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Sexual Offences (Procedure and Evidence) (Scotland) Act 2002

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This is the original version (as it was originally enacted).

Notice of restriction on conduct of defence: copy complaint

This section has no associated Explanatory Notes

10In section 146 (procedure in summary prosecution following not guilty plea), after subsection (3) there is inserted—

(3A)Where, under subsection (3) above, the prosecutor furnishes an accused charged with a sexual offence to which section 288C of this Act applies with a copy of the complaint, it shall be accompanied by a notice to the accused—

(a)that, if he is tried for the offence, his defence at his trial may be conducted only by a lawyer;

(b)that it is, therefore, in his interests, if he has not already done so, to get the professional assistance of a solicitor; and

(c)that, if he does not engage a solicitor for the purposes of his defence at the trial, the court will do so.

(3B)A failure to comply with subsection (3A) above does not affect the validity or lawfulness of any such copy complaint or any other element of the proceedings against the accused..

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