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Double Jeopardy (Scotland) Act 2011
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5Applications under sections 2, 3 and 4
This section has no associated Explanatory Notes
(1)On making an application under section 2(2), 3(3)(b) or 4(3)(b), the Lord Advocate is to send a copy of the application to the acquitted person.
(2)The acquitted person is entitled to appear or to be represented at any hearing of the application.
(3)For the purposes of hearing and determining the application, three of the Lords Commissioners of Justiciary are a quorum of the High Court (the application being determined by majority vote of those sitting).
(4)The court may appoint counsel to act as amicus curiae at the hearing in question.
(5)The decision of the court on the application is final.
(6)Subsection (3) is without prejudice to any power of those sitting to remit the application to a differently constituted sitting of the court (as for example to the whole court sitting together).
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