The Act The Act is in 12 parts.
Part 1 (Protection of the public at large) deals with the assessment, treatment and sentencing of serious violent and sexual offenders.  The Criminal Procedure (Scotland) Act 1995 will be amended to introduce a new life sentence of an order for lifelong restriction (OLR), to prescribe the procedure for assessing whether an offender meets the criteria for the new disposal and to make the interim hospital order available as a disposal in cases of insanity.  This Part also provides for the establishment of a new public body to be known as the Risk Management Authority (RMA) and sets out the functions of the RMA as respects risk assessment and the minimisation of risk.  The Risk Management Authority will have specific functions in relation to offenders for whom risk management plans are to be prepared.
Part 2 (Victims’ rights) implements aspects of the Scottish Strategy for Victims, which was published by the Scottish Executive in January 2001.  It establishes the following rights for victims of certain crimes:
	the right to make and submit a written 'victim statement' to the Court;
	the right to receive information about the release or escape of an offender, and to receive information from and make representations to the Parole Board for Scotland.
Part 2 also contains provisions empowering the police to pass on information about victims of crime to prescribed bodies who can provide counselling and support.
Part 3 (Sexual offences etc.) amends the law in relation to serious and sexual offences by:
	increasing the terms of imprisonment for possession and distribution of indecent photographs of children;
	bringing certain sexual offence provisions into line with the requirements of the European Convention on Human Rights;
	enabling certain sexual offences committed abroad to be tried in sheriff courts rather than only in the High Court;
	repealing a provision in the Crime and Punishment (Scotland) Act 1997 which is no longer required;
	widening the scope of the extended sentence available presently for sexual and violent offenders to offenders convicted of abduction;
	introducing new offences for those trafficking in human beings for the purposes of prostitution.
In addition, Part 3 implements certain of the recommendations of the Expert Panel on Sex Offending relating to reports for the courts. The panel was established in 1998 to advise the Scottish Ministers on relevant issues related to sex offenders and reported in 2001 in “Reducing the Risk: Improving the response to sex offending” (http://www.scotland.gov.uk/library5/justice/aecr-00.asp).
Part 4 (Prisoners etc.) deals with the custody and detention of prisoners, their release and monitoring of their movements while on release. It makes changes to the law in the areas dealing with remanding certain young people in custody and with taking prisoners from prison to another place (such as a police station) at the police’s request; and will enable a prisoner arrested in Scotland who is unlawfully at large from another UK jurisdiction to be detained temporarily in a Scottish prison or young offenders institution pending their transfer back to the relevant jurisdiction.
In relation to the law covering the release of prisoners, this Part makes changes to the Prisoners and Criminal Proceedings (Scotland) Act 1993 to:
	extend the Parole Board’s existing power to require the Scottish Ministers to release on licence certain classes of prisoner to all classes of prisoners; and
	provide that a determinate sentence may be served consecutively to the punishment part of a life sentence and vice versa.
This Part will also enable the Scottish Ministers to set a condition on an offender’s licence for the electronic monitoring of that offender when released from custody.
Part 5 (Drugs courts) empowers drug courts to impose interim sanctions such as short periods of custody or short periods of community service for non-compliance with a probation order or drug treatment and testing order whilst allowing the original order to continue.
Part 6 (Non-custodial punishments) makes changes to the law in relation to:
	restriction of liberty orders – by amending the Criminal Procedure (Scotland) Act 1995 to enable the transfer of these orders between courts and to make them a direct alternative to custody;
	anti-social behaviour orders – by amending the Crime and Disorder Act 1998 to provide for interim anti social behaviour orders and extending the power to apply for ASBOs to registered social landlords;
	drug treatment and testing orders and probation orders – by amending the Criminal Procedure (Scotland) Act 1995 to enable the courts to impose a condition of remote monitoring;
	non-harassment orders – by amending the Criminal Procedure (Scotland) Act 1995 to provide for a specific power of arrest for the breach of a non-harassment order;
	supervised attendance orders – by amending the Criminal Procedure (Scotland) Act 1995 to make changes to the penalties for breaching a supervised attendance order and to give the courts the power to impose a supervised attendance order as a first instance disposal for adult offenders;
	clarifying the law in relation to remand and bail for breach of non-custodial disposals.
