Criminal Justice and Licensing (Scotland) Act 2010

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Defined terms · 96

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a member
means a member appointed by the Lord Justice General or the Scottish Ministers.
a previous conviction for a relevant foreign offence
has the same meaning as in section 39(5)(aa) of that Act;
accused
includes— ((a)) appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, and ((b)) respondent, • “appellant” has the meaning given by section 132. • “appropriate Appeal Court” means— (a) in the case of an appeal under this section in proceedings on indictment, the High Court, (b) in the case of an appeal under this section in summary proceedings, the Sheriff Appeal Court, • “ respondent ” has the meaning given by section 140A.
antisocial behaviour
has the same meaning as in section 143 of the Antisocial Behaviour etc.
appeal
includes—
appellant
has the meaning given by section 132. • “appropriate Appeal Court” means— (a) in the case of an appeal under this section in proceedings on indictment, the High Court, (b) in the case of an appeal under this section in summary proceedings, the Sheriff Appeal Court, • “ respondent ” has the meaning given by section 140A.
appellate proceedings
means— (a) an appeal under section 106(1)(a) or (f) of the 1995 Act which brings under review an alleged miscarriage of justice, (b) an appeal under paragraph (b), (ba), (bb), (c), (d), (db) or (dc) of subsection (1) of section 106 of the 1995 Act which brings under review in accordance with subsection (3)(a) of that section an alleged miscarriage of justice, (c) an appeal under section 175(2)(a) or (d) of the 1995 Act which brings under review an alleged miscarriage of justice, (d) an appeal under paragraph (b), (c) or (cb) of subsection (2) of section 175 of the 1995 Act which brings under review an alleged miscarriage of justice which is based on the type of miscarriage described in subsection (5) of that section, (e) an appeal to the Supreme Court against a determination by the High Court of Justiciary of a devolution issue, (ea) an appeal to the Supreme Court against a determination by the High Court of Justiciary of a compatibility issue (within the meaning of section 288ZA of the Criminal Procedure (Scotland) Act 1995), (f) an appeal against conviction by bill of suspension under section 191(1) of the 1995 Act, (g) an appeal against conviction by bill
applicable period
means— a in any case where subsection (6) applies to the relevant offender, such period not exceeding one year as the Scottish Ministers may prescribe in regulations, and b in any other case, the period of one year. 6 This subsection applies to the relevant offender if the last home address notified by the offender under section 83(1) or 84(1) or subsection (1) was the address or location of such a place as is mentioned in section 83(7)(b).”
appropriate Appeal Court
means— (a) in the case of an appeal under this section in proceedings on indictment, the High Court, (b) in the case of an appeal under this section in summary proceedings, the Sheriff Appeal Court, • “ respondent ” has the meaning given by section 140A.
appropriate person
means the person from whom the relevant physical data was taken or by whom it was provided or from whom the sample was taken, • “destruction date” has the meaning given by section 18B(5), • “the relevant chief constable” has the same meaning as in subsection (11) of section 18A, with the modification that references to the person referred to in subsection (2) of that section are references to the appropriate person.”
article
includes animal.”
asylum claim
means— (a) a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom, (b) a claim that the claimant would face a real risk of serious harm if removed from the United Kingdom, • “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998, • “detained in lawful custody” means— (a) detained in pursuance of a sentence of imprisonment or detention, a sentence of custody for life or a detention and training order, (b) remanded in or committed to custody by an order of a court, (c) detained pursuant to an order under
classified work
means a video work in respect of which a classification certificate has been issued by a designated authority, • “classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c.39), • “designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act, • “extract” includes an extract of a single image, • “image” is to be construed in accordance with section 51A. 51C 1 Where a person (“A”) is charged with an offence under section 51A, it is a defence for A to prove one or more of the matters mentioned in subsection (2). 2 The matters are— a that A had a legitimate reason for bei
commencement
means the day on which section 90 comes into force, • “pre-commencement anonymity order” means an order made by a court before commencement under any rule of law relating to the power of the court to make an order for securing that the identity of a witness in criminal proceedings is withheld from the accused (or, on a defence application, from other accused), • “witness anonymity order” has the meaning given by section 271N of the 1995 Act.
