Criminal Procedure (Scotland) Act 1995

14SWhere—

(a)any act alleged in an indictment or complaint as contrary to any enactment is also criminal at common law; or

(b)where the facts proved under the indictment or complaint do not amount to a contravention of the enactment, but do amount to an offence at common law,

it shall be lawful to convict of the common law offence.