Sexual Offences (Procedure and Evidence) (Scotland) Act 2002

Notice of restriction on conduct of defence: citation and complaint

This section has no associated Explanatory Notes

8In section 140 (citation of accused in summary prosecution), after subsection (2) there is inserted—

(2A)Where the charge in the complaint in respect of which an accused is cited is of committing a sexual offence to which section 288C of this Act applies, the citation shall include or be accompanied by notice to the accused—

(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.

(2B)A failure to comply with subsection (2A) above does not affect the validity or lawfulness of any such citation or any other element of the proceedings against the accused..