commencement of the trial
means the time when the first witness for the prosecution is sworn. 271R 1 This section applies where an application is made for a witness anonymity order to be made in relation to a witness in criminal proceedings. 2 The court may make the order only if it is satisfied that Conditions A to D below are met. 3 Condition A is that the proposed order is necessary— a in order to protect the safety of the witness or another person or to prevent any serious damage to property, or b in order to prevent real harm to the public interest (whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activit
conduct
includes acts and omissions. 51B 1 A person who would otherwise be convicted of murder is instead to be convicted of culpable homicide on grounds of diminished responsibility if the person's ability to determine or control conduct for which the person would otherwise be convicted of murder was, at the time of the conduct, substantially impaired by reason of abnormality of mind. 2 For the avoidance of doubt, the reference in subsection (1) to abnormality of mind includes mental disorder. 3 The fact that a person was under the influence of alcohol, drugs or any other substance at the time of the conduct in question does not of itself— a constitute abnormality of mind for the purposes
Convention rights
means the rights identified as Convention rights by section 1 of the Human Rights Act 1998, • “detained in lawful custody” means— (a) detained in pursuance of a sentence of imprisonment or detention, a sentence of custody for life or a detention and training order, (b) remanded in or committed to custody by an order of a court, (c) detained pursuant to an order under section 2 of the Colonial Prisoners Removal Act 1884 (c.31) or a warrant under section 1 or 4A of the Repatriation of Prisoners Act 1984 (c.47), (d) detained under Part 3 of the Mental Health Act 1983 (c.20) or by virtue of an order under section 5 of the Criminal Procedure (Insanity) Act 1964 (c.84) or secti
country
includes territory;
court
means the High Court, the sheriff or a justice of the peace court, • “imprisonment” includes detention. 227B 1 This section applies where a court is considering imposing a community payback order on an offender. 2 The court must not impose the order unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant the imposition of such an order. 3 Before imposing a community payback order imposing two or more requirements, the court must consider whether, in the circumstances of the case, the requirements are compatible with each other. 4 The court must not impose the order unless it has obtained, and taken account of, a report from an officer of a local authority containing information about the offender and the offender's circumstances. 5 An Act of Adjournal may prescribe— a the form of a report under subsection (4), and b the particular information to be contained in it. 6 Subsection (4) does not apply where the court is considering imposing a community payback order— a imposing only a level 1 unpaid work or other activity requirement, or b under section 227M(2). 7 The clerk of the
defence statement
means a statement setting out— a the nature of the accused's defence, including any particular defences on which the accused intends to rely, b any matters of fact on which the accused takes issue with the prosecution and the reason for doing so, c particulars of the matters of fact on which the accused intends to rely for the purposes of the accused's defence, d any point of law which the accused wishes to take and any authority on which the accused intends to rely for that purpose, e by reference to the accused's defence, the nature of any information that the accused requires the prosecutor to disclose, and f the reasons why the accused considers that disclosure by the
designated authority
means an authority which has been designated by the Secretary of State under section 4 of that Act, • “extract” includes an extract of a single image, • “image” is to be construed in accordance with section 51A. 51C 1 Where a person (“A”) is charged with an offence under section 51A, it is a defence for A to prove one or more of the matters mentioned in subsection (2). 2 The matters are— a that A had a legitimate reason for being in possession of the image concerned, b that A had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image, c that A— i was sent the image concerned without any prior request having b
destruction date
has the meaning given by section 18E(9);
detained in lawful custody
means— (a) detained in pursuance of a sentence of imprisonment or detention, a sentence of custody for life or a detention and training order, (b) remanded in or committed to custody by an order of a court, (c) detained pursuant to an order under section 2 of the Colonial Prisoners Removal Act 1884 (c.31) or a warrant under section 1 or 4A of the Repatriation of Prisoners Act 1984 (c.47), (d) detained under Part 3 of the Mental Health Act 1983 (c.20) or by virtue of an order under section 5 of the Criminal Procedure (Insanity) Act 1964 (c.84) or section 6 or 14 of the Criminal Appeal Act 1968 (c.19) (hospital orders etc.), (e) detained by virtue of an order under
domestic premises
means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).”
earlier proceedings
has the meaning given by section 133(5).
extract
includes an extract of a single image, • “image” is to be construed in accordance with section 51A. 51C 1 Where a person (“A”) is charged with an offence under section 51A, it is a defence for A to prove one or more of the matters mentioned in subsection (2). 2 The matters are— a that A had a legitimate reason for being in possession of the image concerned, b that A had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image, c that A— i was sent the image concerned without any prior request having been made by or on behalf of A, and ii did not keep it for an unreasonable time. 3 Where A is charged with an offence under se
first proceedings
has the meaning given by section 140B(5).
fixed penalty notice
has the meaning given by section 129(2) of the 2004 Act, • “fixed penalty offence” has the meaning given by section 128(1) of the 2004 Act.”
fixed penalty offence
has the meaning given by section 128(1) of the 2004 Act.”
food
has the meaning given in section 1 of the Food Safety Act 1990 (c.16).”
