The police act 1997 and the protection of vulnerable groups (scotland) act 2007 remedial order 2015



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49. Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007(56) (banning orders).

Witness protection

50. An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005(57)—

(a) section 86 (offence of disclosing information about protection arrangements); and

(b) section 88 (offences of disclosing information relating to persons assuming new identity).

Statutory aggravations

51. An offence to which section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010(58) applies (offences aggravated by connection with serious organised crime).
Other

Inchoate offences

52. An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 51 of this Schedule.

53. An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 51 of this Schedule.

Superseded offences

54. An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 53 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

Combined offences

55. An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 54 of this Schedule.

Corresponding offences elsewhere in the UK or abroad

56. An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 55 of this Schedule.

SCHEDULE 8B

OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES
Common law offences

1. Assault excluding any assault of a kind listed in Schedule 8A.

2. Attempting to defeat the ends of justice.

3. Attempting to pervert the course of justice.

4. Breach of the peace.

5. Clandestinely taking possession.

6. Culpable and reckless conduct.

7. Culpable and reckless endangering of the public.

8. Culpable and reckless fireraising.

9. Embezzlement.

10. False accusation of a crime.

11. Fraud.

12. Housebreaking with intent to steal.

13. Mobbing and rioting.

14. Opening a lockfast place with intent to steal.

15. Perjury.

16. Prevarication on oath.

17. Prison breaking.

18. Public indecency.

19. Reset (excluding reset of plagium).

20. Subornation of perjury.

21. Theft (excluding plagium).

22. Uttering.

23. Wilful fireraising.
Statutory offences

Adult support and protection

24. An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007(59) (obstruction).

Adults with incapacity

25. An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000(60) (offence of ill-treatment and wilful neglect).

Animals

26. An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(61).

27. An offence under any of the following provisions of the Wildlife and Countryside Act 1981(62)—

(a) section 1(63) (protection of wild birds, their nests and eggs and prevention of poaching);

(b) section 5(64) (prohibition of certain methods of killing or taking wild birds);

(c) section 9(65) (protection of other wild animals and prevention of poaching);

(d) section 11(66) (prohibition of certain methods of killing or taking wild animals);

(e) section 11A, 11B and 11C(67) (offences in relation to snares);

(f) section 14ZC(68) (prohibition on keeping etc. of invasive animals or plants);

(g) section 15A(69) (possession of pesticides); and

(h) section 18 (attempts to commit offences etc.), but only in relation to an offence listed in sub-paragraphs (a) to (g) of this paragraph.

28. An offence under the Dangerous Dogs Act 1991(70).

29. An offence under the Protection of Badgers Act 1992(71).

30. An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 1994(72)—

(a) regulation 39(73) (protection of certain wild animals); and

(b) regulation 41(74) (prohibition of certain methods of taking or killing wild animals).

31. An offence under the Welfare of Animals (Slaughter or Killing) Regulations 1995(75).

32. An offence under the Wild Mammals Protection Act 1996(76).

33. An offence under the Protection of Wild Mammals (Scotland) Act 2002(77).

34. An offence under the Animal Health and Welfare (Scotland) Act 2006(78).

Armed forces

35. An offence under section 42 of the Armed Forces Act 2006(79) (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.

Assaulting or hindering public officials

36. An offence under section 89 of the Police Act 1996(80) (assaults on constables).

37. An offence under section 32 of the Commissioners for Revenue and Customs Act 2005(81) (assault).

38. An offence under the Emergency Workers (Scotland) Act 2005(82).

39. An offence under section 85 of the Fire (Scotland) Act 2005(83) (false alarms).

40. An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012(84) (assaulting or impeding police).

Aviation

41. An offence under any of the following provisions of the Aviation Security Act 1982(85)—

(a) section 20B(86) (detention direction); and

(b) section 21FA(87) (air cargo agents: documents).

Bomb hoaxes

42. An offence under section 51 of the Criminal Law Act 1977(88) (bomb hoaxes).

Bribery

43. An offence under the Bribery Act 2010(89).

Care services

44. An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001(90)—

(a) section 45(91) (application for registration under Part 3); and

(b) section 52 (use of title “social worker” etc.).

45. An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010(92)—

(a) section 80(1) (offences in relation to registration under Chapter 3);

(b) section 81 (false statements in application under Chapter 3); and

(c) section 90 (offences under Chapter 4).



