Search Legislation

Criminal Procedure (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes over time for: Cross Heading: Trials for sexual offences

 Help about opening options

Version Superseded: 25/11/2003

Status:

Point in time view as at 01/11/2002.

Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Cross Heading: Trials for sexual offences is up to date with all changes known to be in force on or before 15 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

[F1Trials for sexual offencesS

Textual Amendments

288C Prohibition of personal conduct of defence in cases of certain sexual offencesS

(1)An accused charged with a sexual offence to which this section applies is prohibited from conducting his defence in person at the trial.

(2)This section applies to the following sexual offences—

(a)rape;

(b)sodomy;

(c)clandestine injury to women;

(d)abduction of a woman or girl with intent to rape;

(e)assault with intent to rape;

(f)indecent assault;

(g)indecent behaviour (including any lewd, indecent or libidinous practice or behaviour);

(h)an offence under section 106(1)(a) or 107 of the Mental Health (Scotland) Act 1984 (c.36)(unlawful sexual intercourse with mentally handicapped female or with patient);

(i)an offence under any of the following provisions of the Criminal Law (Consolidation)(Scotland) Act 1995 (c.39)—

(i)sections 1 to 3 (incest and related offences);

(ii)section 5 (unlawful sexual intercourse with girl under 13 or 16);

(iii)section 6 (indecent behaviour toward girl between 12 and 16);

(iv)section 7(2) and (3)(procuring by threats etc.);

(v)section 8 (abduction and unlawful detention);

(vi)section 10 (seduction, prostitution, etc. of girl under 16);

(vii)section 13(5)(b) or (c)(homosexual offences);

(j)attempting to commit any of the offences set out in paragraphs (a) to (i) above.

(3)This section applies also to an offence in respect of which a court having jurisdiction to try that offence has made an order under subsection (4) below.

(4)Where, in the case of any offence, other than one set out in subsection (2) above, that court is satisfied that there appears to be such a substantial sexual element in the alleged commission of the offence that it ought to be treated, for the purposes of this section, in the same way as an offence set out in that subsection, the court shall, either on the application of the prosecutor or ex proprio motu, make an order under this subsection.

(5)The making of such an order does not affect the validity of anything which—

(a)was done in relation to the alleged offence to which the order relates; and

(b)was done before the order was made.

(6)The Scottish Ministers may by order made by statutory instrument vary the sexual offences to which this section applies by virtue of subsection (2) above by modifying that subsection.

(7)No such statutory instrument shall be made, however, unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.

[F2288D Appointment of solicitor by court in such cases]S

(1)This section applies in the case of proceedings in respect of a sexual offence to which section 288C above applies.

(2)Where the court ascertains that—

(a)the accused has not engaged a solicitor for the purposes of his defence at the trial; or

(b)having engaged a solicitor for those purposes, the accused has dismissed him; or

(c)the accused’s solicitor has withdrawn,

then, where the court is not satisfied that the accused intends to engage a solicitor or, as the case may be, another solicitor for those purposes, it shall, at its own hand, appoint a solicitor for those purposes.

(3)A solicitor so appointed is not susceptible to dismissal by the accused or obliged to comply with any instruction by the accused to dismiss counsel.

(4)Subject to subsection (3) above, it is the duty of a solicitor so appointed—

(a)to ascertain and act upon the instructions of the accused; and

(b)where the accused gives no instructions or inadequate or perverse instructions, to act in the best interests of the accused.

(5)In all other respects, a solicitor so appointed has, and may be made subject to, the same obligations and has, and may be given, the same authority as if engaged by the accused; and any employment of and instructions given to counsel by the solicitor shall proceed and be treated accordingly.

(6)Where the court is satisfied that a solicitor so appointed is no longer able to act upon the instructions, or in the best interests, of the accused, the court may relieve that solicitor of his appointment and appoint another solicitor for the purposes of the accused’s defence at the trial.

(7)The references in subsections (3) to (6) above to “a solicitor so appointed” include references to a solicitor appointed under subsection (6) above.

(8)In this section “counsel” includes a solicitor who has right of audience in the High Court of Justiciary under section 25A (rights of audience in various courts including the High Court of Justiciary) of the Solicitors (Scotland) Act 1980 (c.46).]

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

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
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.