PART 6DISCLOSURE

Disclosure after conclusion of proceedings at first instance

138Further duty of prosecutor: appeal against acquittal

1

This section applies where—

a

the prosecutor appeals against the acquittal of a person, and

b

after lodging the appeal the prosecutor becomes aware of information which relates to the appeal and falls within section 133(3).

2

As soon as practicable after becoming aware of the information the prosecutor must disclose it to the person.

3

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

4

The prosecutor ceases to be subject to the duty imposed by subsection (2) on the disposal of the appeal by the High Court of Justiciary.

5

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