- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
(1)This section applies where—
(a)the court makes a section 146 order, and
(b)during the relevant period the Secretary of State, the prosecutor, special counsel or the accused becomes aware of information that was unavailable to the court at the time when the order was made.
(2)The Secretary of State or, as the case may be, the prosecutor, special counsel or the accused may apply to the court to review the order.
(3)Except in the case mentioned in subsection (4), the same persons are entitled to be heard on the application for review as were entitled to be heard on the application for the order.
(4)If—
(a)a restricted notification order was granted in relation to the order which is under review, and
(b)the court is satisfied that the conditions in section 148(6) are met,
the court may, where the Secretary of State or, as the case may be, the prosecutor or special counsel applies for the review, make an order prohibiting notification of the application for review being given to the accused.
(5)If—
(a)a non-attendance order was granted in relation to the order which is under review, and
(b)the court is satisfied that the conditions in section 149(5) are met,
the court may, where the Secretary of State or, as the case may be, the prosecutor, special counsel or the accused applies for the review, exclude the accused from the review.
(6)If the court is not satisfied that the conditions mentioned in section 146(7) are met, the court may—
(a)recall the order which is under review, or
(b)recall the order which is under review and make an order requiring the information to be disclosed or partly disclosed to the accused in the specified manner.
(7)Nothing in this section affects any right of appeal in relation to the order which is under review.
(8)In this section—
“accused” includes appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
“appellant” has the meaning given by section 132,
“relevant period”, in relation to an accused, means the period—
beginning with the making of the section 146 order, and
ending with the conclusion of the proceedings against the accused,
“specified” means specified in the order of the court.
(9)For the purposes of this section, proceedings against an accused are to be taken to be concluded if—
(a)a plea of guilty is recorded against the accused,
(b)the accused is acquitted,
(c)the proceedings against the accused are deserted simpliciter,
(d)the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,
(e)the proceedings are deserted pro loco et tempore for any reason and no further trial diet is appointed,
(f)the indictment falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation,
(g)any appeal by the prosecutor is determined or abandoned, or
(h)the accused is convicted and any appeal is determined or abandoned.
(10)In its application to proceedings against an appellant or other person, subsection (9) is to be read as if paragraphs (a) to (f) were omitted.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
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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Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys