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PART 6DISCLOSURE

Disclosure after conclusion of proceedings at first instance

138Further duty of prosecutor: appeal against acquittal

(1)This section applies where—

(a)the prosecutor appeals against the acquittal of a person, and

(b)after lodging the appeal the prosecutor becomes aware of information which relates to the appeal and falls within section 133(3).

(2)As soon as practicable after becoming aware of the information the prosecutor must disclose it to the person.

(3)The prosecutor need not disclose under subsection (2) anything that the prosecutor has already disclosed to the person.

(4)The prosecutor ceases to be subject to the duty imposed by subsection (2) on the disposal of the appeal by the High Court of Justiciary.

(5)Nothing in this section requires the prosecutor to carry out a review of information of which the prosecutor is aware.