Framework Decision
means Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings.
human rights claim
means a claim that to remove the claimant from, or to require the claimant to leave, the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with the person's Convention rights, • “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention, • “serious harm” has the meaning given by article 15 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international prot
imprisonment
includes detention. 227B 1 This section applies where a court is considering imposing a community payback order on an offender. 2 The court must not impose the order unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant the imposition of such an order. 3 Before imposing a community payback order imposing two or more requirements, the court must consider whether, in the circumstances of the case, the requirements are compatible with each other. 4 The court must not impose the order unless it has obtained, and taken account of, a report from an officer of a local authority containing information about the offender and the offender's circumstances. 5 An Act of Adjournal may prescribe— a the form of a report under subsection (4), and b the particular information to be contained in it. 6 Subsection (4) does not apply where the court is considering imposing a community payback order— a imposing only a level 1 unpaid work or other activity requirement, or b under section 227M(2). 7 The clerk of the court must give a copy of any report obtained under subsection (4) to— a the
investigating agency
means—
joint operation
has the meaning given by section 93(3E), and • “relevant area” means the area— (a) for which the police forces involved in the joint operation are maintained, and (b) to which the application for authorisation relates.”
material benefit
means a right or interest of any description in any property, whether heritable or moveable and whether corporeal or incorporeal.
misconduct
includes conduct that causes alarm or distress.”
non-notification case
means a case where the court is determining— (a) an application for a non-notification order, (b) an application for review of the grant or refusal of a non-notification order, (c) an appeal relating to such an order, • “ respondent ” has the meaning given by section 140A, • “restricted notification case” means a case where the court is determining— (a) an application for a restricted notification order, (b) an application for review of the grant or refusal of a restricted notification order, (c) an appeal relating to such an order.
offensive weapon
means any article— (a) made or adapted for use for causing injury to a person, or (b) intended, by the person having the article, for use for causing injury to a person by— (i) the person having it, or (ii) some other person, • “public place” means any place other than— (a) domestic premises, (b) school premises (within the meaning of section 49A(6)), (c) a prison (within the meaning of section 49C(7)), • “domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).”
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
other relevant order or requirement
means— a any other restriction of liberty order in effect in respect of the offender at the time the court is making the order referred to in subsection (2A), and b any restricted movement requirement under section 227ZF in effect in respect of the offender at that time.”
other relevant requirement or order
means— a any other restricted movement requirement in effect in respect of the offender at the time the court is imposing the requirement referred to in subsection (3), and b any restriction of liberty order under section 245A in effect in respect of the offender at that time. 5 A restricted movement requirement— a takes effect from the specified day, and b has effect for such period as is specified. 6 The period specified under subsection (5)(b) must be— a not less than 14 days, and b subject to subsections (7) and (8), not more than 12 months. 7 Subsection (8) applies in the case of a restricted movement requirement imposed for failure to comply with a requirement of a community payback order— a where the offender was under 18 years of age at the time the order was imposed, or b where the only requirement imposed by the order is a level 1 unpaid work or other activity requirement. 8 The period specified under subsection (5)(b) must be not more than— a where the order was imposed by a justice of the peace court, 60 days, or b in any other case, 3 months. 9 A court imposing a restricted movement requirement must specify in it— a the method by w
outstanding custodial period
means, in relation to a removed person, a period of time equal to the period beginning with the date of removal from the United Kingdom and ending with the date on which the person would, but for the removal, have served one-half of the sentence. 5 Until the coming into force of the repeal by this Act of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9), paragraph (c) of section 24 of the International Criminal Court (Scotland) Act 2001 (asp 13) (limited disapplication of certain provisions relating to sentences) has effect as if— a after “9” there were inserted “, 9A, 9B, 9C ”, and b after “transfer” there were inserted “, removal ”.”
