Criminal Law (Consolidation) (Scotland) Act 1995

• Citation: 1995 c. 39
• Sections: 83

Section 1 Incest.

(1) Any male person who has sexual intercourse with a person related to him in a degree specified in column 1 of the Table set out at the end of this subsection, or any female person who has sexual intercourse with a person related to her in a degree specified in column 2 of that Table, shall be guilty of incest, unless the accused proves that he or she—

(a) did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was related in a degree so specified; or

(b) did not consent to have sexual intercourse, or to have sexual intercourse with that person; or

(c) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.

Degrees of Relationship

(2) For the purpose of this section, a degree of relationship exists in the case of a degree specified in paragraph 1 of the Table—

(a) whether it is of the full blood or the half blood; and

(b) even where traced through or to any person whose parents are not or have not been married to one another.

(3) For the avoidance of doubt sexual intercourse between persons who are not related to each other in a degree referred to in subsection (1) above is not incest.

Section 1 Notes:

This Table shows the derivation of the provisions of the Act.

Section 2 Intercourse with step-child.

Any step-parent or former step-parent who has sexual intercourse with his or her step-child or former step-child shall be guilty of an offence if that step-child 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, unless the accused proves that he or she—

(a) did not know and had no reason to suspect that the person with whom he or she had sexual intercourse was a step-child or former step-child; or

(b) believed on reasonable grounds that that person was of or over the age of 21 years; or

(c) did not consent to have sexual intercourse, or to have sexual intercourse with that person; or

(d) was married to that person, at the time when the sexual intercourse took place, by a marriage entered into outside Scotland and recognised as valid by Scots law.

Section 2 Notes:

The following abbreviations are used in the Table:—

Acts of Parliament

Section 3 Intercourse of person in position of trust with child under 16.

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Section 4 Proceedings and penalties for offences under sections 1 and 2 .

(1) Proceedings in respect of an offence under section 1 or 2 of this Act may be brought on indictment or, if the Lord Advocate so directs, on a summary complaint before the sheriff.

(2) Summary proceedings in pursuance of this section may be commenced at any time within the period of 6 months from the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge.

(3) Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of summary proceedings) shall have effect for the purposes of subsection (2) above as it has effect for the purposes of that section.

(4) For the purposes of subsection (2) above, a certificate of the Lord Advocate as to the date on which the evidence in question came to his knowledge is conclusive evidence of the date on which it did so.

(5) Subject to subsection (6) below, a person guilty of an offence under section 1 or 2 of this Act shall be liable—

(a) on conviction on indictment, to imprisonment for any term of imprisonment up to and including life imprisonment; and

(b) on summary conviction, to imprisonment for a term not exceeding 3 months.

(6) Before passing sentence on a person convicted of any such offence, the court shall—

(a) obtain information about that person’s circumstances from an officer of a local authority or otherwise and consider that information; and

(b) take into account any information before it which is relevant to his character and to his physical and mental condition.

(7) In subsection (6) above, “ local authority ” has the meaning assigned to it by section 1(2) of the Social Work (Scotland) Act 1968.

Section 5 Intercourse with girl under 16.

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Section 6 Indecent behaviour towards girl between 12 and 16.

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Section 7 Procuring.

(1) Any person who procures or attempts to procure—

(a) any woman under 21 years of age or girl to have unlawful sexual intercourse with any other person or persons in any part of the world; or

(b) any woman or girl to become a common prostitute in any part of the world; or

(c) any woman or girl to leave the United Kingdom, with intent that she may become an inmate of or frequent a brothel elsewhere; or

(d) any woman or girl to leave her usual place of abode in the United Kingdom, with intent that she may, for the purposes of prostitution, become an inmate of or frequent a brothel in any part of the world,

shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.

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Section 8 Abduction and unlawful detention.

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(3) Any person who detains any woman or girl against her will—

(a) in or upon any premises with intent that she may have unlawful sexual intercourse with men or with a particular man; or

(b) in any brothel,

shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.

(4) Where a woman or girl is in or upon any premises for the purpose of having unlawful sexual intercourse, or is in a brothel, a person shall be deemed to detain such woman or girl in or upon such premises or brothel if, with intent to compel or induce her to remain in or upon the premises or brothel, he withholds from her any wearing apparel or other property belonging to her or, where wearing apparel has been lent or otherwise supplied to the woman or girl by or by the direction of such person, he threatens the woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

(5) No legal proceedings, whether civil or criminal, shall be taken against a woman or girl mentioned in subsection (4) above for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel mentioned in that subsection.

