Part 1: Espionage, sabotage and persons acting for foreign powers Acting for a foreign power as aggravating factor in sentencing Section 21: Aggravating factor where foreign power condition met: Scotland
Section 21 makes corresponding provision to that in Section 19, for sentences to be aggravated where the foreign power condition is met in relation to offences in Scotland (see section 31 for the foreign power condition). Subsection (3) requires a court imposing an aggravated sentence for this reason to state the extent of and reasons for the difference between the sentence it imposed and that it would have imposed had the foreign power condition not been met in relation to the offence. Subsection (4) provides that evidence from a single source is sufficient to prove this aggravating factor – which is different from the usual position under the law in Scotland where corroboration is required.