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Double Jeopardy (Scotland) Act 2011
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Criminal Justice and Licensing (Scotland) Act 2010
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19In section 141 (application for section 145 order)—
(a)in subsection (1), for “or (3)” substitute “, (3) or (3A)”,
(b)after subsection (3) insert—
“(3A)The conditions are that—
(a)by virtue of section 140B(2)(b), 140C(2) or 140D(3)(b) the prosecutor is required to disclose an item of information to a respondent,
(b)the information is not likely to form part of the evidence to be led or relied on by the prosecutor in the proceedings, and
(c)the prosecutor considers that subsection (4) applies.”
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