Section 140C Continuing duty of prosecutorF1

(1)

This section applies where—

(a)

the prosecutor has complied with section 140B(2) in relation to a respondent, and

(b)

during the relevant period, the prosecutor becomes aware of information which relates to the 2011 Act proceedings and falls within section 140B(3).

(2)

The prosecutor must disclose to the respondent any information that falls within section 140B(3).

(3)

The prosecutor need not disclose under subsection (2) anything that the prosecutor has already disclosed to the respondent.

(4)

Nothing in this section requires the prosecutor to carry out a review of information of which the prosecutor is aware.

(5)

In subsection (1), “ relevant period ” means the period—

(a)

beginning with the prosecutor's compliance with section 140B(2), and

(b)

ending with the relevant conclusion.

(6)

In subsection (5), “ relevant conclusion ” means the disposal or abandonment of the 2011 Act proceedings.

Annotations

F1: Ss. 140A-140F and cross-headings inserted (28.11.2011) by Double Jeopardy (Scotland) Act 2011 (asp 16), ss. 13(2), 17(3); S.S.I. 2011/365, art. 3 (with arts. 4, 5)