Column 1 (provisions of the Act) Column 2 (subject matter) Column 3 (date of commencement) Column 4…

Q: Is SCHEDULE of The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011 a strict liability offence?

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

SCHEDULE of The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011

Status not determined
Strict liability
Food, consumer protection, trading standards, product safety and age-restricted sales

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Column 1 (provisions of the Act) Column 2 (subject matter) Column 3 (date of commencement) Column 4 (purpose) Section
15 Non-harassment orders 28th March 2011 For all purposes where the misconduct complained of occurred on or after the date specified in column
3 Section
19 Early removal of certain short-term prisoners from the United Kingdom 28th March 2011 Section
22 Pre-sentencing reports about organisations 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section 24(1), (2) and (3) Effect of probation and absolute discharge 28th March 2011 Section 24(4) and (5) Effect of probation and absolute discharge 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section
27 Mutual recognition of judgments and probation decisions 28th March 2011 Section
32 Genocide, crimes against humanity and war crimes: UK residents 28th March 2011 Section
33 Genocide, crimes against humanity and war crimes: retrospective application 28th March 2011 Section 35(1) (but only in relation to subsections (2) and (3)) and (2) and (3) Sale and hire of crossbows to persons under 18 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section 35(1) (but only in relation to subsection (4)) and (4) Sale and hire of crossbows to persons under 18 28th March 2011 Section 36(1) (but only in relation to subsections (2) and (3)) and (2) and (3) Sale and hire of knives and certain other articles to persons under 18 28th March 2011 Section 36(1) (but only in relation to subsection (4)) and (4) Sale and hire of knives and certain other articles to persons under 18 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section 42(1) Extreme pornography 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section42(2) and (3) Extreme pornography 28th March 2011 Section
46 People trafficking 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section
47 Slavery, servitude and forced or compulsory labour 28th March 2011 Section
48 Alternative charges for fraud and embezzlement 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section
49 Articles for use in fraud 28th March 2011 Section
50 Conspiracy to commit offences outwith Scotland 28th March 2011 For all purposes in respect of acts done by
a person in Scotland on or after the date specified in column3 which would amount to conspiracy to commit an offence Section
51 Abolition of offences of sedition and leasing-making 28th March 2011 Section
52 Prosecution of children 28th March 2011 Section
53 Offences: liability of partners 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section
54 Witness statements 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section
55 Breach of undertaking 28th March 2011 For all purposes in respect of any breach of undertaking committed on or after the date specified in column
3 Section
57 Bail review applications 28th March 2011 For all purposes in respect of any applications under section 30(2) of the 1995 Act received on or after the date specified in column
3 Section
58 Bail condition for identification procedures etc. 28th March 2011 For all purposes where the court grants bail to
a person on or after the date specified in column3 Section
61 Transfer of justice of the peace court cases 28th March 2011 Section
62 Additional charge where bail etc. breached 28th March 2011 For all purposes in respect of any breach of bail committed on or after the date specified in column
3 Section
65 Meaning of “organisation” 28th March 2011 For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced— in summary proceedings, on the date of the first calling of the case; and in solemn cases, on the date on whichever of the following first occurs:— the grant of
a warrant to arrest and commit; the intimation of
a petition; or the service of an indictment Section
66 Proceedings on indictment against organisations 28th March 2011 For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced— in summary proceedings, on the date of the first calling of the case; and in solemn cases, on the date on whichever of the following first occurs:— the grant of
a warrant to arrest and commit; the intimation of
a petition; or the service of an indictment Section
67 Prosecution of organisations by summary procedure 28th March 2011 For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced— in summary proceedings, on the date of the first calling of the case; and in solemn cases, on the date on whichever of the following first occurs:— the grant of
a warrant to arrest and commit; the intimation of
a petition; or the service of an indictment Section
68 Manner of citation of organisations in summary proceedings 28th March 2011 For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced— in summary proceedings, on the date of the first calling of the case; and in solemn cases, on the date on whichever of the following first occurs:— the grant of
a warrant to arrest and commit; the intimation of
a petition; or the service of an indictment Section
69 Prohibition of personal conduct of case by accused in certain proceedings 28th March 2011 For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when
a report of the case has been received by the procurator fiscal Section
70 Disclosure of convictions and non-court disposals 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section
72 Time limits for lodging certain appeals 28th March 2011 Section
73 Submissions as to sufficiency of evidence 28th March 2011 For all purposes in respect of any trial which commences on or after the date specified in column 3, with
