SCHEDULECONSEQUENTIAL AMENDMENTS

19Criminal Justice and Licensing (Scotland) Act 2010

In 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.