Criminal law
Consultation on the Sexual Offences Act 2003 (Remedial)
(Scotland) Order 2010
This Order makes amendments to Part 2 of the Sexual Offences Act
2003 to provide sex offenders, who are subject to the notification
requirements of that Part for an indefinite period, with a
mechanism for the review of the justification for continuing to
remain subject to those requirements for a further period of
time.
Proposals for strengthening the Proceeds of Crime Act in
Scotland
This consultation document sets out proposals for extending the
list of criminal lifestyle offences in Schedule 4 of the Proceeds
of Crime Act 2002 and reducing the criminal benefit amount from
£5000 to £1000 for the other criminal lifestyle tests set out in
section 142 of the Act.
Guidance about commercial organisations preventing bribery
(section 9 of the Bribery Act 2010)
This consultation seeks views from interested parties on the
guidance to be published under section 9 of the Bribery Act 2010 to
help commercial organisations of all sizes and sectors
understand what procedures they can put in place to prevent bribery
from occurring from within them.
Commissioner for Victims and Witnesses
(Scotland) Bill
The
policy objective of this Member's Bill is to create a
Commissioner for Victims and Witnesses to promote and safeguard the
interests of victims and witnesses in Scotland. The role of the
Commissioner will be to identify gaps in provision, recognise and
promote best practice and thereby strengthen the position of
victims and witnesses across Scotland.
Protection of Workers (Scotland)
Bill
This
Member's Bill would create a new offence of assaulting a worker
whose employment involves dealing with members of the public to any
extent (but only where the worker is physically present in the same
place as members of the public and is either interacting directly
with, or providing a service to, the public). The offence covers
both assaults that take place while workers are acting in the
course of their work and assaults that take place at other times
but which relate to their work.
Scottish Government consultation on double jeopardy
This consultation on possible reforms to the rule against double
jeopardy in Scottish criminal cases follows on from the Scottish
Law Commission's Report on Double Jeopardy, published in
December 2009. A particular focus for the consultation is in
relation to the question of whether there should be an exception to
the rule against double jeopardy in cases where important new
evidence has emerged following the original trial.
HM Treasury consultation on the draft Terrorist Asset-Freezing
Bill
This consultation document sets out the Government's approach to
terrorist asset freezing and its proposals for more permanent
terrorist asset freezing legislation. This consultation is aimed
primarily at financial institutions and other businesses affected
by asset freezing legislation.
Criminal Justice and Licensing (Scotland) Bill
The Society's Criminal Law Committee submitted written evidence on the Criminal Justice and
Licensing (Scotland) Bill in May 2009, soon after it was introduced
into the Scottish Parliament. The parliament's Justice
Committee has since asked for further evidence on
the Bill, particularly in relation to the new proposed offences of
stalking and threatening behaviour. The Society has provided
written evidence stating it may be more difficult to prosecute
under these new laws as intent will need to be proven, unlike the
current offences of breach of the peace.
EU Commission green paper on obtaining evidence in criminal
matters from one member state to another and securing its
admissibility
One of the objectives of the European Union is to maintain and
develop an area of freedom, security and justice, notably by
facilitating and accelerating judicial cooperation in criminal
matters between member states. In this regard, it is particularly
important to foster effective cooperation on obtaining evidence in
criminal matters. This green paper seeks views on how to promote
closer cooperation in this field, as it would be key to the
effectiveness of criminal investigations and proceedings in the
EU.
Knowing or reckless misuse of personal data - introducing
custodial sentences
This is a Ministry of Justice consultation on exercising
the power to provide for custodial sanctions for those found guilty
of knowingly or recklessly obtaining, disclosing, selling or
procuring the disclosure of personal data without the consent of
the data controller.