Section 9 Permitting girl to use premises for intercourse.

(1) Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly suffers any girl of such age as is mentioned in this subsection to resort to or be in or upon such premises for the purpose of having unlawful sexual intercourse with men or with a particular man—

(a) if such girl is under the age of 13 years, shall be liable on conviction on indictment to imprisonment for life; and

(b) if such girl is of or over the age of 13 years and under the age of 16 years, shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.

(2) It shall be a defence to a charge in proceedings under this section that the person so charged . . . had reasonable cause to believe that the girl was of or over the age of 16 years.

(2A) But the defence under subsection (2) is not available to the person so charged if—

(a) that person has previously been charged by the police with a relevant sexual offence; . . .

(aa) that person has a previous conviction for a relevant foreign offence committed against a person under the age of 16 and the court considers it appropriate for the conviction to have that effect ; or

(b) there is in force in respect of that person a risk of sexual harm order.

(3) In subsection (2A) above—

(a) “ a relevant sexual offence ” has the same meaning as in section 39(5)(a) of the Sexual Offences (Scotland) Act 2009 (asp 9); . . .

(aa) “ a previous conviction for a relevant foreign offence ” has the same meaning as in section 39(5)(aa) of that Act; and

(b) “ a risk of sexual harm order ” has the same meaning as in section 39(5)(b) of that Act.

Section 10 Seduction, prostitution, etc., of girl under 16.

(1) If any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995), in relation to, or having charge or care of a girl under the age of 16 years causes or encourages—

(a) the seduction or prostitution of;

(b) unlawful sexual intercourse with; or

(c) the commission of an indecent assault upon,

her he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding three months.

(2) For the purposes of this section, a person shall be deemed to have caused or encouraged the matters mentioned in paragraphs (a) to (c) of subsection (1) above upon a girl who has been seduced or indecently assaulted, or who has had unlawful sexual intercourse or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.

(3) Subsections (1) and (2) above shall apply to a contravention of sections 19 to 26 and 29 to 36 of the Sexual Offences (Scotland) Act 2009 (asp 9) (certain sexual offences relating to children) in like manner as they apply to an indecent assault, and any reference to the commission of such an assault or to being indecently assaulted shall be construed accordingly.

(4) Where on the trial of any offence under this Part of this Act it is proved to the satisfaction of the court that the seduction or prostitution of a girl under the age of 16 years has been caused, encouraged or favoured by her father, mother or guardian it shall be in the power of the court to divest such person of all authority over her, and to appoint any person or persons willing to take charge of such girl to be her guardian until she has attained the age of 21 years, or such lower age as the court may direct.

(5) The High Court of Justiciary shall have the power from time to time to rescind or vary an order under subsection (4) above by the appointment of any other person or persons as such guardian, or in any other respect.

Section 11 Trading in prostitution and brothel-keeping.

(1) Every male person who—

(a) knowingly lives wholly or in part on the earnings of prostitution; or

(b) in any public place persistently solicits or importunes for immoral purposes,

shall be guilty of an offence and liable to the penalties set out in subsection (1A) .

(1A) A person—

(a) guilty of the offence set out in subsection (1)(a) is liable—

(i) on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,

(ii) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both,

(b) guilty of the offence set out in subsection (1)(b) is liable—

(i) on conviction on indictment, to imprisonment for a term not exceeding two years,

(ii) on summary conviction, to imprisonment for a term not exceeding 12 months.

(2) If it is made to appear to a court of summary jurisdiction by information on oath that there is reason to suspect that any house or any part of a house is used by a female for purposes of prostitution, and that any male person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, the court may issue a warrant authorising a constable to enter and search the house and to arrest that male person.

(3) Where a male person is proved to live with or to be habitually in the company of a prostitute, or is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person, or generally, he shall, unless he can satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution.

(4) Every female who is proved to have, for the purposes of gain, exercised 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, shall be liable to the penalties set out in subsection (1A)(a) above.

(5) Any person who—

(a) keeps or manages or acts or assists in the management of a brothel; or

(b) being the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or

(c) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,

shall be guilty of an offence.

(6) A person guilty of an offence under subsection (5) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,

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

Section 12 Allowing child to be in brothel.

