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

Notice of restriction on conduct of defence: first calling in summary prosecution S

9 In section 144 (procedure at first summary diet), after subsection (3) there is inserted—

“(3A) Where an accused charged with a sexual offence to which section 288C of this Act applies is present, whether or not with a solicitor, at a calling of the case in a summary prosecution, he shall be told—

(a) that if he is tried for the offence, his defence at his trial 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.

(3B) A failure to comply with subsection (3A) above does not affect the validity or lawfulness of anything done at the calling of the case or any other element of the proceedings against the accused.”.