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Paragraph 59.2 Exceptions to the rule against Double Jeopardy: applications by the Lord AdvocateF1

(1)

An application by the Lord Advocate to set aside a person’s acquittal and grant authority to bring a new prosecution—

(a)

under section 2(2) of the 2011 Act (tainted acquittals);

(b)

under section 3(3)(b) of the 2011 Act (admission made or becoming known after acquittal);

(c)

under section 4(3)(b) of the 2011 Act (new evidence),

shall be in Form 59.2.

(2)

On making an application the Lord Advocate shall send a copy of the application to the acquitted person.

Annotations

Textual amendments

F1

Sch. 2 Ch. 59 inserted (28.11.2011) by Act of Adjournal (Criminal Procedure Rules Amendment No.7) (Double Jeopardy (Scotland) Act 2011) 2011 (S.S.I. 2011/387), paras. 1(2), 3(1)