Act 2009The Sexual Offences Act 2009 is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law....
on 1 December 2010.
- Section 17 (Liability to other criminal proceedings) preserves the effect of the common law and other enactments dealing with sexual offences, but prevents a person being punished twice for the same conduct.
Part II - Sporting Events: Control of Alcohol etc.
Part II of the Act (sections 18 to 23) allow the Scottish Ministers (formerly the Secretary of State for ScotlandSecretary of State for Scotland
The Secretary of State for Scotland is the principal minister of Her Majesty's Government in the United Kingdom with responsibilities for Scotland. He heads the Scotland Office , a government department based in London and Edinburgh. The post was created soon after the Union of the Crowns, but was...
) to designate sports grounds or sports events, to which certain special controls apply.
Section 19 creates offences of being in possession of alcohol
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
, allowing the possession of alcohol, or being drunk on vehicles going to or from a designated sporting event.
Section 20 creates offences of being in possession of a controlled container, a controlled article or substance or alcohol in a relevant area of a designated sports ground, or of attempting to enter the ground while in possession. Controlled articles/substances include fireworks, distress flares, fog signals and other substances that can be used as a flare. Controlled containers are those that could be used as a missile, e.g. a beer bottle. It is also an offence for a person to be drunk in the relevant area of a designared sports ground, or to attempt to enter the ground while drunk.
Section 21 gives the police powers of entry and search.
These provisions were previously in the Criminal Justice (Scotland) Act 1980
Criminal Justice (Scotland) Act 1980
The Criminal Justice Act 1980 is an Act of Parliament in the United Kingdom . It decriminalized private homosexual acts between two consenting adults in Scotland:"Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent...
.
Current designations are under the Sports Grounds and Sporting Events (Designation)(Scotland) Order 2004. The Sports Grounds and Sporting Events (Designation)(Scotland) Amendment Order 2007 de-designated Senior Men's International Rugby Union Matches played at Murrayfield Stadium
Murrayfield Stadium
Murrayfield Stadium is a sports stadium located in the west end of Edinburgh, the capital of Scotland. Its all-seater capacity was recently reduced from 67,800 to 67,130 to incorporate the largest permanent "big screen" in the country though it still remains the largest stadium in Scotland and one...
and Hampden Park
Hampden Park
Hampden Park is a football stadium in the Mount Florida area of Glasgow, Scotland. The 52,063 capacity venue serves as the national stadium of football in Scotland...
, allowing alcohol to be sold at matches during the 2007 Rugby World Cup
2007 Rugby World Cup
The 2007 Rugby World Cup was the sixth Rugby World Cup, a quadrennial international rugby union competition inaugurated in 1987. Twenty nations competed for the Webb Ellis Cup in the tournament, which was hosted by France from 7 September to 20 October. France won the hosting rights in 2003,...
.
Part III - Detention by Customs Officers
Part III of the Act deals with detention and questioning by customs officers. These sections were formerly sections 48 to 50 of the Criminal Justice (Scotland) Act 1987.Section 24 gives officers of Her Majesty's Revenue and Customs
Her Majesty's Revenue and Customs
Her Majesty's Revenue and Customs is a non-ministerial department of the UK Government responsible for the collection of taxes and the payment of some forms of state support....
power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence. The power applies only to offences relating to "assigned matters" (defined in section 1 of the Customs and Excise Management Act 1979 which are punishable by imprisonment. Subsections (5) and (8) set out various protections for the rights of the detained person.
Section 25 provides that where a person is detained under section 24, he is entitled to have intimation of his detention and of the place of detention sent to a solicitor and to one other person named by him without delay, and the person is to be informed of this entitlement. Where some delay is necessary in the interest of the investigation or the prevention of crime or the apprehension of offenders, this is to be done with no more delay than is so necessary. Where the detained person is a child (under 16), notification is to be sent to the child's parent, who is entitled to attend.
Section 26 provides further powers in connection with drug smuggling offences, where it is believed that a controlled drug is secreted in a person's body. The section authorises detention for up to 24 hours, the taking of blood and urine samples, intimate searches by a registered medical practitioner. The period of detention can be extended up to 7 days in certain circumstances on application by the procurator fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
to the sheriff.
Part IV - Investigation of Serious or Complex Fraud
Part IV of the Act deals with the investigation of serious or complex fraudFraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
. These sections were formerly sections 51 to 54 of the Criminal Justice (Scotland) Act 1987.
Section 27 empowers the Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
to make a direction where it appears to the Lord Advocate— that a suspected offence may involve serious or complex fraud; and that, for the purpose of investigating the affairs or any aspect of the affairs of any person, there is good reason to do so.
Where a direction has been made, the special investigatory powers in section 28 apply.
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
Crime (International Co-operation) Act 2003
The Crime Act 2003 is an Act of the Parliament of the United Kingdom covering mutual assistance in criminal matters....
or on a request being made to him by the Attorney-General of the Isle of Man
Attorney General (Isle of Man)
The Attorney General of the Isle of Man has an ex officio seat in the Legislative Council and is the Government's top legal adviser.The Attorney General is a Crown officer, rather than a member of the Isle of Man Government...
, Jersey or Guernsey acting under corresponding legislation.
Section 28 sets out special powers of investigation which are available when a direction has been made. A person nominated by the Lord Advocate may require the person under investigation, or anyone else who may have relevant information, to answer questions or furnish information or provide documents relevant to the investigation. There is power to obtain a search warrant where documents are not provided or for other special reasons. There are also protections for information subject to legal professional privilege.
Part V - Drug Trafficking
Part V of the Act formerly dealt with drug trafficking. It was repealed by the Proceeds of Crime Act 2002Proceeds of Crime Act 2002
The Proceeds of Crime Act 2002 is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK.-Background:...
