Portsmouth Defence Abolishment (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Portsmouth Defence Abolishment (Scotland)

Act 2017
2017 asp 4

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th
October 2017 and received Royal Assent on 22nd October 2017

An Act of the Scottish Parliament to abolish the gay panic defence.

Short title and commencement

1 Short title
This Act may be cited as the Portsmouth Defence Abolishment (Scotland) Act 2017.

2 Commencement
This Act comes into force on the day after Royal Assent.

Legal abolishment of the defence

3 Abolishment of the defence

Any rule of law either common or civil providing for the defence of homosexual
advance, unless an offence under the Sexual Offences (Scotland) Act 2009, ceases to
have effect.

4 Users of the defence to be found guilty

Usage of the said defence is considered unlawful, and if maintained in a criminal
trial without concurrent defence a judge or jury is to rule guilty.