(1) If any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995), in relation to, or having charge or care of a child who has attained the age of four years and is under the age of 16 years, allows that child to reside in or to frequent a brothel, he shall be liable on conviction on indictment, or on summary conviction, to a fine not exceeding level 2 on the standard scale or alternatively, or in default of payment of such a fine, or in addition thereto, to imprisonment for a term not exceeding six months.

(2) Nothing in this section shall affect the liability of a person to be indicted under section 9 of this Act, but upon the trial of a person under that section it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under this section, to find him guilty of that offence.

Section 12A Sections 11(5) and 12: further provision

(1) Premises shall be treated for the purposes of sections 11(5) and 12 of this Act as a brothel if people resort to them for the purposes of homosexual acts in circumstances in which resort to them for heterosexual practices would have led to the premises being treated as a brothel for the purposes of those sections.

(2) For the purposes of this section, a homosexual act is an act of engaging in sexual activity by one male person with another male person; and an activity is sexual in any case if a reasonable person would, in all the circumstances of the case, consider it to be sexual.

Section 13 Living on earnings of another from male prostitution

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(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) A person who knowingly lives wholly or in part on the earnings of another from male prostitution . . . shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,

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

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(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 14 Power, on indictment for rape, etc., to convict of other offences.

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Section 15 Defence to charge of indecent assault.

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Section 16 Power of search.

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Section 16A Conspiracy or incitement to commit certain sexual acts outside the United Kingdom.

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Section 16B Commission of certain sexual acts outside the United Kingdom.

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Section 17 Liability to other criminal proceedings.

This Part of this Act shall not exempt any person from any proceedings for an offence which is punishable at common law, or under any enactment other than this Part, but nothing in this Part of this Act shall enable a person to be punished twice for the same offence.

Section 18 Designation of sports grounds and sporting events.

(1) Subject to subsection (2) below, the Secretary of State may for the purposes of this Part of this Act by order designate—

(a) a sports ground or a class of sports ground;

(b) a sporting event, or a class of sporting event, at that ground or at any of that class of ground;

(c) a sporting event, or a class of sporting event, taking place outside Great Britain.

(2) An order under this section shall not apply to a sporting event at which all the participants take part without financial or material reward and to which all spectators are admitted free of charge; but this subsection is without prejudice to the order’s validity as respects any other sporting event.

(3) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 19 Alcohol on vehicles.

(1) Where a public service vehicle or railway vehicle is being operated for the principal purpose of conveying passengers for the whole or part of a journey to or from a designated sporting event, then—

(a) any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both;

(b) if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and

(c) any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) . . . Subject to subsection (7) below, if the operator of a public service vehicle which is being operated as mentioned in subsection (1) above, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) This subsection applies to a motor vehicle which is not a public service vehicle but which is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.

(4) Any person in possession of alcohol on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.

(5) Any person who is drunk on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Any person who permits alcohol to be carried on a vehicle to which subsection (3) above applies and—

(a) is the driver of the vehicle; or

(b) where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available,

shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Where a person is charged with an offence under subsection (1)(b), (2) or (6) above, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.

Section 20 Sporting events: controls.

(1) Any person who—

(a) is in possession of a controlled container in; or

(b) while in possession of a controlled container, attempts to enter,

the relevant area of a designated sports ground at any time during the period of a designated sporting event shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.

(2) Any person who—

(a) is in possession of alcohol in; or

(b) while in possession of alcohol, attempts to enter,

the relevant area of a designated sports ground at any time during the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.

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(7) Any person who—

(a) is drunk in; or

(b) while drunk, attempts to enter,

the relevant area of a designated sports ground at any time during the period of a designated sporting event shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(8) In this section—

...

“ controlled container ” means any bottle, can or other portable container, whether open or sealed, which is, or was, in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product or veterinary medicinal product for a medicinal purpose.

“ medicinal product ”and “ medicinal purpose ” have the meanings assigned to those terms by section 130 of the Medicines Act 1968.

“ veterinary medicinal product ” has the meaning assigned to that term by regulation 2 of the Veterinary Medicines Regulations 2006.

Section 21 Police powers of enforcement.

For the purpose of enforcing the provisions of this Part of this Act, a constable shall have the power without warrant—

(a) to enter a designated sports ground at any time during the period of a designated sporting event;

(b) to search a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;

(c) to stop and search a vehicle where he has reasonable grounds to suspect that an offence under section 19 of this Act is being or has been committed;

(d) to arrest a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;

(e) to seize and detain—

(i) with its contents (if any), a controlled container as defined in section 20(8) of this Act; or

(ii) with its contents, any other container if he has reasonable grounds to suspect that those contents are or include alcohol ; or

(iii) a controlled article or substance as defined in section 20(8) of this Act.

