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Criminal Justice and Licensing (Scotland) Act 2010

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  • specified provision(s) amendment to earlier commencing SSI 2011/354 art. 4 Sch. by S.S.I. 2011/366 art. 2

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117Provision of information to prosecutor: solemn casesS

This section has no associated Explanatory Notes

(1)This section applies where in a prosecution—

(a)an accused appears for the first time on petition, or

(b)an accused appears for the first time on indictment (not having appeared on petition in relation to the same matter).

(2)As soon as practicable after the appearance, the investigating agency must provide the prosecutor with details of all the information that may be relevant to the case for or against the accused that the agency is aware of that was obtained (whether by the agency or otherwise) in the course of investigating the matter to which the appearance relates.

(3)As soon as practicable after being required to do so by the prosecutor, the investigating agency must provide the prosecutor with any of that information that the prosecutor specifies in the requirement.

(4)In this section, “investigating agency” means—

(a)[F1the Police Service of Scotland], or

(b)such other person who—

(i)engages (to any extent) in the investigation of crime or sudden deaths, and

(ii)submits reports relating to those investigations to the procurator fiscal,

as the Scottish Ministers may prescribe by regulations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 117(4)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 42(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I1 [ S. 117 in force at 6.6.2011 by S.S.I. 2011/178 , art. 2 , Sch. (with Sch. ) ]

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