Section 288BB Mixed charges for sexual offencesF1

(1)

An indictment or a complaint may include a charge that is framed as mentioned in subsection (2) or (3) (or both).

(2)

That is, framed so as to comprise (in a combined form) the specification of more than one sexual offence.

(3)

That is, framed so as to—

(a)

specify, in addition to a sexual offence, any other act or omission, and

(b)

do so in any manner except by way of reference to a statutory offence.

(4)

Where a charge in an indictment or a complaint is framed as mentioned in subsection (2) or (3) (or both), the charge is to be regarded as being a single yet cumulative charge.

(5)

The references in this section to a sexual offence are to an offence under the Sexual Offences (Scotland) Act 2009.

Annotations

Textual amendments

F1: Ss. 288BA-288BC inserted (1.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 63, 206(1); S.S.I. 2010/357, art. 2(b)