PART VII

Solemn Proceedings

Trial

Submissions as to sufficiency of evidence
97A
1
Immediately after one or other (but not both) of the appropriate events, the accused may make either or both of the submissions mentioned in subsection (2) in relation to an offence libelled in an indictment (the “indicted offence”).
2
The submissions are—
a
that the evidence is insufficient in law to justify the accused's being convicted of the indicted offence or any other offence of which the accused could be convicted under the indictment (a “related offence”),
b
that there is no evidence to support some part of the circumstances set out in the indictment.
3
For the purposes of subsection (1), “the appropriate events” are—
a
the close of the whole of the evidence,
b
the conclusion of the prosecutor's address to the jury on the evidence.
4
A submission made under this section must be heard by the judge in the absence of the jury.
Ss. 97A-97D inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 73, 206(1); S.S.I. 2011/178, art. 2, sch.