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Criminal Procedure (Scotland) Act 1995

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Criminal Procedure (Scotland) Act 1995, Section 287 is up to date with all changes known to be in force on or before 24 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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287[F1Demission from office of Lord Advocate and Solicitor General for Scotland].S

(1)All indictments which have been raised [F2at the instance of Her Majesty's Advocate] shall remain effective notwithstanding [F3the holder of the office of Lord Advocate] subsequently having died or demitted office and may be taken up and proceeded with by his successor [F4or the Solicitor General].

(2)During any period when the office of Lord Advocate is vacant it shall be lawful to indict accused persons [F5at the instance of Her Majesty's Advocate or] the Solicitor General F6. . . .

[F7(2A)Any such indictments in proceedings at the instance of the Solicitor General may be signed by the Solicitor General.

(2B)All indictments which have been raised at the instance of the Solicitor General shall remain effective notwithstanding the holder of the office of Solicitor General subsequently having died or demitted office and may be taken up and proceeded with by his successor or the Lord Advocate.

(2C)Subsection (2D) applies during any period when the offices of Lord Advocate and Solicitor General are both vacant.

(2D)It is lawful to indict accused persons at the instance of Her Majesty's Advocate.]

(3)The advocates depute shall not demit office when a Lord Advocate dies or demits office but shall continue in office until their successors receive commissions.

(4)The advocates depute and procurators fiscal shall have power, notwithstanding any vacancy in the office of Lord Advocate [F8or Solicitor General], to take up and proceed with any indictment which—

(a)by virtue of subsection (1) [F9or (2B)] above, remains effective; or

(b)by virtue of subsection (2) above, is [F10raised at the instance] of the Solicitor General.

[F11(c)by virtue of subsection (2D) above, is raised at the instance of Her Majesty's Advocate]

(5)For the purposes of this Act, where, but for this subsection, demission of office by one Law Officer would result in the offices of both being vacant, he or, where both demit office on the same day, the person demitting the office of Lord Advocate shall be deemed to continue in office until the warrant of appointment of the person succeeding to the office of Lord Advocate is granted.

(6)The Lord Advocate shall enter upon the duties of his office immediately upon the grant of his warrant of appointment; F12. . ..

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