
1 
This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 10 and Saving Provisions) Order 2012 and comes into force on 25th June 2012.
2 

(1) In this Order “the Act” means the Criminal Justice and Licensing (Scotland) Act 2010.
(2) For the purposes of this Order criminal proceedings are commenced—
(a) in summary proceedings, on the date of the first calling of the case; and
(b) in solemn proceedings, on the date on whichever of the following first occur—
(i) the grant of a warrant to arrest and commit;
(ii) the intimation of a petition; or
(iii) the service of an indictment.
3 
The provisions of the Act specified in column 1 of the Schedule (the subject matter of which is specified in column 2 of the Schedule) come into force on 25th June 2012 and apply to criminal proceedings commenced on or after that date irrespective of the date the offence was committed.
4 

(1) The rules of law referred to in section 171 of the Act continue to have effect in relation to criminal proceedings commenced before 25th June 2012.
(2) The common law of diminished responsibility continues to have effect in relation to criminal proceedings commenced on or after 25th June 2012 where the conduct giving rise to the proceedings took place before that date, the case proceeding as if—
(a) section 168 of the Act (in so far as inserting section 51B of the Criminal Procedure (Scotland) Act 1995; and
(b) section 171 of the Act (in so far as abolishing the plea of diminished responsibility),
had not been commenced.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
21st May 2012
SCHEDULE
Article 3


Column 1(Provisions of the Act) Column 2(Subject matter)
Section 168 Criminal responsibility of persons with mental disorder
Section 169 Acquittal involving mental disorder: procedure
Section 170 Unfitness for trial
Section 171 Abolition of common law rules
In Schedule 7, paragraphs— 
8 Modification of the Rehabilitation of Offenders Act 1974
16 Modifications of the Legal Aid (Scotland) Act 1986
32, 37 to 43, 46, 51, 57, 58 and 62 Modifications of the Criminal Procedure (Scotland) Act 1995
66 Modification of the Crime and Punishment (Scotland) Act 1997
71 Modification of the Criminal Justice (Scotland) Act 2003
73 Modification of the Sexual Offences Act 2003
75 Modifications of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
76 Modifications of the Management of Offenders etc. (Scotland) Act 2005
84 Modification of the Protection of Vulnerable Groups (Scotland) Act 2007
85 Modifications of the Counter-Terrorism Act 2008
87 Modifications of the Coroners and Justice Act 2009