Search Legislation

Criminal Justice and Licensing (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

129Review of ruling under section 128

Explanatory NotesShow EN

(1)This section applies where—

(a)the court has made a ruling under section 128 that section 121(3) does not apply to an item of information (the “information in question”), and

(b)during the relevant period—

(i)the accused becomes aware of information (the “secondary information”) that was unavailable to the court at the time it made its ruling, and

(ii)the accused considers that, had the secondary information been available to the court at that time, it would have made a ruling that section 121(3) does apply to the information in question.

(2)The accused may apply to the court which made the ruling for a review of the ruling.

(3)An application under subsection (2) is to be made in writing and must set out—

(a)where the accused is charged with more than one offence, the charge or charges to which the application relates,

(b)a description of the information in question and the secondary information, and

(c)the accused’s grounds for considering that section 121(3) applies to the information in question.

(4)On receiving an application under subsection (2), the court must appoint a hearing at which the application is to be considered and determined.

(5)However, the court may dispose of the application without appointing a hearing if the court considers that the application does not—

(a)comply with subsection (3), or

(b)otherwise disclose any reasonable grounds for considering that section 121(3) applies to the information in question.

(6)At a hearing appointed under subsection (4), the court must give the prosecutor and the accused an opportunity to be heard before determining the application.

(7)On determining the application, the court may—

(a)affirm the ruling being reviewed, or

(b)recall that ruling and—

(i)make a ruling that section 121(3) applies to the information in question or to any part of the information in question, and

(ii)where the accused is charged with more than one offence, specify the charge or charges to which the ruling relates.

(8)Except where it is impracticable to do so, the application is to be assigned to the justice of the peace, sheriff or judge who dealt with the application for the ruling that is being reviewed.

(9)Nothing in this section affects any right of appeal in relation to the ruling being reviewed.

(10)In this section, “relevant period”, in relation to an accused, means the period—

(a)beginning with the making of the ruling being reviewed, and

(b)ending with the conclusion of proceedings against the accused.

(11)For the purposes of subsection (10), proceedings against the accused are taken to be concluded if—

(a)a plea of guilty is recorded against the accused,

(b)the accused is acquitted,

(c)the proceedings against the accused are deserted simpliciter,

(d)the accused is convicted and does not appeal against the conviction before expiry of the time allowed for such an appeal,

(e)the accused is convicted and appeals against the conviction before the expiry of the time allowed for such an appeal,

(f)the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed, or

(g)the indictment or complaint falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources