Legislation – Abusive Behaviour and Sexual Harm (Scotland) Act 2016

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Introduction

PART 1
Abusive behaviour

1 Aggravation of offence where abuse of partner or ex-partner

1A Presumption as to the relationship

2 Disclosing, or threatening to disclose, an intimate photograph or film

3 Interpretation of section 2

4 Section 2: special provision in relation to providers of information society services

5 Making of non-harassment orders in criminal cases

PART 2
Sexual harm

CHAPTER 1 Jury directions relating to sexual offences

6 Jury directions relating to sexual offences

CHAPTER 2 Sexual acts outside Scotland

7 Incitement to commit certain sexual acts elsewhere in the United Kingdom

8 Commission of certain sexual offences elsewhere in the United Kingdom

9 Commission of certain sexual offences outside the United Kingdom

CHAPTER 3 Sexual harm prevention orders

10 Meaning of sexual harm

11 Making of order on dealing with person for offence

12 Making of order against qualifying offender on application to sheriff

13 Qualifying offender: conviction in Scotland

14 Qualifying offender: conviction etc. elsewhere in United Kingdom

15 Qualifying offender: conviction etc. outside United Kingdom

16 Content and duration of order

17 Prohibitions on foreign travel

18 Application of notification requirements where order made

19 Cessation of order: relevant sexual offenders

20 Variation, renewal and discharge

21 Interim orders

22 Appeals

23 Requirement for clerk of court to serve order

24 Offence of breaching order

25 Interpretation of Chapter

CHAPTER 4 Sexual risk orders

26 Meaning of harm

27 Making of order

28 Content and duration of order

29 Prohibitions on foreign travel

30 Variation, renewal and discharge

31 Interim orders

32 Appeals

33 Requirement for clerk of court to serve order

34 Offence of breaching order

35 Application of notification requirements on breach of order

36 Interpretation of Chapter

CHAPTER 5 Equivalent orders elsewhere in United Kingdom

37 Breach of orders equivalent to orders in Chapters 3 and 4: offence

38 Breach of certain equivalent orders: application of notification requirements

CHAPTER 6 Previous orders

39 Repeals of provisions as to previous orders

40 Saving and transitional provision

PART 3
General

41 Interpretation

42 Ancillary provision

43 Minor and consequential modifications

44 Crown application

45 Commencement

46 Short title

SCHEDULES

SCHEDULE 1 SECTION 2: SPECIAL PROVISION IN RELATION TO PROVIDERS OF INFORMATION SOCIETY SERVICES

SCHEDULE 2 MINOR AND CONSEQUENTIAL MODIFICATIONS

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PART 3General

44Crown application

(1)

No contravention by the Crown of any provision of, or made under, this Act makes the Crown criminally liable.

(2)

But the Court of Session may, on the application of the Scottish Ministers or any public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission which constitutes such a contravention.

(3)

Despite subsection (1), any provision of, or made under, this Act applies to persons in the public service of the Crown as it applies to other persons.