Part 7 (Children) clarifies the law in relation to the physical punishment of children under 16. Punishment involving a blow to the head or shaking or the use of an implement are prohibited. This Part also prohibits the publication of material intended or likely to identify children in any way concerned in children’s hearings and connected proceedings. Further, it enables the Scottish Ministers to inform victims (and parents and relevant persons where victims are children) about key stages of the children’s hearings process where offence cases affect them. The Scottish Ministers will be enabled to identify by order certain other persons to whom information may be given, for example third parties concerned in processing compensation claims or providing information, advice and counselling services to victims.
Part 8 (Evidential, jurisdictional and procedural matters) amends the Criminal Procedure (Scotland) Act 1995 to:
	allow challenges to certain evidence relating to fingerprints and similar data where this is contained in certificate form;
	allow DNA samples to be taken by swabbing by a constable without authorisation from a senior officer;
	allow the police to retain DNA and fingerprints given voluntarily and with the consent of the person giving the sample ;
	permit the transfer of court cases across a sheriffdom boundary;
	empower a sheriff, magistrate or justice to sign, outwith the jurisdiction in which they operate, a warrant or other legal document relating to procedure within that jurisdiction;
	allow sheriff clerks to sign and issue citations for ancillary hearings associated with breach and review hearings for community disposals, restriction of liberty orders and drug treatment and testing orders;
	allow notice of a citation to be left at the home of the accused informing him or her where the indictment (or complaint) can be collected;
	ensure that it is competent for a court to continue a case to a future diet in circumstances where there is no evidence that service of the complaint on the accused has been effected;
	ensure that a review of a drug treatment and testing order can take place without the attendance of the Procurator Fiscal;
	enable previous convictions form other member States of the European Union to be recognised by the Scottish courts;
	give the prosecutor a right to be heard when a convicted person in solemn proceedings seeks bail and a right to appeal against the grant of bail to a convicted person in such proceedings;
	changes the maximum period for which a court can adjourn a case following conviction pending sentence to 4 weeks or on cause shown 8 weeks in all cases.
Part 9 (Bribery and corruption) changes the law on corruption as it relates to the international aspects of corruption.  This is  to ensure that the law complies with international obligations entered into by the UK Government.
Part 10 (Criminal records) extends the provisions of Part V of the Police Act 1997 to give the Scottish Ministers powers to:
	check that persons applying to become registered persons and those already registered to countersign applications for criminal record and enhanced criminal record certificates are suitable persons to receive criminal record information;
	refuse to register or to cancel the registration of an unsuitable person;
	notify registered persons where a new conviction against an individual is recorded subsequent to the issue of a criminal record or an enhanced criminal record certificate.
It also—
	adds to the range of persons qualifying for the enhanced criminal record certificate;
	extends the scope of the code of practice with which registered persons must comply;
	makes failure to comply with the code of practice a ground for de-registration;
	extends the scope of the regulations dealing with the maintenance of the list of registered persons.
Part 11 (Local authority functions) extends the funding powers for criminal justice social work to include arrest referral schemes and deferred sentences, and allows funding to be paid to groupings of local authorities.
Part 12 (Miscellaneous and general) deals with:
	the introduction of police custody and security officers;
	the increase of penalties for wildlife crime, and related changes to Part I of the Wildlife and Countryside Act 1981 which enhance police powers for certain wildlife crimes;
	the disqualification from jury service of offenders who are serving community penalties;
	the removal of the mandatory requirement that juries must be secluded for a continuous period whilst they are considering their verdict;
	the introduction of live TV links between courts and prisons or other places of detention;
	offences aggravated by religious prejudice;
	allowing search warrants issued in Northern Ireland in relation to premises in Scotland to be enforced on endorsement by a sheriff or JP in the jurisdiction in which the premises can be found;
	enabling electronic communication and storage for search warrants;
	local strategies to deal with anti-social behaviour.
This Part also deals with general matters relating to the Act such as transitional provisions, minor and consequential amendments, repeals, interpretation, order making powers, title and commencement.