Criminal Law Citation, commencement and interpretation 1 1 This Order may be cited as the Retention of Samples etc. (Children’s Hearings) (Scotland) Order 2011 and comes into force on 15th April 2011. 2 In this Order— a “the 1982 Act ” means the Civic Government (Scotland) Act 1982 ; b “the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995; c “the 2009 Act ” means the Sexual Offences (Scotland) Act 2009 ; d “the CLCS Act ” means the Criminal Law (Consolidation) (Scotland) Act 1995 ; e “relevant offence” has the meaning given by section 18E(6) of the 1995 Act; and f “relevant sexual offence” and “relevant violent offence” have the meanings given by section 18E(11) of the 1995 Act . Relevant sexual offence 2 For the purposes of section 18E of the 1995 Act, the following relevant sexual offences are relevant offences:— a rape at common law; b clandestine injury to women; c abduction of a woman with intent to rape; d assault with intent to rape or ravish; e indecent assault; f lewd, indecent or libidinous behaviour or practices; g public indecency, if it is apparent from the ground of referral relating to the offence that there was a sexual aspect to the behaviour of the child; h sodomy; i any offence which consists of a contravention of any of the following statutory provisions:— i section 52 of the 1982 Act (taking and distribution of indecent images of children); ii section 52A of the 1982 Act (possession of indecent images of children); iii section 1 of the CLCS Act (incest); iv section 2 of the CLCS Act (intercourse with step child); v section 8 of the CLCS Act (abduction and unlawful detention of women and girls); vi section 1 of the 2009 Act (rape); vii section 2 of the 2009 Act (sexual assault by penetration); viii section 3 of the 2009 Act (sexual assault); ix section 4 of the 2009 Act (sexual coercion); x section 5 of the 2009 Act (coercing a person into being present during a sexual activity); xi section 6 of the 2009 Act (coercing a person into looking at a sexual image); xii section 7(1) of the 2009 Act (communicating indecently); xiii section 7(2) of the 2009 Act (causing a person to see or hear an indecent communication); xiv section 8 of the 2009 Act (sexual exposure); xv section 9 of the 2009 Act (voyeurism); xvi section 18 of the 2009 Act (rape of a young child); xvii section 19 of the 2009 Act (sexual assault on a young child by penetration); xviii section 20 of the 2009 Act (sexual assault on a young child); xix section 21 of the 2009 Act (causing a young child to participate in a sexual activity); xx section 22 of the 2009 Act (causing a young child to be present during a sexual activity); xxi section 23 of the 2009 Act (causing a young child to look at a sexual image); xxii section 24(1) of the 2009 Act (communicating indecently with a young child); xxiii section 24(2) of the 2009 Act (causing a young child to see or hear an indecent communication); xxiv section 25 of the 2009 Act (sexual exposure to a young child); xxv section 26 of the 2009 Act (voyeurism towards a young child); and j any attempt, conspiracy or incitement to commit an offence listed in sub-paragraphs (a) to (i). 3 1 For the purposes of section 18E of the 1995 Act, the following relevant violent offences are relevant offences:— a murder or culpable homicide; b uttering a threat to the life of another person; c perverting the course of justice in connection with an offence of murder; d fire raising; e serious assault; f abduction; g any offence which consists of a contravention of any of the following statutory provisions:— i sections 2 (causing explosion likely to endanger life) or 3 (attempting to cause such an explosion) of the Explosive Substances Act 1883 ; ii sections 16 (possession of a firearm with intent to endanger life or cause serious injury), 17 (use of firearm to resist arrest) or 18 (having a firearm for purpose of committing an offence listed in Schedule 2) of the Firearms Act 1968 ; and h any attempt, conspiracy or incitement to commit any offence listed in sub-paragraphs (a) to (g). 2 For the purpose of paragraph (1)(e) “serious assault” means an assault listed in a ground of referral to a children’s hearing as an— i assault to severe injury; ii assault to severe injury and permanent disfigurement; iii assault to severe injury and permanent impairment; or iv assault to severe injury, permanent disfigurement and permanent impairment. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 8th March 2011