Criminal Justice (Scotland) Act 1995

151 (1) Section 453 (prosecutor’s consent to or application for setting aside of conviction) shall be amended as follows.

(2) In subsection (1)—

(a) at the beginning there shall be inserted “Without prejudice to section 442(1)(b) or (c) of this Act,”;

(b) in paragraph (a)—

(i) for the words “442(1)(a)(i) or (iii)” there shall be substituted “442(1)(a)”; and

(ii) after the word “conviction” there shall be inserted “or sentence or, as the case may be, conviction and sentence (“sentence” being construed in this section as including disposal or order)”; and

(c) in paragraph (b)—

(i) after the word “founded” there shall be inserted “or the sentence imposed following such conviction”; and

(ii) after the word “conviction” in the second place where it occurs there shall be inserted “or sentence or, as the case may be, conviction and sentence”.

(3) In subsection (4)—

(a) in paragraph (a)—

(i) after the word “conviction” where it first occurs, there shall be inserted “or the sentence, or both,”;

(ii) the word “and” at the end of sub-paragraph (i) shall cease to have effect;

(iii) at the end of sub-paragraph (ii) there shall be inserted— “; and

(iii) where the sentence is set aside, pass another (but not more severe) sentence;”; and

(b) in paragraph (b), after the word “conviction” there shall be inserted “or sentence, or, as the case may be conviction and sentence,