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Double Jeopardy (Scotland) Act 2011
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Criminal Procedure (Scotland) Act 1995
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13After section 176 insert—
“176AApplication of section 176 in relation to certain appeals
(1)Section 176 applies in relation to an appeal under section 175(2)(a) by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16) with the following modifications.
(2)In subsection (1)(a), for the words “one week of the final determination of the proceedings” substitute “one week of the date on which the appellant is acquitted of an offence mentioned in section 11(2) of the Double Jeopardy (Scotland) Act 2011 (asp 16)”.
(3)In subsection (2), the reference to the proceedings is to be construed as a reference to the proceedings resulting in the appellant’s acquittal as mentioned in section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16).
(4)In subsection (5), the reference to the inferior court is to be construed as a reference to the court which acquitted the appellant of an offence under section 11(2) of the Double Jeopardy (Scotland) Act 2011 (asp 16).”.
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