Section 21 Crown application: criminal offencesI1I2

Nothing in Part 1 or 2 makes the Crown criminally liable.

But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1).

Subsection (1) does not affect the criminal liability of persons in the service of the Crown.