PART VII

Solemn Proceedings

Trial

Directions etc. on section 97A(2)(b) submissions
97C
1
This section applies where the accused makes a submission of the kind mentioned in section 97A(2)(b).
2
If the judge is satisfied that there is no evidence to support some part of the circumstances set out in the indictment, 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.
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.