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Double Jeopardy (Scotland) Act 2011

Other subsequent prosecutions

Section 12 Nullity of proceedings on previous indictment or complaint

64.This section applies where the prosecutor is of the view that a previous trial was a fundamental nullity and wants to raise a fresh prosecution. In such circumstances, the prosecutor needs to make an application to the High Court for authority to prosecute anew.

65.Subsection (3) sets out the test the High Court needs to consider before granting authority to prosecute.

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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.


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