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It shall no longer be mandatory for the period during which a jury, after retiring to consider their verdict, are enclosed to be continuous; and accordingly, in section 99 of the 1995 Act (seclusion of jury to consider verdict)—
(a)in subsection (1), for the word “after” there is substituted “while”;
(b)in subsection (2), for the words “until the jury” there is substituted “while the jury are enclosed and until they”;
(c)in subsection (4)(b), after the word “and” there is inserted “, unless under subsection (7) below the court permits them to separate,”; and
(d)at the end there is added—
“(7)The court may, if it thinks fit, permit the jury to separate even after they have retired to consider their verdict.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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