criminal law legislation

• Corporate Manslaughter and Corporate Homicide Act 2007, s1(1)


  An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised - (a) causes a person's death, and (b) amounts to a gross breach of a relevant duty of care owned by the organisation to the deceased
• Corporate Manslaughter and Corporate Homicide Act 2007, s1(4)


  For the purposes of this Act - .. (b) a breach of a duty of care by an organisation is a gross breach if the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances
• Corporate Manslaughter and Corporate Homicide Act 2007, s1(5)


  The offence under this section is called - .. (b) corporate homicide, in so far as it is an offence under the law of Scotland
• Sexual Offences (Scotland) Act 2009, s1(1)(a)


  If a person ("A), with A's penis -

  without another person ("B") consenting, and (b) without any reasonable belief that B consents, penetrates to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then A commits the offence, to be known as the offence of rape
• Sexual Offences (Scotland) Act 2009, s1(2)


  For the purposes of this section, penetration is a continuing withdrawal act from entry until withdrawal of the penis; but this subsection is subject to subjection (3)
• Sexual Offences (Scotland) Act 2009, s1(3)


  In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subjection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point in time
• Sexual Offences (Scotland) Act 2009, s1(4)


  In this Act - "penis" includes a surgically construed penis if it forms part of A, having been created in the course of surgical treatment, and "vagina" includes - (a) the vulva, and (b) a surgically constructed vagina (together with surgically constructed vulva), if it forms part of B, having been created in the course of such treatment
• Sexual Offences (Scotland) Act 2009, s2(1)


  If a person ("A), with any part of A's body or anything else - (a) without another person ("B") consenting, and (b) without any reasonable belief that B consents, penetrates sexually to any extent, either intending to do so or reckless as to whether there is penetration, the vagina or anus of B then A commits an offence, known to be the offence of sexual assault by penetration
• Sexual Offences (Scotland) Act 2009, s2(2)


  For the purposes of this section, penetration is a continuing act from entry to withdrawal of whatever is intruded; but this subsection is subject to subsection (3)
• Sexual Offences (Scotland) Act 2009, s2(3)


  in a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (2) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time
• Sexual Offences (Scotland) Act 2009, s2(4)


  without prejudice to the generality of subsection (1), the reference in that subsection to penetration with any part of A's body is to be construed as including a reference to penetration with A's penis
• Sexual Offences (Scotland) Act 2009, s3(1)


  If a person ("A") - (a) without another person ("B") consenting, and (b) without any reasonable belief that B consents does any of the things mentioned in subsection (2), then A commits an offence, to be known as the offence of sexual assault
• Sexual Offences (Scotland) Act 2009, s3(2)(a)


  Those things are, that A- penetrates sexually, by any means and to any extent, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B
• Sexual Offences (Scotland) Act 2009, s3(2)(b)

  Those things are that A- intentionally or recklessly touches B sexually
• Sexual Offences (Scotland) Act 2009, s3(2)(c)


  Those things are, that A- engages in any other form of sexual activity in which A, intentionally or recklessly, has physical contact (whether bodily contact or contact by means of an implement and whether or not through clothing) with B
• Sexual Offences (Scotland) Act 2009, s3(2)(d)


  Those things are, that A- intentionally or recklessly ejaculates semen onto B
• Sexual Offences (Scotland) Act 2009, s3(2)(e)


  Those things are, that A- intentionally or recklessly emits urine or saliva onto B sexually
• Sexual Offences (Scotland) Act 2009, s3(3)


  For the purposes of paragraph (a) of subsection (2), penetration is a continuing act from entry until withdrawal of whatever is intruded; but this subsection is subject to subsection (4)
• Sexual Offences (Scotland) Act 2009, s3(4)


  In a case where penetration is initially consented to but at some point of time the consent is withdrawn, subsection (3) is to be construed as if the reference in it to a continuing act from entry were a reference to a continuing act from that point of time
• Sexual Offences (Scotland) Act 2009, s3(5)


  without prejudice to the generality of paragraph (a) of subsection (2), the reference in that subsection to penetration by any means is to be construed as including a reference to penetration with A's penis
• Sexual Offences (Scotland) Act 2009, s12


  In Parts 1 and 3 [of this Act] "consent" means free agreement (and related expressions are to be construed accordingly)
• Sexual Offences (Scotland) Act 2009, s13(1)


  for the purposes of section 12, but without prejudice to the generality of that section, free agreement to conduct is absent in the circumstances set out in subsection (2)