Criminal Law (Consolidation) (Scotland) Act 1995

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Section 3 made it an offence for a person over the age of 16 to have sexual intercourse with a child under 16 where that person is a member of the same household as the child and is in a position of trust and authority in relation to that child. There were defences where the accused reasonably believed that the child had attained the age of 16, where the accused did not consent and where the parties were married outside Scotland. This section consolidated section 2C of the Sexual Offences (Scotland) Act 1976, as inserted by the Incest and Related Offences (Scotland) Act 1986. This section was repealed by the Sexual Offences (Scotland) Act 2009 on 1 December 2010. [1] Section 7 creates a number of offences relating to procuring young women or girls to have unlawful sexual intercourse or to become prostitutes or to become an inmate of or frequent brothels. It also formerly criminalised the use of threats and intimidation, false pretences or drugs to procure a female (of any age) to have unlawful sexual intercourse. It also formerly criminalised inducing a woman to have sex by pretending to be her husband. The Sexual Offences (Scotland) Act 2009 repealed and replaced the second and third sets of offences under this section.

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— Without prejudice to sections 1 to 4 of this Act, any person who has, or attempts to have, unlawful sexual intercourse with any girl 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. Subject to subsection (6) below, a person guilty of an offence under section 1, 2 or 3 of this Act shall be liable— Section 13 ensures that premises are treated for the purposes of sections 11 and 12 of this Act as a brothel whether they are used for homosexual or heterosexual activities.Carrying of Knives (Scotland) Act 1993 (c. 13) s.1; Council Directive 80/181 (Approximation of Laws Relating to Units of Measurement) Section 11 (Trading in prostitution and brothel keeping) makes it an offence for a male to knowingly live, wholly or partly on the earnings of prostitution. It is also an offence for a female, for the purpose of gain, to exercise control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any other person, or generally. The maximum penalty on indictment for these offences is 7 years imprisonment, or 12 months on summary conviction. Proceedings in respect of an offence under section 1, 2 or 3 of this Act may be brought on indictment or, if the Lord Advocate so directs, on a summary complaint before the sheriff.

Section 11 also makes it an offence for a person to keep, manage, or act or assist in the management of a brothel; for a tenant, lessee etc. to knowingly permit premises to be used as a brothel or for habitual prostitution; or for the lessor or landlord (or agent), knowing that premises are used as a brothel, to permit their continued use. The maximum penalty for these offences is 7 years imprisonment, or 12 months on summary conviction. any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and 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 F37or veterinary medicinal product for a medicinal purpose. Section 9 makes it an offence for the owner, occupier or manager of premises to induce or knowingly suffer a girl under 16 to use premises for unlawful sexual intercourse. It is a defence to this offence that the accused, being a man under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the girl was of or over the age of 16 years. The Sexual Offences (Scotland) Act 2009 amended the defence in section 9 so that it applies to any person (with some exceptions), and not just to a man under the age of 24. 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; andAny 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— F43“ 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); s.4; Incest and Related Offences (Scotland) Act 1986 (c. 36) Sch.1 §.4; Criminal Justice (Scotland) Act 1995 (c. 20) Sch.6 §. c) section 6 of the Sexual Offences Act 1956 (the provision for England and Wales corresponding to subsection (3) above), or with an attempt to commit such an offence; or i) is intended to amount to harassment of that person; or (ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or (b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress. The maximum penalty on conviction on indictment is seven years imprisonment and/or an unlimited fine.