Criminal Justice Directorate Scottish Executive Justice Department Circular JD15/2007 Distribution as Annex A | St Andrew's House Regent Road Edinburgh EH1 3DG Telephone: 0131-244 2872 Fax: 0131-244 2623 http://www.scotland.gov.uk 27 September 2007 |
Dear Sir/Madam
The Custodial Sentences and Weapons ( Scotland ) Act 2007 (Commencement No. 1) Order 2007
I am writing to draw your attention to certain provisions of this Act which will be commenced (i.e. come into force) on 1 October 2007 and 1 November 2007. The Act itself may be accessed at http://www.opsi.gov.uk/legislation/scotland/act2007/2007017.htm
A copy of the Commencement Order can be accessed at www.opsi.gov.uk/legislation/scotland/ssi20070431.htm
The following provision will come into force on 1 October 2007:
Section 62 (Sale of Crossbows)
The following provisions will come into force on 1 November 2007:
Section 58 but only for the purpose of enabling the Scottish Ministers to make orders under sections 27A(7) and (8), 27C(1)(a), 27K(7) and 27R of the Civic Government (Scotland) Act 1982 (c.45) and only for the purpose to enable the High Court to make an Act of Adjournal to be made under section 27K(4) of that Act
Sections 60 (Sale of Weapons)
Section 61 (Swords)
Section 63 (Possession of Weapons in Prisons)
Section 66(2) and schedule 5, in so far as is necessary to bring into force the repeal of section 141(3) of the Criminal Justice Act 1988
The key effects of this commencement can be summarised as:
a) raising the age at which crossbows can be purchased from 17 to 18.
b) Bringing into force the offence of possessing a knife or offensive weapon in prison.
c) enabling Ministers to make orders introducing a licensing scheme for knife and sword dealers.
The commencement of section 62 amends the Crossbows Act 1987 and will raise the age at which crossbows can be purchased to 18. This brings it into line with other age restricted products such as non-domestic knives, fireworks and alcohol.
The commencement of section 63 makes possession of a knife in a prison or secure accommodation an offence. This puts prisons on the same footing as schools and public places, where it is already a specific offence to carry such weapons.
The commencement of sections 58, 60, 61, grant Ministers order making powers to take forward some of the other provisions of the Act.
Section 66(2) of the 2007 Act introduces schedule 5 which makes provision for repeals.
Should you have any queries in relation to any of the above, please feel free to make contact through the details provided on page 1 of this circular.
Criminal Law and Licensing
Annex A:
Lord Justice General
Lord Justice Clerk
Sheriffs Principal
Sheriffs Association
Scottish Courts Service
Sheriff Clerks
District Courts Association
District Court Clerks
Chief Executive of CoSLA
Chief Trading Standards Officers
Chief Constables
SPS