PART VII

Solemn Proceedings

Trial

Acquittals etc. on section 97A(2)(a) submissions
97B
1
This section applies where the accused makes a submission of the kind mentioned in section 97A(2)(a).
2
If the judge is satisfied that the evidence is insufficient in law to justify the accused's being convicted of the indicted offence, then—
a
where the judge is satisfied that the evidence is also insufficient in law to justify the accused's being convicted of a related offence—
i
the judge must acquit the accused of the indicted offence, and
ii
the trial is to proceed only in respect of any other offence libelled in the indictment,
b
where the judge is satisfied that the evidence is sufficient in law to justify the accused's being convicted of a related offence, the judge must direct that the indictment be amended accordingly.
3
If the judge is not satisfied as is mentioned in subsection (2)—
a
the judge must reject the submission, and
b
the trial is to proceed as if the submission had not been made.
4
The judge may make a decision under this section only after hearing both (or all) parties.
5
An amendment made by virtue of this section must be sufficiently authenticated by the initials of the judge or the clerk of court.
6
In this section, “
indicted offence
” and “
related offence
” have the same meanings as in section 97A.
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.