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Version Superseded: 01/04/1996
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Criminal Procedure (Scotland) Act 1975, Section 346A is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In any trial of a person on any charge to which this section applies, subject to section 346B, the court shall not admit, or allow questioning designed to elicit, evidence which shows or tends to show that the complainer—
(a)is not of good character in relation to sexual matters;
(b)is a prostitute or an associate of prostitutes; or
(c)has at any time engaged with any person in sexual behaviour not forming part of the subject matter of the charge.
(2)This section applies to a charge of committing or, in the case of paragraphs (b) to (g), attempting to commit any of the following offences, that is to say—
(a)attempted rape;
(b)sodomy;
[F2(ba)clandestine injury to women;]
(c)assault with intent to rape;
(d)indecent assault;
(e)indecent behaviour (including any lewd, indecent or libidinous practice or behaviour);
(f)an offence under any of the following provisions of the M1Sexual Offences (Scotland) Act 1976—
(i)section 2 (procuring by threats, etc.);
[F3(ia)section 2A (incest);
(ib)section 2B (unlawful sexual intercourse with stepchild);
(ic)section 2C (unlawful sexual intercourse of person in position of trust with child under 16);]
(ii)section 3(2) (unlawful sexual intercourse with girl under 13);
(iii)section 4 (unlawful sexual intercourse with girl under 16);
(iv)section 5 (indecent behaviour towards girl between 12 and 16);
[F4(iva)section 7 (gross indecency between males)]
(v)section 8 (abduction of girl under 18);
(vi)section 9 (unlawful detention of female); or
(g)an offence under section 80(7) of the M2Criminal Justice (Scotland) Act 1980 (homosexual offences).
(3)In this section, “complainer” means the person against whom the offence referred to in subsection (2) above is alleged to have been committed.
(4)This section does not apply to questioning, or evidence being adduced, by the Crown.]
Textual Amendments
F1S. 346A, 346B inserted by Law Reform (Miscellaneous Provisions) Act 1985 (c. 73, SIF 39:1), s. 36(2), Sch. 3 para. 1
F2S. 346A(2)(ba) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 28(2)(a); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
F3S. 346A(2)(f)(ia)-(ic) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 28(2)(b); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
F4S. 346A(2)(f)(iva) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 28(2)(c); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2
Marginal Citations
M11976 c. 67(39:5).
M21980 c. 62(39:1).
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