PART 5Virginity testing and hymenoplasty offences
CHAPTER 2Hymenoplasty offences
Hymenoplasty offences: Scotland
I1I2155Hymenoplasty offences in Scotland: penalties and supplementary
1
A person who commits an offence under section 152, 153 or 154 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 152, 153 or 154 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).