Section 22 Presumption as to contents of container.

Section 140 of the Licensing (Scotland) Act 2005 (asp 16) (presumption as to liquid contents of containers) shall apply for the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act as it applies for the purposes of any trial in connection with an alleged contravention of any provision of that Act.

Section 23 Interpretation of Part II.

In this Part of this Act, unless the context otherwise requires—

“ advertised ” means announced in any written or printed document or in any broadcast announcement;

“ alcohol ” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16);

“ designated ” means designated by the Secretary of State by order under section 18 of this Act, and “ designated sporting event ” includes a sporting event designated under section 9(3)(a) of the Sporting Events (Control of Alcohol) Etc. Act 1985;

“ keeper ”, in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the Vehicles Excise and Registration Act 1994;

“ motor vehicle ” means a mechanically propelled vehicle intended or adapted for use on roads;

“ period of a designated sporting event ” means the period commencing two hours before the start and ending one hour after the end of a designated sporting event, except that where the event is advertised as to start at a particular time but is delayed or postponed it includes, and where for any reason an event does not take place it means, the period commencing two hours before and ending one hour after, that particular time;

“ public service vehicle ” has the same meaning as in the Public Passenger Vehicles Act 1981 and “ operator ” in relation to such a vehicle means—

the driver if he owns the vehicle; and

in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);

“ railway vehicle ” means a railway vehicle within the meaning of section 83 of the Railways Act 1993 (c.43) that is used in the provision of a railway service within the meaning of section 82 of that Act (excluding the wider meaning of “railway” given by section 81(2) of that Act);

“ relevant area ” means any part of a sports ground—

to which spectators attending a designated sporting event are granted access on payment; or

from which a designated sporting event may be viewed directly;

“ sporting event ” means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and

“ sports ground ” means any place whatsoever which is designed, or is capable of being adapted, for the holding of sporting events in respect of which spectators are accommodated.

Section 23A Investigation of offences by Her Majesty's Revenue and Customs

(1) This Part of this Act applies to the investigation of Revenue and Customs offences.

(2) ... in this Part of this Act, a “Revenue and Customs offence” is an offence which relates to a matter in relation to which Her Majesty's Revenue and Customs have functions ...

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 23B Production orders

(1) The sheriff may, if satisfied on information on oath given by an authorised officer as to the matters mentioned in subsection (2) below, make an order under subsection (3) below (in this Part, a “production order”).

(2) Those matters are—

(a) that there are reasonable grounds to suspect that a Revenue and Customs offence has been or is being committed; and

(b) that a person (in this Part, a “haver”) specified by the officer has possession or control of a document which may be required as evidence for the purposes of any proceedings in respect of such an offence.

(3) A production order is an order requiring the haver, before the expiry of the period specified in the order—

(a) to deliver the document to an officer; or

(b) to—

(i) give an officer access to the document; and

(ii) permit the officer to make copies of or remove the document.

(4) The period specified in a production order is—

(a) the period of 10 working days beginning with the day on which the order is made; or

(b) such other period as the sheriff considers appropriate.

(5) A sheriff may make a production order in relation to a haver residing or having a place of business in an area of Scotland notwithstanding that it is outside the area of that sheriff and any such order shall, without being backed or endorsed by another sheriff, have effect throughout Scotland.

(6) Subject to section 23J of this Act, a production order has effect in spite of any restriction on disclosure of information (however imposed).

(7) Without prejudice to section 23D(1) of this Act, failure by a person to comply with a production order may be dealt with as a contempt of court.

(8) In subsection (4)(a) above, “ working day ” means any day other than—

(a) a Saturday;

(b) a Sunday; or

(c) any day which is a public holiday in the area in which the production order is to have effect.

Section 23C Production orders: supplementary

(1) The sheriff may deal with an application for a production order ex parte in chambers.

(2) The sheriff may, on the application of a person mentioned in subsection (3) below—

(a) vary; or

(b) discharge,

a production order.

(3) The persons referred to in subsection (2) above are—

(a) the authorised officer who applied for the production order;

(b) a person affected by the order.

(4) Without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, rules of court made by Act of Adjournal may make provision in relation to—

(a) proceedings relating to the making of production orders; and

(b) the variation or discharge of such orders.

