Double Jeopardy (Scotland) Act 2011 Explanatory Notes

1. Introduction

2. The Act

3. Commentary on Sections

   1. Double jeopardy

      1. Section 1 Rule against double jeopardy

   2. Exceptions to rule against double jeopardy

      1. Section 2 Tainted acquittals

      2. Section 3 Admission made or becoming known after acquittal

      3. Section 4 New evidence

   3. Exceptions to rule against double jeopardy: common provisions

      1. Section 5 Applications under sections 2, 3 and 4

      2. Section 6 Further provision about prosecutions by virtue of sections 2, 3 and 4

   4. Plea in bar of trial

      1. Section 7 Plea in bar of trial that accused has been tried before

      2. Section 8 Plea in bar of trial for murder: new evidence and admissions

      3. Section 9 Plea in bar of trial: nullity of previous trial

      4. Section 10 Plea in bar of trial: previous foreign proceedings

   5. Other subsequent prosecutions

      1. Section 11 Eventual death of injured person

      2. Section 12 Nullity of proceedings on previous indictment or complaint

   6. Disclosure of information

      1. Section 13 Disclosure of information

   7. General

      1. Section 14 Retrospective application of Act

      2. Section 15 Transitional provision etc.

      3. Section 16 Consequential amendments

      4. Section 17 Short title, interpretation and commencement

   8. Schedule

4. Parliamentary History