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Sexual Offences (Scotland) Act 2009
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[F154BOffence committed by virtue of section 54A(1): limitations on prosecutionS
This section has no associated Explanatory Notes
(1)Subject to section 54C, this section applies in relation to a listed offence committed by a person by virtue of section 54A(1).
(2)Prosecution in respect of the listed offence—
(a)is not competent if the person has been, or is being, prosecuted in respect of the act constituting the listed offence, in the country where the act took place, and
(b)is competent only if—
(i)before the prosecution is initiated, the prosecutor has consulted the relevant director of public prosecutions about the prosecution, and
(ii)the person is prosecuted, on the same indictment or complaint, in respect of an act in Scotland constituting a listed offence.
(3)For the purposes of subsection (2)(a), a person is not to be regarded as having been prosecuted in respect of the act constituting the listed offence, in the country where the act took place, if a prosecution in that country was withdrawn in order to enable the prosecution of the person in Scotland.
(4)For the purposes of subsection (2)(b)(i)––
(a)the prosecution is initiated when the indictment or complaint is served,
(b)the relevant director of public prosecutions is—
(i)in the case of an act which took place in England and Wales, the Director of Public Prosecutions (that is, the head of the Crown Prosecution Service),
(ii)in the case of an act which took place in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.
(5)In this section, “listed offence” means an offence listed in Part 2 of schedule 4.]
Textual Amendments
F1Ss. 54A-54C inserted (24.4.2017) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), ss. 8, 45(2)(3) (with s. 44); S.S.I. 2017/93, reg. 2
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