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Criminal Justice and Licensing (Scotland) Act 2010

Section 118 – Continuing duty to provide information: solemn cases

583.This section provides for a continuing duty on the investigating agency in solemn cases to submit to the prosecutor as soon as practicable after becoming aware of further information, the details of such information obtained during the course of the investigation that may be relevant to the case for or against the accused. This duty follows on from the initial duty to disclose under s.117. Upon receipt of these details, if the prosecutor requires the information itself, rather than only the details of it, the investigating agency must provide it as soon as practicable. Subsection (5) sets out the circumstances in which the proceedings are deemed to have been concluded, thus ending the investigating agency’s duty.

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