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Paragraph 20.3A Sexual offences to which Part 2 of the Sexual Offences Act 2003 appliesF1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A certificate under section 92(2) of the Sexual Offences Act 2003 (certificate that an accused has been convicted of, found not guilty by reason of insanity of, or found to be under a disability and to have done the act charged against him in respect of, an offence listed in Schedule 3 to that Act) shall be in Form 20.3A A.

(2)

Subject to paragraph (3), when a certificate such as is mentioned in paragraph (1) is prepared, the accused shall be given a copy of it by the clerk of the court, together with a notice in Form 20.3A B.

(3)

If the certificate is not prepared immediately after the statement in open court but is to be prepared subsequently, the clerk of the court shall forthwith give the accused the notice required by paragraph (2) and shall in due course send a copy of the certificate to the accused.

(F23A)

Where sentence has been deferred in respect of an accused who has been given a notice required by paragraph (2), the clerk of the court shall, when sentence is passed, give the accused a notice in Form 20.3A-C.

(4)

The clerk of the court shall retain a copy of F3any notices given to the accused F4under paragraph (3) or (3A), as the case may be and shall record on F5those copies the fact that notice has been so given.

(5)

The record made under paragraph (4) shall be sufficient evidence of the fact recorded; and a certificate of posting sufficient evidence of the sending of a copy under paragraph (3).

Annotations

Textual amendments

F1

Sch. 2 rule 20.3A substituted (1.5.2004) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Sexual Offences Act 2003) 2004 (S.S.I. 2004/206), paras. 1(1), 2(2)

F2

Sch. 2 rule 20.3A(3A) inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(a)

F3

Words in Sch. 2 rule 20.3A(4) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(b)(i)

F4

Words in Sch. 2 rule 20.3A(4) inserted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(b)(ii)

F5

Words in Sch. 2 rule 20.3A(4) substituted (1.9.2006) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2006 (S.S.I. 2006/436), paras. 1(1), 2(2)(b)(iii)

Notes on Chapter 20

Modifications

C1

Sch. 2 Ch. 20 continued (1.2.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No. 4) (Miscellaneous) 2010 (S.S.I. 2010/418), paras. 1(3), 2(8)