Section 8 — Exception to restrictions under section 274 of 1995 Act

Part of Sexual Offences (Procedure and Evidence) (Scotland) Bill: Stage 3 – in the Scottish Parliament at 3:30 pm on 6th March 2002.

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Photo of Richard Simpson Richard Simpson Labour 3:30 pm, 6th March 2002

Amendment 1 is purely a drafting amendment that results from the removal of a subsection by an Executive amendment at stage 2. The words "such an application" no longer make sense and amendment 1 spells out the type of application that is meant.

Amendment 2 is a tidying-up amendment. The bill amends section 71 of the Criminal Procedure (Scotland) Act 1995 to allow a pre-trial hearing in a sheriff-and-jury case to be used for the determination of a character or sexual evidence history application. Amendment 2 moves the words that achieve that effect to a more logical space within section 71 of the 1995 act. They will now come after section 71(2), which contains other matters that the court may consider at a pre-trial hearing.

Amendment 3 adds character and sexual history evidence applications to the list.

I move amendment 1.

Amendment 1 agreed to.

Amendments 2 and 3 moved—[Dr Richard Simpson]—and agreed to.