passport
means— a a United Kingdom passport within the meaning of the Immigration Act 1971 (c.77);
Patient data
means data relating to an individual which is held for medical purposes and from which the individual can be identified. 5 “Medical purposes” are the purposes of— a preventative medicine, b medical diagnosis, c medical research, d the provision of care and treatment, e the management of health and social care services, and f informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care and treatment. 6 Nothing in this section prevents disclosure of data under any other provision of this Act, another enactment or any rule of law. 7 Data matching exercises may include data disclosed by a person outside Scotland. 26C 1 Au
personal communication device
includes— a a mobile telephone, b any other portable electronic device that is capable of transmitting or receiving a communication of any kind, c any— i component part of a device mentioned in paragraph (a) or (b), ii article that is designed or adapted for use with such a device.”
pre-commencement anonymity order
means an order made by a court before commencement under any rule of law relating to the power of the court to make an order for securing that the identity of a witness in criminal proceedings is withheld from the accused (or, on a defence application, from other accused), • “witness anonymity order” has the meaning given by section 271N of the 1995 Act.
prescribed persons
means such persons, or class or classes of person, as may be prescribed by the Scottish Ministers by regulations made by statutory instrument. 3 A statutory instrument containing regulations under subsection (2) is to be subject to annulment in pursuance of a resolution of the Scottish Parliament. 227ZM 1 Each local authority must, as soon as practicable after the end of each reporting year, prepare a report on the operation of community payback orders within their area during that reporting year, and send a copy of the report to the Scottish Ministers. 2 The Scottish Ministers may issue directions to local authorities about the content of their reports under subsection (1);
prior statement
has the meaning it has in section 260 of the 1995 Act.
proceedings before a judicial authority
has the same meaning as in section 4. 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 th
programme
means a course or other planned set of activities, taking place over a period of time, and provided to individuals or groups of individuals for the purpose of addressing offending behavioural needs. 3 A court may impose a programme requirement on an offender only if the specified programme is one which has been recommended by an officer of a local authority as being suitable for the offender to participate in. 4 If an offender's compliance with a proposed programme requirement would involve the co-operation of a person other than the offender, the court may impose the requirement only if the other person consents. 5 A court may not impose a programme requirement that would require an offender to participate in a specified programme after the expiry of the period specified in the offender supervision requirement to be imposed at the same time as the programme requirement (by virtue of section 227G(2)(b)). 6 Where the court imposes a programme requirement on an offender, the requirement is to be taken to include a requirement that the offender, while attending the specified programme, complies with any instructions given by or on behalf of the person in charge of the prog
public body
means a person whose functions— a are functions of a public nature, or b include functions of a public nature. 4 A person referred to in subsection (3)(b) is a public body to the extent only of the functions referred to in that subsection.”
public place
has the same meaning as in section 47(4).”
relevant act
has the meaning given by section 140B(5), • “ relevant conclusion ” has the meaning given by section 140C(6).
relevant application or appeal
means the application or appeal referred to in section 150(1) in respect of which special counsel is appointed.
relevant area
means the area— (a) for which the police forces involved in the joint operation are maintained, and (b) to which the application for authorisation relates.”
relevant chief constable
has the same meaning as in subsection (11) of section 18A, with the modification that references to the person referred to in subsection (2) of that section are references to the child referred to in section 18E(1).”
relevant conclusion
means the disposal or abandonment of the 2011 Act proceedings.
relevant definition
means the definition of appellate proceedings in section 132, • “relevant rule” means rule 29A.1(3) of the Criminal Procedure Rules 1996 (S.I. 1996/513).
relevant hearing
means a hearing at, or for the purposes of, which a witness is to give evidence.”
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 com
relevant Licensing Board
has the meaning given in section 83(11).”