Section 23D Offences in relation to production orders

(1) A person who intentionally—

(a) falsifies;

(b) conceals;

(c) destroys or otherwise disposes of,

a document to which this section applies, or who causes or permits any of those acts, commits an offence.

(2) This section applies to a document which the person is required, under a production order, to—

(a) deliver to an officer; or

(b) give an officer access to.

(3) A person does not commit an offence if the person acts—

(a) with the written permission of—

(i) an officer; or

(ii) the sheriff who made the order,

after the document has been delivered or the officer has had access to it;

(b) subject to subsection (4) below, after the expiry of the period of 2 years beginning with the day on which the order is made.

(4) Subsection (3)(b) above does not apply where, before the expiry of the period referred to in that paragraph, an officer gives notice in writing to the person that the order has not been complied with to that officer's satisfaction.

(5) A person who commits an offence under subsection (1) above is liable—

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

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

Section 23E Revenue and Customs warrants

(1) The sheriff may, if satisfied on information on oath given by an authorised officer as to the matters mentioned in subsection (2) below, grant a warrant under subsection (3) below (in this Part, a “Revenue and Customs warrant”).

(2) Those matters are—

(a) that there are reasonable grounds to suspect that a Revenue and Customs offence has been or is being committed; and

(b) that evidence of that offence is to be found in or on premises specified in the information.

(3) A Revenue and Customs warrant is a warrant authorising an officer to—

(a) enter, if necessary by force, the premises specified in the information; and

(b) search those premises,

before the expiry of the period of one month beginning with the day on which the warrant is granted.

(4) The sheriff may, when granting a warrant, impose such conditions as the sheriff considers appropriate.

(5) An officer who enters premises under the authority of a Revenue and Customs warrant may—

(a) subject to any condition imposed under subsection (4) above, take with the officer such other persons (including persons who are not officers) as appear to that officer to be necessary;

(b) subject to subsection (6) below, seize and remove any document or other thing found in or on the premises which the officer has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of the offence mentioned in subsection (2)(a) above; and

(c) subject to subsections (6) and (7) below—

(i) search or cause to be searched any person found in or on the premises whom the officer has reasonable cause to believe may be in possession of any such document or thing; and

(ii) seize and remove any such document or thing found.

(6) An officer acting under the authority of a Revenue and Customs warrant may, if the officer considers it appropriate, makes copies of any document or thing found in or on the premises or on any person searched under subsection (5)(c) above.

(7) No person may be searched under subsection (5)(c) above except by a person of the same sex.

(8) A sheriff may grant a Revenue and Customs warrant in relation to premises situated in an area of Scotland notwithstanding that it is outside the area of that sheriff and any such warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it may be executed within the sheriffdom of the sheriff who granted it.

(9) In this section and in sections 23F to 23H of this Act, “ premises ” includes any place and, in particular—

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any offshore installation (within the meaning of section 12(1) of the Mineral Workings (Offshore Installations) Act 1971); and

(c) any tent or other movable structure.

Section 23F Procedure where documents etc removed

(1) This section applies where—

(a) a document is removed under a production order;

(b) a document or other thing is removed under a Revenue and Customs warrant.

(2) An officer who removes any document or thing shall, if requested to do so by a person mentioned in subsection (3) below, provide that person with a record of what that officer removed.

(3) The persons referred to in subsection (2) above are—

(a) in the case of a document removed under a production order, a haver;

(b) in the case of a document or thing removed under a Revenue and Customs warrant—

(i) a person who is the occupier of any premises from which the document or thing was removed; or

(ii) a person who had possession or control of the document or thing before it was removed.

(4) The officer must provide the record within a reasonable time of the request for it.

Section 23G Access to and copies of documents etc removed

(1) This section applies where—

(a) a document is removed under a production order;

(b) a document or other thing is removed under a Revenue and Customs warrant.

(2) A person mentioned in subsection (3) below may apply to the officer in overall charge of the investigation to which the order or warrant relates—

(a) for access to the document or thing; or

(b) for a copy or photograph of it.

(3) The persons referred to in subsection (2) above are—

(a) in the case of a document removed under a production order—

(i) a haver; or

(ii) a person acting on behalf of the haver;

(b) in the case of a document or thing removed under a Revenue and Customs warrant, a person who had possession or control of the document or thing before it was removed.

