[F117A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrestS
(1)An accused arrested on a charge of committing a sexual offence to which section 288C of this Act applies by virtue of subsection (2) of that section shall be entitled to be told, immediately upon his arrest—
[F2(a)that his case at, or for the purposes of, any relevant hearing (within the meaning of section 288C(1A)) in the course of the proceedings may be conducted only by a lawyer,]
(b)that it is, therefore, in his interests to get the professional assistance of a solicitor; and
(c)that if he does not engage a solicitor for the purposes of [F3the conduct of his case at or for the purposes of the] [F4hearing], the court will do so.
(2)A failure to comply with subsection (1) above does not affect the validity or lawfulness of the arrest of the accused or any other element of any consequent proceedings against him.]
Textual Amendments
F1 S. 17A inserted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9) , s. 3 , Sch. para. 2 ; S.S.I. 2002/443 , art. 3 (with art. 4(3) )
F2 S. 17A(1)(a) substituted for s. 17A(1)(za)(a) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1) , sch. 7 para. 29(a) ; S.S.I. 2011/178 , art. 2 , sch.
F3 Words in s. 17A(1)(c) inserted (4.12.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) , ss. 25 , 27(1) , Sch. para. 3(b) ; S.S.I. 2004/405 , art. 2 , Sch. 1 (subject to arts. 3 , 4 )
F4 Word in s. 17A(1)(c) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) , s. 206(1) , sch. 7 para. 29(b) ; S.S.I. 2011/178 , art. 2 , sch.