Relevant list, application or notice
means— a a list of witnesses, b a list of productions, c a notice under section 67(5) or 78(4) relating to the witness, d a motion or application under section 268, 269 or 270 relating to the witness, e any other motion, application or notice relating to the witness. 9 The court must give every party to the proceedings the opportunity to be heard on an application under this section. 10 Subsection (9) does not prevent the court from hearing one or more of the parties to the proceedings in the absence of an accused and the accused's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case. 11 Nothing i
relevant matter
means any personal injury, loss, damage or other matter in respect of which a compensation order could be made against the offender under section 249 of this Act, and • “relevant person” means a person in whose favour the compensation could be awarded by such a compensation order. 3 A compensation requirement may require the compensation to be paid in a lump sum or in instalments. 4 The offender must complete payment of the compensation before the earlier of the following— a the end of the period of 18 months beginning with the day on which the compensation requirement is imposed, b the beginning of the period of 2 months ending with the day on which the offender supervision requirement imposed under section 227G(2) ends. 5 The following provisions of this Act apply in relation to a compensation requirement as they apply in relation to a compensation order, and as if the references in them to a compensation order included a compensation requirement— a section 249(3), (4), (5) and (8) to (10), b section 250(2), c section 251(1), (1A) and (2)(b), and d section 253. 227I 1 In this Act, an “unpaid work or other activity requirement” is, in relation to an offender, a r
relevant NHS body
means— (a) an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5), (b) a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c.18), (c) a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004 (c.23), (d) a 8 Data disclosed under subsection (2) may not be further disclosed except— a for, or in connection with— i the purpose for which it was disclosed under subsection (2)(a), or ii the function for which it was disclosed under subsection (2)(b) or (c), b otherwise for the investigation or prosecution of an offence, or c in pursuance of a duty imposed by or under an enactment.
relevant offence
means an offence under section 1 or 2 of this Act or an offence ancillary to such an offence. 9B 1 This section applies in relation to— a an offence under section 1 of this Act on account of an act committed before 17 December 2001 constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969, b an offence under section 1 of this Act on account of an act committed before 1 September 2001 constituting a war crime, if at the time the act was committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (c.52) (grave breaches of the Conventions), c an offence ancillary to an of
relevant offer
means— a a conditional offer under section 302, b a compensation offer under section 302A, c a combined offer under section 302B, or d a work offer under section 303ZA. 4 Subject to subsections (6) and (7) and section 18C(9) and (10), the relevant physical data, sample or information derived from a sample must be destroyed no later than the destruction date. 5 In subsection (4), “destruction date” means— a in relation to a relevant offer that relates only to— i a relevant sexual offence, ii a relevant violent offence, or iii both a relevant sexual offence and a relevant violent offence, the date of expiry of the period of 3 years beginning with the date on which the relevant offer is issued or such later date as an order under section 18C(2) or (6) may specify, b in relation to a relevant offer that relates to— i an offence or offences falling within paragraph (a), and ii any other offence, the date of expiry of the period of 3 years beginning with the date on which the relevant offer is issued or such later date as an order under section 18C(2) or (6) may specify, c in relation to a relevant offer that does not relate to an offence falling within paragraph (a), th
relevant period
means the period—
relevant person
has the same meaning as in section 93(2) of the Children Act;
relevant rule
means rule 29A.1(3) of the Criminal Procedure Rules 1996 (S.I. 1996/513).
reporting year
means— a the period of 12 months beginning on the day this section comes into force, or b any subsequent period of 12 months beginning on an anniversary of that day. 227ZN 1 In sections 227A to 227ZK, “the appropriate court” means, in relation to a community payback order— a where the order was imposed by the High Court of Justiciary, that Court, b where the order was imposed by a sheriff, a sheriff having jurisdiction in the locality mentioned in subsection (2), c where the order was imposed by a justice of the peace court— i the justice of the peace court having jurisdiction in that locality, or ii if there is no justice of the peace court having jurisdiction in that local
request assistance
means request assistance in obtaining outside the United Kingdom any information specified in the request for use by the Commission for the purposes of carrying out their functions. 4 Section 8 of the Crime (International Co-operation) Act 2003 (c.32) (sending requests for assistance) applies to requests for assistance under this section as it applies to requests for assistance under section 7 of that Act. 5 Subsections (2), (3) and (6) of section 9 of that Act (use of evidence obtained) apply to information obtained pursuant to a request for assistance under this section as they apply under subsection (1) of that section to evidence obtained pursuant to a request for as
respondent
has the meaning given by section 140A.
restricted notification case
means a case where the court is determining— (a) an application for a restricted notification order, (b) an application for review of the grant or refusal of a restricted notification order, (c) an appeal relating to such an order.
sensitive
has the meaning given by section 122(4).
sentencing matters
means—
serious harm
has the meaning given by article 15 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. 5 In this section, a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971. 6 This section applies in relation to any offence under this Part (whether committed before or after the coming into force of this section).”
