The Double Jeopardy (Scotland) Act 2011 (Commencement and Transitional Provisions) Order 2011

Interpretation

2.—(1) In this Order—

“the 2011 Act” means the Double Jeopardy (Scotland) Act 2011;

“the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010(1);

“the first appearance of the respondent”, in relation to first proceedings(2), means—

(a)

where the proceedings were under solemn procedure—

(i)

the respondent’s first appearance on petition; or

(ii)

the respondent’s first appearance on indictment (the respondent not having appeared on petition in relation to the same matter);

(b)

where the proceedings were under summary procedure, the recording of a plea of not guilty;

“the original offence” has the meanings respectively given, in relation to 2011 Act proceedings(3), by sections 2(1), 3(1), 4(1) or 11(1)(a) of that Act; and in relation to section 12 of the 2011 Act, means the offence of which the respondent has been acquitted or convicted of on indictment or complaint.

(2) Any words or expressions used in this Order to which meanings are assigned by Part 6 of the 2010 Act have the same meaning as in that Act.

(1)

2010 asp 13.

(2)

Section 140B(5) of the Criminal Justice and Licensing (Scotland) Act 2010 contains a definition of “first proceedings”.

(3)

Section 140A of the Criminal Justice and Licensing (Scotland) Act 2010 contains a definition of “2011 Act proceedings”.