PART XIII

Miscellaneous

Dockets and charges in sex cases

Dockets for charges of sexual offences
288BA
1
An indictment or a complaint may include a docket which specifies any act or omission that is connected with a sexual offence charged in the indictment or complaint.
2
Here, an act or omission is connected with such an offence charged if it—
a
is specifiable by way of reference to a sexual offence, and
b
relates to—
i
the same event as the offence charged, or
ii
a series of events of which that offence is also part.
3
The docket is to be in the form of a note apart from the offence charged.
4
It does not matter whether the act or omission, if it were instead charged as an offence, could not competently be dealt with by the court (including as particularly constituted) in which the indictment or complaint is proceeding.
5
Where under subsection (1) a docket is included in an indictment or a complaint, it is to be presumed that—
a
the accused person has been given fair notice of the prosecutor's intention to lead evidence of the act or omission specified in the docket, and
b
evidence of the act or omission is admissible as relevant.
6
The references in this section to a sexual offence are to—
a
an offence under the Sexual Offences (Scotland) Act 2009,
b
any other offence involving a significant sexual element.
Ss. 288BA-288BC inserted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 63, 206(1); S.S.I. 2010/357, art. 2(b)