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Double Jeopardy (Scotland) Act 2011
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Criminal Procedure (Scotland) Act 1995
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8In section 107 (leave to appeal), after subsection (2) insert—
“(2A)In respect of an appeal by virtue of section 11(7) of the Double Jeopardy (Scotland) Act 2011 (asp 16), the “report under section 113” in subsection (2)(c) means—
(a)the report of the judge who presided at the trial resulting in the appellant’s acquittal for an offence mentioned in section 11(2) of that Act;
(b)where an appeal against conviction was taken before that acquittal, the report of the judge who presided at the trial resulting in the conviction in respect of which leave to appeal is sought prepared at that time; and
(c)any other report of that judge furnished under section 113.”.
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