5. An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009 M1—E+W
(a)section 1 (rape),
(b)section 2 (assault by penetration),
(c)sections 3 to 6 (sexual assault and sexual coercion) committed against a person who is, by virtue of section 17 of that Act (capacity to consent: mentally disordered persons), treated as incapable of consenting,
(d)sections 18 to 26 (rape and other offences against children under 13), or
(e)sections 28 to 33 (offences against older children).
Marginal Citations
M12009 asp 9. Section 26 was amended by section 43(4) of the Criminal Justice and Licensing (Scotland) Act 2010.