PART 6

DISCLOSURE

Disclosure after conclusion of proceedings at first instance

Further duty of prosecutor: appeal against acquittal
138
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.