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

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13Complaints triable togetherS

This section has no associated Explanatory Notes

After section 152 of the 1995 Act there is inserted—

152AComplaints triable together

(1)Where—

(a)two or more complaints against an accused call for trial in the same court on the same day; and

(b)they each contain one or more charges to which the accused pleads not guilty,

the prosecutor may apply to the court for those charges to be tried together at that diet despite the fact that they are not all contained in the one complaint.

(2)On an application under subsection (1) above, the court is to try those charges together if it appears to the court that it is expedient to do so.

(3)For the purposes of subsections (1) and (2) above, any other charges contained in the complaints are (without prejudice to further proceedings as respects those other charges) to be disregarded.

(4)Where charges are tried together under this section, they are to be treated (including, in particular, for the purposes of and in connection with the leading of evidence, proof and verdict) as if they were contained in one complaint.

(5)But the complaints mentioned in subsection (1)(a) above are, for the purposes of further proceedings (including as to sentence), to be treated as separate complaints..

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