# Criminal Procedure (Scotland) Act 1995, Paragraph 14


Where—
(a) any act alleged in an indictment or complaint as contrary to any enactment is also criminal at common law; or
(b) where the facts proved under the indictment or complaint do not amount to a contravention of the enactment, but do amount to an offence at common law,
it shall be lawful to convict of the common law offence.

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Source: https://www.legislation.gov.uk/ukpga/1995/46/schedule/3/paragraph/14 (the official version)
Page: https://openlegislation.uk/criminal-procedure-scotland-act-1995/schedule-3/paragraph-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.