[288C Prohibition of personal conduct of defence in cases of certain sexual offences]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[Trials for sexual offences]

[288C  Prohibition of personal conduct of defence in cases of certain sexual offences]

[[(1)     An accused charged with a sexual offence to which this section applies is prohibited from conducting[—

(a)     his case in person at or for the purposes of a preliminary hearing; and

(b)]     his case in person at, [and in any victim statement proof relating to any such offence].

(1A)     In subsection (1), “relevant hearing” means a hearing at, or for the purposes of, which a witness is to give evidence.]

(2)     This section applies to the following sexual offences—

(a)     rape [(whether at common law or under section 1(1) of the Sexual Offences (Scotland) Act 2009 (asp 9))];

(b)     sodomy;

(c)     clandestine injury to women;

(d)     abduction of a woman or girl with intent to rape;

[(da)     abduction with intent to commit the statutory offence of rape;]

(e)     assault with intent to rape;

[(ea)     assault with intent to commit the statutory offence of rape;]

(f)     indecent assault;

(g)     indecent behaviour (including any lewd, indecent or libidinous practice or behaviour);

(h)     an offence under section [311 (non-consensual sexual acts) or 313 (persons providing care services: sexual offences) of the Mental Health

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