Health and Care Act 2022

143Virginity testing offences in Scotland: penalties and supplementaryS
This section has no associated Explanatory Notes

(1)A person who commits an offence under section 140, 141 or 142 is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(2)Where a person outside Scotland commits an offence under section 140, 142 or 143 the person may be prosecuted, tried and punished for the offence—

(a)in a sheriff court district in which the person is apprehended or in custody, or

(b)in a sheriff court district determined by the Lord Advocate,

as if the offence had been committed in that district.

(3)Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.

(4)In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).

Commencement Information

I1S. 143 not in force at Royal Assent, see s. 186(6)

I2S. 143 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)