Search Legislation

Double Jeopardy (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

Criminal Justice and Licensing (Scotland) Act 2010

This section has no associated Explanatory Notes

22In section 145 (application for section 145 order: determination)—

(a)in subsection (2)(c)—

(i)omit “or” immediately following sub-paragraph (i), and

(ii)after sub-paragraph (ii) insert or

(iii)where the application for the section 145 order is made by virtue of section 141(3A), whether the conditions in subsection (4A) apply,,

(b)in subsection (2)(d), for “or, as the case may be, (4)” substitute “, (4) or, as the case may be, (4A)”,

(c)after subsection (4), insert—

(4A)The conditions are—

(a)that 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,

(c)that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,

(d)that withholding the item of information is not inconsistent with the respondent’s receiving a fair hearing in the 2011 Act proceedings to which the item relates, and

(e)that the public interest would be protected only if a section 145 order were to be made.,

(d)in subsection (5)(a), for “or, as the case may be, paragraph (c) of subsection (4)” substitute “, paragraph (c) of subsection (4) or, as the case may be, paragraph (c) of subsection (4A)”,

(e)in subsection (6) for “or, as the case may be, (4)” substitute “, (4) or, as the case may be, (4A)”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources