Search Legislation

Sexual Offences (Scotland) Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 48

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Sexual Offences (Scotland) Act 2009, Section 48. Help about Changes to Legislation

48PenaltiesS

This section has no associated Explanatory Notes

(1)A person guilty of an offence mentioned in the first column of schedule 2 is liable—

(a)on summary conviction, to the penalty mentioned in the third column,

(b)on conviction on indictment, to the penalty mentioned in the fourth column.

(2)Where an individual is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available.

(3)Where—

(a)a body corporate,

(b)a Scottish partnership, or

(c)an unincorporated association other than a Scottish partnership,

is convicted on indictment of an offence specified in subsection (2), a penalty of a fine alone may be imposed.

Back to top

Options/Help