Search Legislation

Criminal Justice and Licensing (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 155

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Criminal Justice and Licensing (Scotland) Act 2010, Section 155. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

155Review of section 145 orderS

This section has no associated Explanatory Notes

(1)This section applies where—

(a)the court makes a section 145 order, and

(b)during the relevant period the prosecutor or the accused becomes aware of information that was unavailable to the court at the time when the order was made.

(2)The prosecutor or, as the case may be, special counsel or the accused may apply to the court to review the section 145 order.

(3)Except in the case mentioned in subsection (4), the same persons are entitled to be heard on the application for review as were entitled to be heard on the application for the section 145 order.

(4)If—

(a)a non-notification order was granted in relation to the section 145 order which is under review, and

(b)the court is satisfied that the conditions in section 143(6) are met,

the court may, where the prosecutor or, as the case may be, special counsel applies for the review, make an order prohibiting notification being given to the accused of the application for review.

(5)If—

(a)an exclusion order was granted in relation to the section 145 order which is under review, and

(b)the court is satisfied that the conditions in section 144(5) are met,

the court may, where the prosecutor or, as the case may be, special counsel or the accused applies for the review, exclude the accused from the review.

(6)If the court is not satisfied that the conditions mentioned in section 145(3) [F1or (4A)] are met, the court may—

(a)recall the section 145 order, or

(b)recall the section 145 order and make an order requiring disclosure to the specified extent.

(7)Nothing in this section affects any right of appeal in relation to the section 145 order.

(8)In this section—

  • [F2accused” includes—

    (a)

    appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, and

    (b)

    respondent,]

  • relevant period”, in relation to an accused, means the period—

    (a)

    beginning with the making of the section 145 order, and

    (b)

    ending with the conclusion of the proceedings against the accused,

  • [F3respondent” has the meaning given by section 140A, ]

  • specified” means specified in the order of the court.

(9)For the purposes of this section, proceedings against an accused are to be taken to be concluded if—

(a)a plea of guilty is recorded against the accused,

(b)the accused is acquitted,

(c)the proceedings against the accused are deserted simpliciter,

(d)the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,

(e)the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed,

(f)the indictment falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation,

(g)any appeal by the prosecutor is determined or abandoned, F4...

(h)the accused is convicted and any appeal is determined or abandoned [F5, or

(i)the 2011 Act proceedings are disposed of or abandoned.]

(10)In its application to proceedings against an appellant or other person, subsection (9) is to be read as if paragraphs (a) to (f) were omitted.

[F6(11)In its application to proceedings involving a respondent, subsection (9) is to be read as if paragraphs (a) to (h) were omitted.]

Textual Amendments

F4 Word in s. 155(9) omitted (28.11.2011) by virtue of Double Jeopardy (Scotland) Act 2011 (asp 16) , s. 17(3) , Sch. para. 28(c)(i) ; S.S.I. 2011/365 , art. 3

Commencement Information

I1 S. 155 in force at 6.6.2011 by S.S.I. 2011/178 , art. 2 , Sch.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government 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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources