Search Legislation

Double Jeopardy (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

4New evidence

This section has no associated Explanatory Notes

(1)A person who, on indictment in the High Court (the “original indictment”), has been acquitted of an offence (the “original offence”) may, if the conditions mentioned in subsection (3) are satisfied, be charged with, and prosecuted anew for—

(a)the original offence,

(b)an offence mentioned in subsection (2) (a “relevant offence”).

(2)A relevant offence is—

(a)an offence (other than the original offence) of which it would have been competent to convict the person on the original indictment, or

(b)an offence which—

(i)arises out of the same, or largely the same, acts or omissions as gave rise to the original indictment, and

(ii)is an aggravated way of committing the original offence.

(3)The conditions are that—

(a)there is new evidence that the person committed the original offence or a relevant offence, and

(b)the High Court, on the application of the Lord Advocate, has—

(i)set aside the acquittal, and

(ii)granted authority to bring a new prosecution in the High Court.

(4)For the purposes of subsection (3)(a), evidence which was not admissible at the trial in respect of the original offence but which is admissible at the time the court considers the application under subsection (3)(b) is not new evidence.

(5)Only one application may be made under subsection (3)(b) to set aside the acquittal of an original offence.

(6)But an application may not be made to set aside the acquittal of an original offence if the person was charged with, and prosecuted anew for, that offence by virtue of this section.

(7)The court may set aside the acquittal only if satisfied that—

(a)the case against the person is strengthened substantially by the new evidence,

(b)the new evidence was not available, and could not with the exercise of reasonable diligence have been made available, at the trial in respect of the original offence,

(c)on the new evidence and the evidence which was led at that trial, it is highly likely that a reasonable jury properly instructed would have convicted the person of—

(i)the original offence, or

(ii)a relevant offence, and

(d)it is in the interests of justice to do so.

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