Double Jeopardy (Scotland) Act 2011 (asp 16)

SCHEDULE CONSEQUENTIAL AMENDMENTS

Criminal Justice and Licensing (Scotland) Act 2010

29 In section 156 (review of section 146 order)—

(a) in subsection (8)—

(i) for the definition of “accused” substitute—

• ““accused” includes—

  (a)

  appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, and

  (b)

  respondent,”,

(ii) after the definition of “relevant period” insert—

• ““respondent” has the meaning given by section 140A,”,

(b) in subsection (9)—

(i) omit “or” immediately following paragraph (g),

(ii) after paragraph (h) insert “, or

(i) the 2011 Act proceedings are disposed of or abandoned.”,

(c) after subsection (10) insert—

“(11) In its application to proceedings involving a respondent, subsection (9) is to be read as if paragraphs (a) to (h) were omitted.”.