Part VI - Miscellaneous and General
Part VI of the Act contains a number of miscellaneous provisions.- False oaths (sections 44 to 46). Section 44 provides that it is an offence to make a false statement on oath or in a variety of declarations, returns etc. It is also an offence to seek to be entered in any professional register by means of false declarations or certificates. Section 45 provides that aiding, abetting, counselling, procuring or inciting an offence under section 44 is also an offence, and preserves the common law of perjury and fraud. Section 46 provides that the forms and ceremonies used in taking an oath are immaterial for the purpose of the section 44 offence, and provides for extraterritorial jurisdiction. These provisions were formerly in the False Oaths (Scotland) Act 1933.
- False monetary instruments (section 46A). Section 46A was inserted by the Crime (International Co-operation) Act 2003Crime (International Co-operation) Act 2003The Crime Act 2003 is an Act of the Parliament of the United Kingdom covering mutual assistance in criminal matters....
. It provides that it is an offence for a person to counterfeit or falsify a specified monetary instrument with the intention that it be uttered as genuine, and for a person to have in his custody or control, without lawful authority or excuse, a counterfeit or falsified monetary instrument or devices or materials designed or adapted for making such instruments. The penalties for these offences are up to 10 years imprisonment. The section applies to instruments specified in the False Monetary Instruments (Scotland) Order 2005 (SSI 2005/321), i.e. money orderMoney orderA money order is a payment order for a pre-specified amount of money. Because it is required that the funds be prepaid for the amount shown on it, it is a more trusted method of payment than a cheque.-History of money orders:...
s, postal orderPostal OrderIn the United Kingdom , a Postal Order is used for sending money through the mail. In the United States, this is known as a Postal money order...
s, United Kingdom postage stamps, share certificates, chequeChequeA cheque is a document/instrument See the negotiable cow—itself a fictional story—for discussions of cheques written on unusual surfaces. that orders a payment of money from a bank account...
s and other bills of exchange, travellers' chequeTraveler's chequeA traveler's cheque is a preprinted, fixed-amount cheque designed to allow the person signing it to make an unconditional payment to someone else as a result of having paid the issuer for that privilege.- Usage :As traveler's cheques can usually be replaced if lost or stolen A traveler's cheque...
s, bankers' draftBanker's draftA banker's draft is a cheque where the funds are taken directly from the financial institution rather than the individual drawer's account....
s, promissory notePromissory noteA promissory note is a negotiable instrument, wherein one party makes an unconditional promise in writing to pay a determinate sum of money to the other , either at a fixed or determinable future time or on demand of the payee, under specific terms.Referred to as a note payable in accounting, or...
s, cheque cards, debit cardDebit cardA debit card is a plastic card that provides the cardholder electronic access to his or her bank account/s at a financial institution...
s, and credit cardCredit cardA credit card is a small plastic card issued to users as a system of payment. It allows its holder to buy goods and services based on the holder's promise to pay for these goods and services...
s. - Offensive weapons (section 47 to 50). Section 47 makes it an offence for a person to have any offensive weapon with him in a public place without lawful authority or reasonable excuse. Section 49 makes it an offence to have a bladed or sharply pointed article in a public place without good reason or lawful authority. There is a defence where the person had the article with him for use at work, for religious reasons or as part of any national costume (e.g. a sgian dubh or kirpanKirpanThe kirpan is a ceremonial sword or dagger carried by orthodox Sikhs. It is a religious commandment given by Guru Gobind Singh at the Baisakhi Amrit Sanchar in CE 1699, all baptised Sikhs must wear a kirpan at all times....
).The maximum penalty for these offences is 4 years imprisonment. Sections 48 and 50 provide for powers of search. These provisions were formerly in the Prevention of Crime Act 1953Prevention of Crime Act 1953The Prevention of Crime Act 1953 is an Act of the Parliament of the United Kingdom that restricts the carrying of offensive weapons in public...
, the Criminal Justice (Scotland) Act 1980Criminal Justice (Scotland) Act 1980The Criminal Justice Act 1980 is an Act of Parliament in the United Kingdom . It decriminalized private homosexual acts between two consenting adults in Scotland:"Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent...
, and the Carrying of Knives etc. (Scotland) Act 1993. - Racially aggravated harassmentHarassment (UK)Harassment in the United Kingdom is a topic which in the past couple of decades has been taken increasingly seriously and has been the subject of a number of pieces of major legislation...
(section 50A). Section 50A was inserted by the Crime and Disorder Act 1998Crime and Disorder Act 1998The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998...
. It makes it an offence if a person- pursues a racially-aggravated course of conduct which amounts to harassment of a person and—
-
- (i) is intended to amount to harassment of that person; or
- (ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.
- The maximum penalty on conviction on indictment is seven years imprisonment and/or an unlimited fine.
- Reset (section 51). Section 51 ensures that the offence of resetting of property extends to the receiving of property appropriated by breach of trust and embezzlement and by falsehood, fraud and wilful imposition , as well as the receiving of property taken by theft or robbery. This provision was previously in the Criminal Procedure (Scotland) Act 1975.
- VandalismVandalismVandalism is the behaviour attributed originally to the Vandals, by the Romans, in respect of culture: ruthless destruction or spoiling of anything beautiful or venerable...
(section 52). Section 52 provides that aperson who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism. Acts of wilful fireraising are excluded. The offence is triable summarily, with a maximum penalty of 6 months imprisonment. This provision was previously contained in the Criminal Justice (Scotland) Act 1980Criminal Justice (Scotland) Act 1980The Criminal Justice Act 1980 is an Act of Parliament in the United Kingdom . It decriminalized private homosexual acts between two consenting adults in Scotland:"Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent...
.