The Double Jeopardy (Scotland) Act 2011 (Commencement and Transitional Provisions) Order 2011

Citation and commencement

1.  This Order may be cited as the Double Jeopardy (Scotland) Act 2011 (Commencement and Transitional Provisions) Order 2011 and comes into force on 28th November 2011.

Interpretation

2.—(1) In this Order—

“the 2011 Act” means the Double Jeopardy (Scotland) Act 2011;

“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010(1);

“the first appearance of the respondent”, in relation to first proceedings(2), means—

(a)

where the proceedings were under solemn procedure—

(i)

the respondent’s first appearance on petition; or

(ii)

the respondent’s first appearance on indictment (the respondent not having appeared on petition in relation to the same matter);

(b)

where the proceedings were under summary procedure, the recording of a plea of not guilty;

“the original offence” has the meanings respectively given, in relation to 2011 Act proceedings(3), by sections 2(1), 3(1), 4(1) or 11(1)(a) of that Act; and in relation to section 12 of the 2011 Act, means the offence of which the respondent has been acquitted or convicted of on indictment or complaint.

(2) Any words or expressions used in this Order to which meanings are assigned by Part 6 of the 2010 Act have the same meaning as in that Act.

Appointed day

3.  The provisions of the 2011 Act, in so far as not already in force, come into force on 28th November 2011.

Transitional provisions relating to the disclosure of information

4.—(1) This article applies where, in relation to 2011 Act proceedings, the first appearance of the respondent in the first proceedings was before 6th June 2011.

(2) Sections 140B to 140F of the 2010 Act have effect, for the purposes of determining whether information falls within section 140B(3), as if the provisions of Part 6 of the 2010 Act mentioned in section 140B(3)(a) to (c) had applied to the first proceedings.

5.—(1) This article applies where, in relation to 2011 Act proceedings, the respondent was convicted or acquitted of the original offence before 28th November 2011.

(2) Sections 140B(4), 140C(3) and 140D(4) of the 2010 Act apply subject to the modification that the prosecutor need not disclose information already disclosed only where to do so would be consistent with the respondent receiving a fair hearing.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

25th October 2011