Search Legislation

Sexual Offences (Scotland) Act 2009

Part 6 – Penalties

Section 48 – Penalties

147.Subsection (1) introduces schedule 2, which sets out the maximum penalties which may be imposed for each of the offences created by the Bill. For those offences which may be tried under either summary or solemn procedure the maximum penalties are as specified in the third and fourth column of schedule 2 respectively. Four offences, rape, sexual assault by penetration, rape of a young child and sexual assault on a young child by penetration, may only be tried under solemn procedure.

148.Subsection (2) provides that where a person is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a fine cannot be imposed as a sole penalty.

149.Subsection (3) provides that a fine may be imposed as a sole penalty on a body corporate, a Scottish partnership or an other unincorporated association when convicted of an offence under subsection (2) for which a fine could not otherwise be imposed as a sole penalty.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources