A major consolidation exercise of Scottish criminal law and procedure was carried out in 1995. The then existing law was consolidated by the combined effect of the Criminal Procedure (Scotland) Act 1995, the Criminal Law (Consolidation) (Scotland) Act 1995, the Criminal Procedure (Consequential Provisions)(Scotland) Act 1995, and the Proceeds of Crime (Scotland) Act 1995.
The Criminal Law (Consolidation) (Scotland) Act 1995 consolidated certain enactments creating offences and relating to the criminal law in Scotland. In essence, this was a tidying up exercise, which made no changes to existing law and covered a wide range of subject matters.
This consolidation exercise included consolidation of the False Oaths (Scotland) Act 1933. Consequential provisions required as a result of this exercise were provided for in the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995. It has emerged that a minor error occurred during this consolidation exercise. Schedule 5 to the Criminal Procedure (Consequential Provisions) (Scotland) Act, containing the list of repeals, should have included a reference to the False Oaths (Scotland) Act 1933. This was however omitted, and the 1933 Act remains in force alongside its intended replacement. We therefore propose to repeal the 1933 Act in full. Appropriate consequential amendments will also be made where reference is made to the 1933 Act in other pieces of legislation.
Section 16 of the Criminal Law (Consolidation) (Scotland) Act 1995 allows any parent, relative, guardian or person acting in the best interests of a woman or girl to ask for a warrant to be issued. This warrant will authorise a named constable to enter a specified place and search for that woman or girl where they believe she is unlawfully being held for immoral purposes. If the woman or girl is found she will be delivered to her parents or guardians. There is also a right afforded to the person requesting the warrant to accompany the constable when the warrant is executed. The wording of the provision has remained almost unchanged since its original enactment in 1885.
This provision is no longer of any practical value. The police already have the power to request warrants for circumstances such as this and we therefore intend to repeal section 16 of the 1995 Act.
Sections 27 to 30 of the Criminal Law (Consolidation) (Scotland) Act 1995 provide the Lord Advocate with special investigatory powers to deal with serious or complex fraud. They re-enact sections 51 to 54 of the Criminal Justice (Scotland) Act 1987, as amended by the Criminal Justice and Public Order Act 1994.
Schedule 5 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 lists the provisions which were repealed as part of the consolidation exercise. The omission of sections 51 to 54 of the 1987 Act from the Schedule is an error and we intend to correct this now by repealing sections 51 to 54 and any amending enactments.