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)
Proceedings in respect of an offence under section 1
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.
Subsection (3) of section 136 of the
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.
Subject to subsection (6) below, a person guilty of an offence under section 1
on conviction on indictment, to imprisonment for any term of imprisonment up to and including life imprisonment; and
on summary conviction, to imprisonment for a term not exceeding 3 months.
Before passing sentence on a person convicted of any such offence, the court shall—
obtain information about that person’s circumstances from an officer of a local authority or otherwise and consider that information; and
take into account any information before it which is relevant to his character and to his physical and mental condition.
In subsection (6) above, “