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Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Section 52: Setting aside of offers and orders
New section 303ZB – Setting aside of offers and orders

309.This section inserts section 303ZB into the 1995 Act. It formalises the power of the procurator fiscal to set aside an offer of an alternative to prosecution of the types listed in section 303ZB(1).

310.Section 303ZB(2) provides that the procurator fiscal can set aside an offer of such an alternative to prosecution where s/he is satisfied that the offer should have not been made, on the basis of information which comes to his/her attention after the making of the offer.

311.Section 303ZB(3) confirms that this power applies even if the offer has been accepted or deemed to have been accepted.

312.Section 303ZB(4) obliges the procurator fiscal when exercising this power to advise the alleged offender that the offer has been set aside and that any liability to conviction for the alleged offence is discharged.

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