Part I

SEXUAL OFFENCES

Incest and related offences

Proceedings and penalties for offences under sections 1 and 2.
4
1
Proceedings in respect of an offence under section 1 or 2 of this Act may be brought on indictment or, if the Lord Advocate so directs, on a summary complaint before the sheriff.
2
Summary proceedings in pursuance of this section may be commenced at any time within the period of 6 months from the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge.
3
Subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of summary proceedings) shall have effect for the purposes of subsection (2) above as it has effect for the purposes of that section.
4
For the purposes of subsection (2) above, a certificate of the Lord Advocate as to the date on which the evidence in question came to his knowledge is conclusive evidence of the date on which it did so.
5
Subject to subsection (6) below, a person guilty of an offence under section 1 or 2 of this Act shall be liable—
a
on conviction on indictment, to imprisonment for any term of imprisonment up to and including life imprisonment; and
b
on summary conviction, to imprisonment for a term not exceeding 3 months.
6
Before passing sentence on a person convicted of any such offence, the court shall—
a
obtain information about that person’s circumstances from an officer of a local authority or otherwise and consider that information; and
b
take into account any information before it which is relevant to his character and to his physical and mental condition.
7
In subsection (6) above, “local authority” has the meaning assigned to it by section 1(2) of the Social Work (Scotland) Act 1968.
S. 4: words in section title substituted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), sch. 5 para. 1(3); S.S.I. 2010/357, art. 2(a)
Words in s. 4(1)(5) substituted (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), ss. 61(1), 62(2), sch. 5 para. 1(2); S.S.I. 2010/357, art. 2(a)
S. 4(2)-(4) applied (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 319, 333; S.S.I. 2005/161, art. 3 (as amended by S.S.I. 2005/375, art. 2)
1995 c.46.
1968 c.49.