Circular JD/4/2010.
8 October 2010
Dear Sir/Madam
SEXUAL OFFENCES (SCOTLAND) ACT 2009: COMMENCEMENT AND GUIDANCE
1. The main provisions of the Sexual Offences (Scotland) Act 2009 will be brought into effect by the Sexual Offences (Scotland) Act 2009 (Commencement No.1 ) and the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 4) Order 2010, which comes into effect on 1 December. Consequential amendments to the Act contained at sections 43, 44 and 63 of the Criminal Justice and Licensing (Scotland) Act 2010 will also come into effect on 1 December 2010.
2. The Act and its accompanying explanatory notes can be accessed at http://www.legislation.gov.uk/asp/2009/9/contents. The Criminal Justice and Licensing (Scotland) Act 2010 and its accompanying explanatory notes can be accessed at http://www.legislation.gov.uk/asp/2010/13/contents/enacted.
3. The document attached provides guidance on the 2009 Act. This Act represents a major overhaul of the legislation concerning sexual offences, replacing the existing mix of common law and statutory provision with a single, modern statutory framework.
4. The guidance explains the purpose of each new offence and provides information about the practical scenarios in which they may apply. The purpose of the guidance is to familiarise relevant bodies with the new legislation. It is non-statutory and should not be regarded as authoritative legal advice. If there is any doubt as to the application or interpretation of the legislation, advice should be sought from a legal adviser. Those agencies that will have to administer the law or deal with those affected by it will provide detailed guidance and training to their staff on the implications of this new legislation where appropriate.
5. None of the offences in the Act apply retrospectively. Offences which were committed prior to commencement of the Act will be prosecuted under the legislation which was in force at the time that the offence was committed.
6. Section 52 and section 53(2)(a)-(d), which provide for the repeal of common law sexual offences, have not been commenced. More information can be found in the attached Guidance.
7. This Guidance is also available on the Scottish Government website at www.scotland.gov.uk/Publications/2010/10/sexualoffencesactguidance
Sexual Offences Law Team
Criminal Law & Licensing Division
Scottish Government