(4) Unless subsection (5) below applies, the officer in overall charge of the investigation shall—

(a) in a case to which subsection (2)(a) above applies, allow the applicant supervised access to the document or thing; or

(b) in a case to which subsection (2)(b) above applies—

(i) allow the applicant supervised access to the document or thing for the purposes of photographing or copying it; or

(ii) photograph or copy the document or thing (or cause it to be so photographed or copied) and provide the applicant with such a photograph or copy within a reasonable time.

(5) The officer in overall charge need not comply with subsection (4) above where that officer has reasonable grounds for believing that to do so would prejudice—

(a) the investigation;

(b) the investigation of a Revenue and Customs offence other than the offence for the purposes of the investigation of which the document or thing was removed; or

(c) any criminal proceedings which may be brought as a result of any investigation mentioned in paragraph (a) or (b) above.

(6) In subsection (4) above, “ supervised access ” means access under the supervision of an officer approved by the officer in overall charge of the investigation.

Section 23H Failure to comply with requirements of section 23F and 23G

(1) This section applies where—

(a) a document is removed under a production order;

(b) a document or other thing is removed under a Revenue and Customs warrant.

(2) Subject to subsection (3) below, a person who claims that—

(a) an officer has failed to comply with the requirements of section 23F(2) or (3) of this Act; or

(b) an officer in overall charge of an investigation has failed to comply with the requirements of section 23G(4) of this Act,

may apply to the sheriff for an order under subsection (4) below.

(3) An application under subsection (2) above—

(a) relating to a failure mentioned in subsection (2)(a) above, may be made only by a person who is entitled to make a request under section 23F(2) of this Act;

(b) relating to a failure mentioned in subsection (2)(b) above, may be made only by—

(i) a haver;

(ii) a person acting on behalf of a haver but only where that person applied under section 23G(2) of this Act;

(iii) a person who had possession or control of the document or thing before it was removed under a Revenue and Customs warrant.

(4) The sheriff may, if satisfied that—

(a) the officer has failed to comply with the requirements of section 23F(2) or (3) of this Act; or

(b) the officer in overall charge of the investigation has failed to comply with the requirements of section 23G(4) of this Act,

order the officer or, as the case may be, the officer in overall charge of the investigation to comply with the requirements within such time and in such manner as the sheriff specifies in the order.

Section 23J Confidentiality

(1) Neither a production order nor a Revenue and Customs warrant authorises the seizure, removal or copying of any documents or other things subject to legal privilege.

(2) Subsection (1) above does not apply where the document or thing is held for the purposes of furthering a criminal purpose.

(3) In this section—

“ documents or other things subject to legal privilege ” means—

communications between a professional legal adviser and the adviser's client; or

communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to confidentiality of communications.

Section 23K Meaning of “document” etc

(1) In sections 23B to 23J of this Act, references to a “document” include—

(a) any thing in which information of any description is recorded; and

(b) any part of such a thing.

(2) Where a production order or a Revenue and Customs warrant applies to a document in electronic or magnetic form, the order or, as the case may be, the warrant requires the person having possession or control of the document to deliver or, as the case may be, give access to the information in a form which is visible and legible and, if the officer executing the order or warrant wishes to remove it, in a form which can be removed.

Section 23L Cross-border exercise of powers

(1) Section 4 of the Summary Jurisdiction Act 1881 (execution of process of Scottish courts in England and Wales) shall apply to—

(a) a production order; and

(b) a Revenue and Customs warrant,

as it applies to a process mentioned in that section.

(2) Section 29 of the Petty Sessions (Ireland) Act 1851 (execution of warrants in Northern Ireland) shall apply to—

(a) a production order; and

(b) a Revenue and Customs warrant,

as it applies to a warrant mentioned in that section.

Section 23M Powers relating to suspects and potential witnesses

(1) Where an authorised officer has reasonable grounds for suspecting that a person has committed or is committing, at any place, a Revenue and Customs offence, the officer may require—

(a) that person, if found by the officer at that place or at any place where the officer is entitled to be, to give—

(i) the information mentioned in subsection (2) below; and

(ii) an explanation of the circumstances which have given rise to the officer's suspicion;

(b) any other person whom the officer finds at that place or at any place where the officer is entitled to be and who the officer believes has information relating to the offence, to give the information mentioned in subsection (2) below.

(2) That information is—

(a) the person's name;

(b) the person's address;

(c) the person's date of birth;

(d) the person's place of birth (in such detail as the officer considers necessary or expedient for the purpose of establishing that person's identity); and

(e) the person's nationality.

