Legislation – Health and Care Act 2022
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PART 5Virginity testing and hymenoplasty offences
CHAPTER 2Hymenoplasty offences
Hymenoplasty offences: Scotland
155Hymenoplasty 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).