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Double Jeopardy (Scotland) Act 2011

8.Subsections (3) and (4) define what is meant by conviction of an offence and provide that the rule applies to a conviction even if sentence has not been passed. This definition settles the question of whether a sentence must be passed before the rule against double jeopardy may operate, making it clear that double jeopardy protection will apply in any case where a verdict has been delivered or a guilty plea accepted, regardless of whether sentence has been passed.

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