http://www.legislation.gov.uk/asp/2010/13/section/74/2011-03-28Criminal Justice and Licensing (Scotland) Act 2010An Act of the Scottish Parliament to make provision about sentencing, offenders and defaulters; to make provision about criminal law, procedure and evidence; to make provision about criminal justice and the investigation of crime (including police functions); to amend the law relating to the licensing of certain activities by local authorities; to amend the law relating to the sale of alcohol; and for connected purposes.texttext/xmlenStatute Law Database2024-05-15Expert Participation2011-03-28 Criminal Justice and Licensing (Scotland) Act 2010s. 117(1)(c) and wordCriminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025s. 11(8)(a)(ii)s. 34(4)Criminal Justice and Licensing (Scotland) Act 2010s. 121(1)(ba)Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025s. 11(10)(a)(ii)s. 34(4) PART 3 74After section 107 of the 1995 Act insert—107A1The prosecutor may appeal to the High Court against—aan acquittal under section 97 or 97B(2)(a), orba direction under section 97B(2)(b) or 97C(2).2If, immediately after an acquittal under section 97 or 97B(2)(a), the prosecutor moves for the trial diet to be adjourned for no more than 2 days in order to consider whether to appeal against the acquittal under subsection (1), the court of first instance must grant the motion unless the court considers that there are no arguable grounds of appeal.3If, immediately after the giving of a direction under section 97B(2)(b) or 97C(2), the prosecutor moves for the trial diet to be adjourned for no more than 2 days in order to consider whether to appeal against the direction under subsection (1), the court of first instance must grant the motion unless the court considers that it would not be in the interests of justice to do so.4In considering whether it would be in the interests of justice to grant a motion for adjournment under subsection (3), the court must have regard, amongst other things, to—awhether, if an appeal were to be made and to be successful, continuing with the diet would have any impact on any subsequent or continued prosecution,bwhether there are any arguable grounds of appeal.5An appeal may not be brought under subsection (1) unless the prosecutor intimates intention to appeal—aimmediately after the acquittal or, as the case may be, the giving of the direction,bif a motion to adjourn the trial diet under subsection (2) or (3) is granted, immediately upon resumption of the diet, orcif such a motion is refused, immediately after the refusal.6Subsection (7) applies if—athe prosecutor intimates an intention to appeal under subsection (1)(a), orbthe trial diet is adjourned under subsection (2).7Where this subsection applies, the court of first instance must suspend the effect of the acquittal and may—amake an order under section 4(2) of the Contempt of Court Act 1981 (c.49) (which gives a court power, in some circumstances, to order that publication of certain reports be postponed) as if proceedings for the offence of which the person was acquitted were pending or imminent,bafter giving the parties an opportunity of being heard, order the detention of the person in custody or admit him to bail.8The court may, under subsection (7)(b), order the detention of the person in custody only if the court considers that there are arguable grounds of appeal.107B1The prosecutor may appeal to the High Court against a finding, made after the jury is empanelled and before the close of the evidence for the prosecution, that evidence that the prosecution seeks to lead is inadmissible.2The appeal may be made only with the leave of the court of first instance, granted—aon the motion of the prosecutor, orbon that court's initiative.3Any motion for leave to appeal must be made before the close of the case for the prosecution.4In determining whether to grant leave to appeal the court must consider—awhether there are arguable grounds of appeal, andbwhat effect the finding has on the strength of the prosecutor's case.107C1In an appeal brought under section 107A or 107B the High Court may review not only the acquittal, direction or finding appealed against but also any direction, finding, decision, determination or ruling in the proceedings at first instance if it has a bearing on the acquittal, direction or finding appealed against.2The test to be applied by the High Court in reviewing the acquittal, direction or finding appealed against is whether it was wrong in law.107D1Subsection (2) applies where—athe prosecutor intimates intention to appeal under section 107A or leave to appeal is granted by the court under section 107B, andbthe court is able to obtain confirmation from the Keeper of the Rolls that it would be practicable for the appeal to be heard and determined during an adjournment of the trial diet.2The court must inform both parties of that fact and, after hearing them, must decide whether or not the appeal is to be heard and determined during such an adjournment.3An appeal brought under section 107A or 107B which is heard and determined during such an adjournment is referred to in this Act as an “expedited appeal”.4If the court decides that the appeal is to be an expedited appeal the court must, pending the outcome of the appeal—aadjourn the trial diet, andbwhere the appeal is against an acquittal, suspend the effect of the acquittal.5Where the court cannot obtain from the Keeper of the Rolls confirmation of the kind mentioned in subsection (1)(b), the court must inform the parties of that fact.6Where the High Court in an expedited appeal determines that an acquittal of an offence libelled in the indictment was wrong in law it must quash the acquittal and direct that the trial is to proceed in respect of the offence.107E1This section applies where—aan appeal brought under section 107A is not an expedited appeal,bthe appeal is against an acquittal, andcthe High Court determines that the acquittal was wrong in law.2The court must quash the acquittal.3If the prosecutor seeks leave to bring a new prosecution charging the accused with the same offence as that libelled in the indictment, or a similar offence arising out of the same facts as the offence libelled in the indictment, the High Court must grant the prosecutor authority to do so in accordance with section 119, unless the court considers that it would be contrary to the interests of justice to do so.4If—ano motion is made under subsection (3), orbthe High Court does not grant a motion made under that subsection,the High Court must in disposing of the appeal acquit the accused of the offence libelled in the indictment.107F1This section applies where—aan appeal brought under section 107A or 107B is not an expedited appeal, andbthe appeal is not against an acquittal.2The court of first instance must desert the diet pro loco et tempore in relation to any offence to which the appeal relates.3The trial is to proceed only if another offence of which the accused has not been acquitted and to which the appeal does not relate is libelled in the indictment.4However, if the prosecutor moves for the diet to be deserted pro loco et tempore in relation to such other offence, the court must grant the motion.5If the prosecutor seeks leave to bring a new prosecution charging the accused with the same offence as that libelled in the indictment, or a similar offence arising out of the same facts as the offence libelled in the indictment, the High Court must grant the prosecutor authority to do so in accordance with section 119, unless the court considers that it would be contrary to the interests of justice to do so..S. 74 in force at 28.3.2011 by S.S.I. 2011/178, art. 2, Sch. (with Sch.)