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Sexual Offences (Procedure and Evidence) (Scotland) Act 2002
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Notice of restriction on conduct of defence: judicial examination
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3In section 35 (judicial examination of accused), after subsection (4) there is inserted—
“(4A)An accused charged with a sexual offence to which section 288C of this Act applies shall, as soon as he is brought before the sheriff for examination on the charge, be told—
(a)that, if he is tried for the offence, his defence may be conducted only by a lawyer;
(b)that it is, therefore, in his interests, if he has not already done so, to get the professional assistance of a solicitor; and
(c)that, if he does not engage a solicitor for the purposes of his defence at the trial, the court will do so.
(4B)A failure to comply with subsection (4A) above does not affect the validity or lawfulness of the examination or of any other element of the proceedings against the accused.”.
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