(3) The officer may require the person mentioned in paragraph (a) of subsection (1) above to remain with the officer while the officer (any or all)—

(a) subject to subsection (4) below, verifies any information mentioned in subsection (2) above given by the person;

(b) subject to section (5) below, establishes whether the person may be a person suspected of having committed a Revenue and Customs offence other than the offence in relation to which the officer made the requirement of that person under paragraph (a) of subsection (1) above;

(c) notes any explanation proffered by the person.

(4) The officer shall exercise the power under paragraph (a) of subsection (3) above only where it appears to the officer that such verification can be obtained quickly.

(5) The officer shall exercise the power under paragraph (b) of subsection (3) above only where—

(a) the person mentioned in paragraph (a) of subsection (1) above has given a name and address; and

(b) it appears to the officer that establishing the matter mentioned in paragraph (b) of subsection (3) above can be achieved quickly.

(6) The officer may use reasonable force to ensure that the person mentioned in paragraph (a) of subsection (1) above remains with that officer.

(7) The officer shall inform a person, when making a requirement of that person under—

(a) paragraph (a) of subsection (1) above, of the officer's suspicion and of the general nature of the offence which the officer suspects that the person has committed or is committing;

(b) paragraph (b) of subsection (1) above, of the officer's suspicion, of the general nature of the offence which the officer suspects has been or is being committed and that the reason for the requirement is that the officer believes the person has information relating to the offence;

(c) subsection (3) above, why the person is being required to remain with the officer;

(d) any of the said subsections, that failure to comply with the requirement may constitute an offence.

Section 23N Fingerprinting of persons suspected of offences

(1) An authorised officer may, if the person mentioned in section 23M(1)(a) of this Act gives a name and address, require that person to provide—

(a) that person's fingerprints; or

(b) a record, created by an approved device, of the skin on that person's fingers.

(2) Such fingerprints or record may be used only for the purposes of—

(a) verifying the name and address given by the person;

(b) establishing whether the person may be a person who is suspected of having committed any other Revenue and Customs offence,

and all record of such fingerprints or record shall be destroyed as soon as possible after they have fulfilled those purposes.

(3) The officer shall inform a person, when making a requirement of that person under subsection (1) above—

(a) of the existence of the power to make the requirement and why the officer proposes to exercise it in the person's case; and

(b) that failure to comply with the requirement may constitute an offence.

(4) In subsection (1)(b) above, an “approved device” is any device approved by the Scottish Ministers under section 13(8) of the Criminal Procedure (Scotland) Act 1995.

Section 23P Offences arising from breach of requirements under sections 23M and 23N

(1) A person mentioned in paragraph (a) of subsection (1) of section 23M of this Act who, having been required—

(a) under that subsection to give the information mentioned in subsection (2) of that section;

(b) under subsection (3) of that section to remain with an officer; or

(c) under subsection (1) of section 23N of this Act to provide that person's fingerprints or a record such as is mentioned in paragraph (b) of that subsection,

fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) A person mentioned in paragraph (b) of subsection (1) of section 23M of this Act who, having been required under that subsection to give the information mentioned in subsection (2) of that section, fails, without reasonable excuse, to do so, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 24 Detention and questioning : Revenue and Customs, immigration and nationality offences

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Section 24A Extension of period of detention under section 24

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Section 24B Extension under section 24A: procedure

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Section 25 Right to have someone informed when detained.

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Section 25A Right of suspects to have access to a solicitor

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Section 26 Detention in connection with certain drug smuggling offences.

(1) Where an officer has reasonable grounds for suspecting—

(a) that a person has committed or is committing a relevant offence; and

(b) that, in connection with the commission of such an offence, a controlled drug is secreted in the person’s body,

a superior officer may, notwithstanding that the person has been or is being detained in pursuance of any other enactment or subordinate instrument, authorise the detention of the person at a an office of Revenue and Customs or other premises in accordance with this section.