46. An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011(93) (offences).

47. An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011(94) (offences).

Charities

48. An offence under the Charities and Trustee Investment (Scotland) Act 2005(95).

Child Support

49. An offence under section 50 of the Child Support Act 1991(96) (unauthorised disclosure of information).

Crossbows

50. An offence under section 1 of the Crossbows Act 1987(97) (sale and letting on hire).

Domestic abuse

51. An offence under section 2 of the Domestic Abuse (Scotland) Act 2011(98) (breach of domestic abuse interdict with power of arrest).

Drugs

52. An offence under any of the following provisions of the Misuse of Drugs Act 1971(99)—

(a) section 3(100) (restriction of importation and exportation of controlled drugs);

(b) section 4(101) (restriction of production and supply of controlled drugs);

(c) section 4A(102) (aggravation of offence of supply of controlled drug);

(d) section 5(3) (restriction of possession of controlled drugs);

(e) section 6 (restriction of cultivation of cannabis plant);

(f) section 8(a) and (b) (occupiers etc. of premises to be to be punishable for certain activities taking place there);

(g) section 12(103) (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

(h) section 13(104) (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

(i) section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

(j) section 19(105) (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

(k) section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).



53. An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979(106) in relation to goods prohibited to be imported under section 3(1) of the Misuse of Drugs Act 1971(107) (restriction of importation and exportation of controlled drugs).

54. An offence under the Criminal Justice (International Co-operation) Act 1990(108).

Escape from custody etc.

55. An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003(109) (inducing and assisting absconding etc.).

56. An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012(110) (escape from custody).

Financial Services

57. An offence under the Financial Services and Markets Act 2000(111).

58. An offence under the Financial Services Act 2012(112).

Fire safety

59. An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences)(113).

Firearms

60. An offence under the Firearms Act 1968(114), except an offence under any of the following provisions—

(a) section 16 (possession of firearm with intent to injure);

(b) section 16A (possession of firearm with intent to cause fear or violence);

(c) section 17 (use of firearm to resist arrest); and

(d) section 18 (carrying firearm with criminal intent).

61. An offence under section 50(5) of the Civic Government (Scotland) Act 1982(115) (drunk in possession of firearm).

62. An offence under the Firearms (Amendment) Act 1997(116).

63. An offence under any of the following provisions of the Violent Crime Reduction Act 2006(117)—

(a) section 28 (using someone to mind a weapon);

(b) section 32 (sales of air weapons by way of trade or business to be face to face);

(c) section 35 (restriction on sale and purchase of primers); and

(d) section 36 (manufacture, import and sale of realistic imitation firearms).

Food safety and standards

64. An offence under any of the following provisions of the Food Safety Act 1990(118)—

(a) section 7(119) (rendering food injurious to health); and

(b) section 9(120) (inspection and seizure of suspected food).

65. An offence under regulation 4(b) of the General Food Regulations 2004(121).

Forced marriage

66. An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order)(122).

Fraud and forgery

67. An offence under the Forgery and Counterfeiting Act 1981(123).

68. An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments)(124).

69. An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud)(125).

70. An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.)(126).

Harassment

71. An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders)(127).

72. An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order)(128).

Immigration, etc.

73. An offence under any of the following provisions of the Immigration Act 1971(129)—

(a) section 24(130) (illegal entry and similar offences);

(b) section 24A(131) (deception);

(c) section 25(132) (assisting unlawful immigration to member State);

(d) section 25A(133) (helping asylum-seeker to enter United Kingdom);

(e) section 25B(134) (assisting entry to United Kingdom in breach of deportation or exclusion order);

(f) section 26(135) (general offences in connection with administration of Act);

(g) section 26A(136) (registration card);

(h) section 26B(137) (possession of immigration stamp); and

(i) section 27(138) (offences by captains, owners or agents of ships or aircraft).



74. An offence under any of the following provisions of the Immigration and Asylum Act 1999(139)—

(a) section 105 (false representations);

(b) section 106 (dishonest representations);

(c) any of the following paragraphs of Schedule 11—

(i) paragraph 1 (obtaining certificates of authorisation by false pretences);

(ii) paragraph 4(140) (assaulting a detainee custody officer); and

(iii) paragraph 5 (obstructing detainee custody officer); and

(d) any of the following paragraphs of Schedule 12—

(i) paragraph 3(141) (failure to submit to a medical examination);

(ii) paragraph 4(142) (assisting detained persons to escape);

(iii) paragraph 5 (bringing alcohol into a detention centre); and

(iv) paragraph 6 (conveying articles into or out of a detention centre).



