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Double Jeopardy (Scotland) Act 2011

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This is the original version (as it was originally enacted).

Criminal Procedure (Scotland) Act 1995

This section has no associated Explanatory Notes

10In section 110 (note of appeal), after subsection (3) insert—

(3A)In respect of a written note of appeal relating to an appeal by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16)

(a)subsection (1) applies as if the reference to the judge who presided at the trial were a reference to—

(i)the judge who presided at the trial resulting in the conviction to which the written note of appeal relates; and

(ii)the judge who presided at the trial for an offence mentioned in section 11(2) of that Act resulting in the convicted person’s acquittal; and

(b)subsection (3)(a) applies as if the reference to the proceedings were a reference to—

(i)the proceedings which resulted in the conviction to which the written note of appeal relates; and

(ii)the proceedings which resulted in the convicted person’s acquittal..

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