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.