serious offence
means an indictable offence— (a) committed with the intention of obtaining a material benefit for any person, or (b) which is an act of violence committed or a threat made with the intention of obtaining such a benefit in the future, and • “material benefit” means a right or interest of any description in any property, whether heritable or moveable and whether corporeal or incorporeal.
serious organised crime
means crime involving two or more persons acting together for the principal purpose of committing or conspiring to commit a serious offence or a series of serious offences, • “serious offence” means an indictable offence— (a) committed with the intention of obtaining a material benefit for any person, or (b) which is an act of violence committed or a threat made with the intention of obtaining such a benefit in the future, and • “material benefit” means a right or interest of any description in any property, whether heritable or moveable and whether corporeal or incorporeal.
specified
means specified in the order of the court.
the 1982 Act
means the Civic Government (Scotland) Act 1982 (c.45), • “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c.46), and • “the 2005 Act” means the Licensing (Scotland) Act 2005 (asp 16).
the 1995 Act
means the Criminal Procedure (Scotland) Act 1995 (c.46), and • “the 2005 Act” means the Licensing (Scotland) Act 2005 (asp 16).
the 2004 Act
means the Antisocial Behaviour etc.
the 2005 Act
means the Licensing (Scotland) Act 2005 (asp 16).
the appropriate court
means, in relation to a community payback order— a where the order was imposed by the High Court of Justiciary, that Court, b where the order was imposed by a sheriff, a sheriff having jurisdiction in the locality mentioned in subsection (2), c where the order was imposed by a justice of the peace court— i the justice of the peace court having jurisdiction in that locality, or ii if there is no justice of the peace court having jurisdiction in that locality, a sheriff having such jurisdiction. 2 The locality referred to in subsection (1) is the locality for the time being specified in the community payback order under section 227C(2)(a).”
the confidential information
means— (a) the information to which the relevant application or appeal relates, and (b) a copy of the relevant application or appeal, • “relevant application or appeal” means the application or appeal referred to in section 150(1) in respect of which special counsel is appointed.
the court
means— a as regards a person charged on indictment, the High Court or the sheriff court, b as regards a person charged summarily, the sheriff court.”
the Refugee Convention
means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention, • “serious harm” has the meaning given by article 15 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. 5 In this section, a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971. 6 This section applies in relation to any offence under this Part (whether committed before or after
the relevant age
means— a in the case of a person who is giving or is to give evidence in proceedings for an offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (trafficking in prostitution etc.) or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19) (trafficking people for exploitation), the age of 18, and b in any other case, the age of 16.”
the relevant chief constable
has the same meaning as in subsection (11) of section 18A, with the modification that references to the person referred to in subsection (2) of that section are references to the appropriate person.”
the relevant time
means— a the time when the order was made, or b if a previous application has been made under that subsection, the time when the application (or the last application) was made. 271V 1 The prosecutor or the accused may appeal to the High Court against— a the making of a witness anonymity order under section 271N, b the kinds of measures that are required to be taken in relation to a witness under a witness anonymity order made under that section, c the refusal to make a witness anonymity order under that section, d the discharge of a witness anonymity order under section 271U, e the variation of a witness anonymity order under that section, or f the refusal to discharge or
United Kingdom national
means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who under the British Nationality Act 1981 is a British subject, or (c) a British protected person within the meaning of that Act.
United Kingdom resident
means a person who is resident in the United Kingdom. 2 To the extent that it would not otherwise be the case, the following individuals are to be treated for the purposes of this Part as being resident in the United Kingdom— a an individual who has indefinite leave to remain in the United Kingdom, b any other individual who has made an application for such leave (whether or not it has been determined) and who is in the United Kingdom, c an individual who has leave to enter or remain in the United Kingdom for the purposes of work or study and who is in the United Kingdom, d an individual who has made an asylum claim, or a human rights claim, which has been granted,
variation
includes addition, deletion or other modification.”
victim
means— a a person who has suffered personal injury, loss or damage in respect of which a compensation order may be made by virtue of subsection (3A), or b a relative (as defined in Schedule 1 to the Damages (Scotland) Act 1976 (c.13)) who has suffered bereavement in respect of which subsection (3C)(a) allows a compensation order to be made.”
witness anonymity order
has the meaning given by section 271N of the 1995 Act.