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Sexual Offences (Scotland) Act 2009
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Penalties
48Penalties
(1)A person guilty of an offence mentioned in the first column of schedule 2 is liable—
(a)on summary conviction, to the penalty mentioned in the third column,
(b)on conviction on indictment, to the penalty mentioned in the fourth column.
(2)Where an individual 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 penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available.
(3)Where—
(a)a body corporate,
(b)a Scottish partnership, or
(c)an unincorporated association other than a Scottish partnership,
is convicted on indictment of an offence specified in subsection (2), a penalty of a fine alone may be imposed.
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