a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn Section
74 Prosecutor’s right of appeal 28th March 2011 For all purposes in respect of any trial which commences on or after the date specified in column 3, with
a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn Section
75 Power of High Court in appeal under section 107A of 1995 Act 28th March 2011 Section
76 Further amendment of 1995 Act 28th March 2011 For all purposes in respect of any trial which commences on or after the date specified in column 3, with
a trial taken to have commenced in solemn proceedings when the oath is administered to the jury and in summary proceedings when the first witness is sworn Section 77(1) Retention of samples etc. 28th March 2011 For the purposes of amending sections 18(3) and 18A of the 1995 Act Section 77(1) (in so far as not already in force) Retention of samples etc. 1st August 2011 Section 77(2)(a) and (3) Retention of samples etc. 28th March 2011 Section 77(2)(b) and (c) Retention of samples etc. 1st August 2011 Section
78 Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted 28th March 2011 Section
79 Retention of samples etc. taken or provided in connection with certain fixed penalty offences 28th March 2011 Section 80 (in so far as not already in force) Retention of samples etc. from children referred to children’s hearings 15th April 2011 Section
81 Extension of section 19A of 1995 Act 28th March 2011 Section
82 Use of samples etc. 1st August 2011 Section
84 Admissibility of prior statements of witnesses: abolition of competence test 28th March 2011 Section
85 Witness statements: use during trial 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section
86 Spouse or civil partner of accused
a compellable witness 28th March 2011 For all proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced— in summary proceedings, on the date of the first calling of the case; and in solemn cases, on the date on whichever of the following first occurs:— the grant of
a warrant to arrest and commit; the intimation of
a petition; or the service of an indictment Section
87 Special measures for child witnesses and other vulnerable witnesses 28th March 2011 For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when
a report of the case has been received by the procurator fiscal Section
88 Child witnesses in proceedings for people trafficking offences 28th March 2011 For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when
a report of the case has been received by the procurator fiscal Section
89 Amendment of Criminal Justice (Scotland) Act 2003 28th March 2011 Section
90 Witness anonymity orders 28th March 2011 Section
91 Television link evidence 28th March 2011 For all purposes in respect of criminal proceedings commenced on or after the date specified in column 3, with proceedings taken to have commenced when
a report of the case has been received by the procurator fiscal Section 102(1) Sex offender notification requirements 28th March 2011 For the purposes of amending sections 86, 87,
96 and 138 of the 2003 Act and commencing the amendments to section
85 of the 2003 Act to enable regulations to be made under section
85 of that Act Section 102(2) Sex offender notification requirements 28th March 2011 Only for the purpose of commencing the amendments to section
85 of the 2003 Act to enable regulations to be made under section
85 of that Act Section 102(3) to (6) Sex offender notification requirements 28th March 2011 Section 106 Grant of authorisations for surveillance 28th March 2011 Section 107 Authorisations to interfere with property etc. 28th March 2011 Section 115 Compensation orders 28th March 2011 For all purposes in respect of offences committed on or after the date specified in column
3 Section 116 Meaning of “information” 6th June 2011 Section 117 Provision of information to prosecutor: solemn cases 6th June 2011 For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column
3 Section 118 Continuing duty to provide information: solemn cases 6th June 2011 For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column
3 Section 119 Provision of information to prosecutor: summary cases 6th June 2011 For all purposes in respect of criminal proceedings in which the recording of
a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column
3 Section 120 Continuing duty of investigating agency: summary cases 6th June 2011 For all purposes in respect of criminal proceedings in which the recording of
a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column
3 Section 121 Prosecutor’s duty to disclose information 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 122 Disclosure of other information: solemn cases 6th June 2011 For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column
3 Section 123(1), (2), (5) and (6) Continuing duty of prosecutor 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 123(3) and (4) Continuing duty of prosecutor 6th June 2011 For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column
3 Section 124 Defence statements: solemn proceedings 6th June 2011 For all purposes in respect of criminal proceedings in which the first appearance of the accused is on or after the date specified in column
3 Section 125 Defence statements: summary proceedings 6th June 2011 For all purposes in respect of criminal proceedings in which the recording of
a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column
3 Section 126 Change in circumstances following lodging of defence statement: summary proceedings 6th June 2011 For all purposes in respect of criminal proceedings in which the recording of
a plea of not guilty against an accused charged on summary complaint is on or after the date specified in column
3 Section 127 Sections 121 to 126: no need to disclose same information more than once 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 128 Application by accused for ruling on disclosure 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 129 Review of ruling under section128 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 130 Appeals against rulings under section 128 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 131 Effect of guilty plea 6th June 2011 For all purposes in respect of criminal proceedings in which— the first appearance of the accused; or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 132 Sections 133 to 140: interpretation 6th June 2011 For all purposes in respect of appellate proceedings arising out of earlier proceedings Section 133 Duty to disclose after conclusion of proceedings at first instance 6th June 2011 For all purposes in respect of appellate proceedings arising out of earlier proceedings Section 134 Continuing duty of prosecutor 6th June 2011 For all purposes in respect of appellate proceedings arising out of earlier proceedings Section 135 Application to prosecutor for further disclosure 6th June 2011 For all purposes in respect of appellate proceedings arising out of earlier proceedings Section 136 Further duty of prosecutor: conviction upheld on appeal 6th June 2011 For all purposes in respect of appellate proceedings, as concluded, which arose in respect of earlier proceedings Section 137 Further duty of prosecutor: convicted persons 6th June 2011 For all purposes in respect of criminal proceedings, as concluded, in which the first appearance of the accused or the recording of
a plea of not guilty against an accused charged on summary complaint, is on or after the date specified in column
3 Section 138 Further duty of prosecutor: appeal against acquittal 6th June 2011 For all purposes in respect of appellate proceedings, in respect of which section 138 makes provision, arising out of proceedings in which the first appearance of the accused is, or the recording of
a plea of not guilty against an accused charged on summary complaint is, on or after the date specified in column
3 Section 139 Application by appellant for ruling on disclosure 6th June 2011 For all purposes in respect of appellate proceedings arising out of earlier proceedings Section 140 Review of ruling under section139 6th June 2011 For all purposes in respect of appellate proceedings arising out of earlier proceedings Section 141 Application for section 145 order 6th June 2011 Section 142 Application for non-notification order or exclusion order 6th June 2011 Section 143 Application for non-notification order and exclusion order 6th June 2011 Section 144 Application for exclusion order 6th June 2011 Section 145 Application for section 145 order: determination 6th June 2011 Section 146 Order preventing or restricting disclosure: application by Secretary of State 6th June 2011 Section 147 Application for ancillary orders: Secretary of State 6th June 2011 Section 148 Application for restricted notification order and non-attendance order 6th June 2011 Section 149 Application for non-attendance order 6th June 2011 Section 150 Special counsel 6th June 2011 Section 151 Persons eligible for appointment as special counsel 6th June 2011 Section 152 Role of special counsel 6th June 2011 Section 153 Appeals 6th June 2011 Section 154 Prohibition on disclosure pending determination of certain appeals 6th June 2011 Section 155 Review of section 145 order 6th June 2011 Section 156 Review of section 146 order 6th June 2011 Section 157 Review by court of section 145 and 146 orders 6th June 2011 Section 158 Applications and reviews: general provisions 6th June 2011 Section 159 Exemptions from disclosure 6th June 2011 Section 160 Means of disclosure 6th June 2011 Section 161 Redaction of non-disclosable information by prosecutor 6th June 2011 Section 162 Confidentiality of disclosed information 6th June 2011 Section 163 Contravention of section 162 6th June 2011 Section 164 Code of practice 6th June 2011 Section 165 Acts of Adjournal 6th June 2011 Section 166 Abolition of common law rules about disclosure 6th June 2011 For all purposes in respect of— criminal proceedings in which— the first appearance of the accused; or
a plea of not guilty is recorded against an accused charged on summary complaint, is on or after the date specified in column3; appellate proceedings arising out of criminal proceedings mentioned in paragraph (a).

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds: a person
Conduct: contravening a requirement of the instrument
Fault element: Strict liability
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach SCHEDULE?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

Doing the thing the provision prohibits under the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011, whatever the reason for doing it.
Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial: Not determined
Maximum fine: Not determined
Maximum prison (summary): Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status: Status not determined
Made: 7 March 2011
In force from: Not determined
Extent: Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

The Criminal Justice and Licensing (Scotland) Act 2010 (“the Act”) received Royal Assent on 6thAugust 2010. Sections201, 202, 204, 205 and 206 of the Act came into force on Royal Assent. This Order brings into force certain other provisions of the Act. The Schedule to this Order specifies the date certain provisions of the Act come into force. Article2 of this Order provides that the provisions contained in column1 of the Schedule come into force on the date specified in column3. Those provisions come into force for all purposes unless otherwise specified in articles3 to 10 or column4 of the Schedule.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis: the provision says a person “commits an offence”
Confidence: 0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 8, Transitional and Savings Provisions) Order 2011 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 2011