Criminal Procedure (Scotland) Act 1995

[F1 17A Right of person accused of sexual offence to be told about restriction on conduct of defence: arrest S

(1) An accused arrested on a charge of committing a sexual offence to which section 288C of this Act applies by virtue of subsection (2) of that section shall be entitled to be told, immediately upon his arrest—

(a) that, if he is tried for the offence charged, his defence [F2 and any proof ordered as is mentioned in section 288C(1) of this Act] may be conducted only by a lawyer;

(b) that it is, therefore, in his interests 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.

(2) A failure to comply with subsection (1) above does not affect the validity or lawfulness of the arrest of the accused or any other element of any consequent proceedings against him.]

Textual Amendments

F1 S. 17A inserted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9) , s. 3 , Sch. para. 2 ; S.S.I. 2002/443 , art. 3 (with art. 4(3) )

F2 Words in s. 17A(1)(a) added (25.11.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 85, 89, Sch. 4 para. 3(2); S.S.I. 2003/475, art. 2, Sch.