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Double Jeopardy (Scotland) Act 2011
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Criminal Procedure (Scotland) Act 1995
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14In section 178 (stated case: preparation of draft), after subsection (1) insert—
“(1A)Where an application for a stated case under section 176 of this Act relates to an appeal by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16)—
(a)the reference in subsection (1) to the final determination of proceedings is to be construed as a reference to the date on which the appellant is acquitted of an offence mentioned in section 11(2) of that Act; and
(b)the reference in subsection (1)(b) to the judge who presided at the trial is to be construed as a reference to the judge who presided at the trial resulting in the conviction in respect of which the application for a stated case is made.”.
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