(1)Where, under section 275 of this Act, a court [F2(or, in proceedings before a commissioner appointed under section 271I(1) or by virtue of section 272(1)(b) of this Act, a commissioner)] on the application of the accused allows such questioning or admits such evidence as is referred to in section 274(1) of this Act, the prosecutor shall forthwith place before the presiding judge any previous relevant conviction of the accused.
(2)[F3Subject to subsection (2A) any] conviction placed before the judge under subsection (1) above shall, unless the accused objects, be—
(a)in proceedings on indictment, laid before the jury;
(b)in summary proceedings, taken into consideration by the judge.
[F4(2A)Where the conviction is a relevant conviction by virtue of subsection (10)(aa)(ii), subsection (2) applies only if the judge considers it appropriate.]
(3)An extract of [F5a conviction referred to in subsection (2)] may not be laid before the jury or taken into consideration by the judge unless such an extract was appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) of this Act, which specified that conviction.
(4)An objection under subsection (2) above may be made only on one or more of the following grounds—
(a)where the conviction bears to be a relevant conviction by virtue only of paragraph (b) of subsection (10) below, that there was not a substantial sexual element present in the commission of the offence for which the accused has been convicted;
(b)that the disclosure or, as the case may be, the taking into consideration of the conviction would be contrary to the interests of justice;
(c)in proceedings on indictment, that the conviction does not apply to the accused or is otherwise inadmissible;
(d)in summary proceedings, that the accused does not admit the conviction.
(5)Where—
(a)an objection is made on one or more of the grounds mentioned in paragraphs (b) to (d) of subsection (4) above; and
(b)an extract of the conviction in respect of which the objection is made was not appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) above, which specified that conviction,
the prosecutor may, notwithstanding subsection (3) above, place such an extract conviction before the judge.
(6)In summary proceedings, the judge may, notwithstanding subsection (2)(b) above, take into consideration any extract placed before him under subsection (5) above for the purposes only of considering the objection in respect of which the extract is disclosed.
(7)In entertaining an objection on the ground mentioned in paragraph (b) of subsection (4) above, the court shall, unless the contrary is shown, presume that the disclosure, or, as the case may be, the taking into consideration, of a conviction is in the interests of justice.
(8)An objection on the ground mentioned in paragraph (c) of subsection (4) above shall not be entertained unless the accused has, under subsection (2) of section 69 of this Act, given intimation of the objection in accordance with subsection (3) of that section.
(9)In entertaining an objection on the ground mentioned in paragraph (d) of subsection (4) above, the court shall require the prosecutor to withdraw the conviction or adduce evidence in proof thereof.
(10)For the purposes of this section a “relevant conviction” is, subject to subsection (11) below—
(a)a conviction for an offence to which section 288C of this Act applies by virtue of subsection (2) thereof; F6. . .
[F7(aa)a conviction by a court in—
(i)England and Wales or Northern Ireland, or
(ii)a member State of the European Union,
of an offence that is equivalent to one to which section 288C of this Act applies by virtue of subsection (2) thereof, or]
(b)where a substantial sexual element was present in the commission of any other offence in respect of which the accused has previously been convicted, a conviction for that offence,
which is specified in a notice served on the accused under section 69(2) or, as the case may be, 166(2) of this Act.
[F8(10A)Any issue of equivalence arising in pursuance of subsection (10)(aa) is for the court to determine.]
(11)A conviction for an offence other than an offence to which section 288C of this Act applies by virtue of subsection (2) thereof is not a relevant conviction for the purposes of this section unless an extract of that conviction containing information which indicates that a sexual element was present in the commission of the offence was appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) of this Act, which specified that conviction.]
Textual Amendments
F1Ss. 275A, 275B inserted (1.11.2002) by Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), s. 10(4); S.S.I. 2002/443, art. 3 (with art. 4(5))
F2Words in s. 275A(1) inserted (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 35(5), 84; S.S.I. 2007/250, art. 3(a)
F3Words in s. 275A(2) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(15)(a) (with reg. 16)
F4S. 275A(2A) inserted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(15)(b) (with reg. 16)
F5Words in s. 275A(3) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(15)(c) (with reg. 16)
F6Word in s. 275A(10) repealed (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 7(a)(i); S.S.I. 2010/413, art. 2, Sch.
F7S. 275A(10)(aa) substituted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(15)(d) (with reg. 16)
F8S. 275A(10A) inserted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 7(b); S.S.I. 2010/413, art. 2, Sch.