(2) Subject to subsection (7) below, where a person is detained under subsection (1) above or is further detained in pursuance of a warrant under subsection (4) below he shall—

(a) provide such specimens of blood or urine for analysis;

(b) submit to such intimate searches, to be carried out by a registered medical practitioner;

(c) submit to such other test or examinations prescribed by the Secretary of State by regulations made under this paragraph to be carried out by, or under the supervision of, a registered medical practitioner,

as the officer may reasonably require; and regulations under paragraph (c) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Subject to subsection (4) below, detention under subsection (1) above shall be terminated not more than 24 hours after it begins, or (if earlier)—

(a) when the person is arrested;

(b) when he is detained in pursuance of any other enactment or subordinate instrument; or

(c) where there are no longer such grounds as are mentioned in subsection (1),

and, when a person has been detained under subsection (1), he shall, unless further detained in pursuance of a warrant under subsection (4) below, be informed immediately upon the termination of his detention in accordance with this subsection that his detention has been terminated.

(4) Where a person is detained under subsection (1) above and either—

(a) he has failed or refused—

(i) to provide a specimen in pursuance of paragraph (a) of subsection (2) above; or

(ii) to submit to any search, test or examination referred to in paragraph (b) or (c) of that subsection; or

(b) as a result of anything done in pursuance of the said subsection (2) the officer continues to have reasonable grounds for suspecting—

(i) that the person has committed or is committing a relevant offence; and

(ii) that a controlled drug is secreted in the person’s body,

the procurator fiscal may, at the request of a superior officer, apply to the sheriff for a warrant for the further detention of the person at a an office of Revenue and Customs or other premises for an additional period of not more than 7 days; and if the sheriff is satisfied that there has been such failure or refusal as is mentioned in paragraph (a) above or, as the case may be, that there are reasonable grounds as mentioned in paragraph (b) above he may grant a warrant for such further detention.

(5) Detention in pursuance of a warrant under subsection (4) above shall be terminated at the end of the period of 7 days mentioned in that subsection or (if earlier)—

(a) when the person is arrested;

(b) when he is detained in pursuance of any other enactment or subordinate instrument; or

(c) where there are no longer such grounds as are mentioned in paragraph (b) of that subsection,

and when a person has been detained in pursuance of a warrant under subsection (4), he shall be informed immediately on the termination of his detention in accordance with this subsection that his detention has been terminated.

(6) Subject to subsection (7) below, the question whether it is to be a specimen of blood or a specimen of urine which is to be provided in pursuance of subsection (2) above shall be decided by the officer making the requirement.

(7) A person may be required, in pursuance of subsection (2) above—

(a) to provide a specimen of blood; or

(b) to submit to any search, test or examination,

only if a registered medical practitioner is of the opinion that there are no medical reasons for not making such a requirement; and, if a requirement to provide a specimen of blood is made, the specimen may be taken only by a registered medical practitioner.

(7A) An officer may use reasonable force in exercising any power conferred by this section, except as regards a requirement under subsection (2).

(7B) Sections 3 and 6(1), (2) and (8) of the Criminal Justice (Scotland) Act 2016 (giving and recording of information) apply in relation to a person detained by an officer under this section in connection with the commission of a relevant offence as they apply in relation to a person arrested by the officer in respect of that offence.

(7C) Sections 31 to 34 and 38 to 44 of that Act (questioning, and intimation and access to others) apply in relation to a person detained under this section in connection with the commission of a relevant offence as they apply in relation to a person in custody following arrest by an officer in respect of that offence.

(7D) A person may not be detained under this section on any grounds if the person has been detained under this section before on the same grounds or on grounds arising out of the same circumstances.

(11) In this section—

“ controlled drug ” has the meaning assigned by section 2 of the Misuse of Drugs Act 1971

“ intimate search ” means a search which consists of the physical examination of a persons’s body orifices;

“ relevant offence ” means an offence involving a controlled drug under any of the following provisions of the Customs and Excise Management Act 1979—

section 50(2) or (3) (importation etc. of prohibited goods);

section 68(2) (exportation etc. of prohibited goods);

section 170(1) (possession or dealing with prohibited goods);

section 170(2) (being concerned in evasion or attempt at evasion of a prohibition);

“ superior officer ” means an officer whose title is specified for the purposes of this section by the Treasury in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Section 26A Power of arrest

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Section 26B Interpretation of Part 3 etc

(1) In this Part of this Act—

“ authorised officer ” means an officer acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs;

...

...

...

“ office of Revenue and Customs ” means premises wholly or partly occupied by Her Majesty's Revenue and Customs; and

“ officer ” means an officer of Revenue and Customs;

(2) In any proceedings (whether civil or criminal) under or arising from this Part of this Act—

(a) a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

had authority to exercise a power or function conferred by a provision of this Part shall be conclusive proof of that fact.