In paragraph 5 (conclusion of criminal proceedings), after sub-paragraph (c) insert—

“(d)

where the initial steps of the proceedings are as mentioned in paragraph 4(f)—

(i)

by refusal of the application;

(ii)

if the application is granted and within the period of 2 months mentioned in section 6(3) of the Double Jeopardy (Scotland) Act 2011 (asp 16) a new prosecution is brought, by acquittal or, as the case may be, by sentence in the new prosecution.”.