75. An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(143) (deportation or removal: cooperation).

76. An offence under section 21 of the Immigration, Asylum and Nationality Act 2006(144) (offence).

Insolvency

77. An offence under any of the following provisions of the Insolvency Act 1986(145)—

(a) section 131(146) (company’s statement of affairs);

(b) section 206(147) (fraud, etc. in anticipation of winding up);

(c) section 208(148) (misconduct in course of winding up);

(d) section 216(149) (restriction on re-use of company names); and

(e) section 235(150) (duty to co-operate with office-holder).



Landmines

78. An offence under section 2 of the Landmines Act 1998(151) (prohibited conduct).

Medicines

79. An offence under any of the following provisions of the Medicines Act 1968(152)—

(a) section 45 (offences under Part II), but only in relation to a contravention of section 7(2) (general provisions as to dealing with medicinal products); and

(b) section 67 (offences under Part III).

80. An offence under any of the following provisions of the Human Medicines Regulations 2012(153)—

(a) regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

(b) regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

Mental health

81. An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements)(154).

Neglect of duty

82. An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003(155).

83. An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty)(156).

Obscene material etc.

84. An offence under section 1(1) of the Indecent Displays Act 1981(157) (indecent displays).

85. An offence under any of the following provisions of the Civic Government (Scotland) Act 1982(158) —

(a) section 51(159) (obscene material);

(b) section 51A(160) (extreme pornography); and

(c) paragraph 19(3)(161) of Schedule 2 (enforcement).



86. An offence under section 85(3) of the Postal Services Act 2000(162) (prohibition on sending certain articles by post).

87. An offence under section 127(1) of the Communications Act 2003(163) (improper use of public electronic communications network).

Offences in relation to children

88. An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937(164)—

(a) section 15 (causing or allowing persons under 16 to be used for begging);

(b) section 22 (exposing children under seven to risk of burning);

(c) section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

(d) section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

(e) section 34 (restrictions on training for performances of a dangerous nature).



89. An offence under section 40(1) of the Children and Young Persons Act 1963(165) (offences).

90. An offence under section 50(2) of the Civic Government (Scotland) Act 1982(166) (drunk in charge of a child).

91. An offence under section 81 of the Children (Scotland) Act 1995(167) (offences in connection with orders etc. for the protection of children).

92. An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011(168)—

(a) section 59 (offences); and

(b) section 171 (offences related to absconding).

Offensive behaviour etc.

93. An offence under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012(169).

Offensive weapons

94. An offence under the Restriction of Offensive Weapons Act 1959(170).

95. An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979(171) in relation to goods prohibited to be imported under—

(a) section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

(b) section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

96. An offence under any of the following provisions of the Criminal Justice Act 1988(172)—

(a) section 141 (offensive weapons); and

(b) section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

97. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995(173)—

(a) section 47 (prohibition of the carrying of offensive weapons);

(b) section 48 (search for offensive weapons);

(c) section 49 (offence of having in a public place an article with a blade or point);

(d) section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

(e) section 49C (offence of having offensive weapon etc. in prison); and

(f) section 50 (extension of constable’s power to stop, search and arrest without warrant).

Official Secrets Acts

98. An offence under the Official Secrets Act 1911(174).

99. An offence under the Official Secrets Act 1920(175).

100. An offence under the Official Secrets Act 1989(176).

Prisons

101. An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison)(177).

Proceeds of crime and money laundering

102. An offence under any of the following provisions of the Proceeds of Crime Act 2002(178)—

(a) Part 7(179) (money laundering);

(b) Part 8(180) (investigations); and

(c) section 453A(181) (certain offences in relation to financial investigators).



103. An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013(182).

104. An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015(183).

Prostitution

105. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995(184)—

(a) section 7(185) (procuring);

(b) section 9(186) (permitting girl to use premises for intercourse);

(c) section 11(187) (trading in prostitution and brothel-keeping);

(d) section 12 (allowing child to be in brothel); and

(e) section 13(9)(188) (living on earnings of another from male prostitution).




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