Part 6Penalties

Penalties

48Penalties

1

A person guilty of an offence mentioned in the first column of schedule 2 is liable—

a

on summary conviction, to the penalty mentioned in the third column,

b

on conviction on indictment, to the penalty mentioned in the fourth column.

2

Where an individual is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available.

3

Where—

a

a body corporate,

b

a Scottish partnership, or

c

an unincorporated association other than a Scottish partnership,

is convicted on indictment of an offence specified in subsection (2), a penalty of a fine alone may be imposed.