'Homosexual crimes' in Scotland

Graeme MacLean made this Freedom of Information request to Lothian and Borders Police

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Graeme MacLean

Dear Lothian & Borders Police.

I hear by make a request under the Freedom Of Information
(Scotland) Act 2002 of your sovereign lady Her Majesty Queen
Elizabeth II.

Please could the force supply unto me:

A) What 'Homosexual acts' are deemed crimes in Scotland.

B) The relevant legislation that states the crimes that may be supplied are illegal.

Thank you,


Lothian and Borders Police

1 Attachment

Dear Mr MacLean

Thank you for your email, which has been dealt with under the remit of the Freedom of Information Act (Scotland) Act 2002.

On 01 December 2010 The Sexual Offences (Scotland) Act 2009 came into force. This came about as a result of widespread media and academic criticism of the current law in Scotland surrounding rape and other sexual offences, particularly the gender specific nature of the common law offence of rape. This also meant that the Criminal Law (Consolidation) (Scotland) Act 1995 Homosexual Act Offences was repealed.

The Bill was introduced to the Scottish Parliament on 17 June 2008, incorporating the majority of recommendations, which had been made by the Scottish Law Commission.

The new legislation modernises Scottish justice, by bringing together a complex batch of common law and statutory offences into one statutory framework to help combat sexual offences that take place in today's society.

Whilst the Act provides for the abolition of certain common law crimes, these crimes are still libeled in historic cases. I have attached a list of the new Sexual Offences (Scotland) Act 2009.

If you have any questions about the above or I can help in any other way, please do not hesitate to get in touch with me again. However, under the Freedom of Information (Scotland) Act 2002, you have the right to appeal if you are dissatisfied with the way in which we have dealt with your enquiry. This should be done within 40 working days of receiving this email. If you wish to appeal please contact Rachel Watson, Head of Force Information Unit, Lothian and Borders Police, Police Headquarters, Fettes Avenue, Edinburgh, EH4 1RB. Please note that subsequent to this internal review there is a right of appeal to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Yours sincerely
Louise Gollan
Force Information Unit

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