Part 1Criminal proceedings
Prohibition of personal conduct of defence in cases involving vulnerable witnesses
7Special pre-trial procedures for ascertaining in such cases whether accused has engaged a solicitor
I1I21
In section 71 (first diet) of the 1995 Act—
a
in subsection (A1)—
i
after “diet” there is inserted “
in proceedings to which subsection (B1) below applies
”
,
ii
the words from “where” to “applies” are repealed, and
iii
for “he” substitute “
the accused
”
,
b
after that subsection there is inserted—
B1
This subsection applies to proceedings—
a
in which the accused is charged with a sexual offence to which section 288C of this Act applies,
b
to which section 288E of this Act applies, or
c
in which an order under section 288F(2) of this Act has been made before the trial diet.
c
in subsection (5A), for paragraph (a) there is substituted—
a
the proceedings in which the first diet is being held are proceedings to which subsection (B1) above applies;
2
In section 71A (further pre-trial diet in sheriff court solemn proceedings: dismissal or withdrawal of solicitor representing accused in case of sexual offence) of the 1995 Act, in subsection (1)(a), for the words “charged with a sexual offence to which section 288C” there is substituted “
in proceedings to which subsection (B1) of section 71
”
.
I1I23
In section 72A (pre-trial diet in High Court proceedings: inquiry about legal representation of accused in cases of sexual offences) of the 1995 Act—
a
in subsection (1), for the words from the beginning to “Act” there is substituted “
In proceedings to which this section
”
,
b
after that subsection there is inserted—
1A
This section applies to proceedings in the High Court—
a
in which the accused is charged with a sexual offence to which section 288C of this Act applies,
b
to which section 288E of this Act applies, or
c
in which an order under section 288F(2) of this Act has been made before the trial diet.