Consultation on the Acquisition and Retention of DNA and Fingerprint Data in Scotland (CRES 1058)

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APPENDIX 2: RELEVANT SEXUAL AND VIOLENT OFFENCES

Section 19A(6) of the Criminal Procedure (Scotland) Act 1995

"relevant sexual offence" means any of the following offences-

(a) rape;

(b) clandestine injury to women;

(c) abduction of a woman with intent to rape;

(d) assault with intent to rape or ravish;

(e) indecent assault;

(f) lewd, indecent or libidinous behaviour or practices;

(g) shameless indecency;

(h) sodomy; and

(i) any offence which consists of a contravention of any of the following statutory provisions-

(i) section 52 of the Civic Government (Scotland) Act 1982 (taking and distribution of indecent images of children);

(ii) section 52A of that Act (possession of indecent images of children);

(iii) section 106 of the Mental Health (Scotland) Act 1984 (protection of mentally handicapped females);

(iv) section 107 of that Act (protection of patients);

(v) section 1 of the Criminal Law (Consolidation)(Scotland) Act 1995 (incest);

(vi) section 2 of that Act (intercourse with step-child);

(vii) section 3 of that Act (intercourse with child under 16 years by person in position of trust);

(viii) section 5(1) or (2) of that Act (unlawful intercourse with girl under 13 years);

(ix) section 5(3) of that Act (unlawful intercourse with girl aged between 13 and 16 years);

(x) section 6 of that Act (indecent behaviour towards girl between 12 and 16 years);

(xi) section 7 of that Act (procuring);

(xii) section 8 of that Act (abduction and unlawful detention of women and girls);

(xiii) section 9 of that Act (permitting use of premises for unlawful sexual intercourse);

(xiv) section 10 of that Act (liability of parents etc in respect of offences against girls under 16 years);

(xv) section 11(1)(b) of that Act (soliciting for immoral purpose);

(xvi) section 13(5)(b) and (c) of that Act (homosexual offences);

"relevant violent offence" means any of the following offences-

(a) murder or culpable homicide;

(b) uttering a threat to the life of another person;

(c) perverting the course of justice in connection with an offence of murder;

(d) fire raising;

(e) assault;

(f) reckless conduct causing actual injury;

(g) abduction; and

(h) any offence which consists of a contravention of any of the following statutory provisions-

(i) sections 2 (causing explosion likely to endanger life) or 3 (attempting to cause such an explosion) of the Explosive Substances Act 1883;

(ii) section 12 of the Children and Young Persons (Scotland) Act 1937 (cruelty to children);

(iii) sections 16 (possession of firearm with intent to endanger life or cause serious injury), 17 (use of firearm to resist arrest) or 18 (having a firearm for purpose of committing an offence listed in Schedule 2) of the Firearms Act 1968;

(iv) section 6 of the Child Abduction Act 1984 (taking or sending child out of the United Kingdom)

Page updated: Monday, September 22, 2008