LegalizeReform history
Criminal Justice and Licensing (Scotland) Act 2010
35 versions
· 2010-08-06
2021-11-08
Criminal Justice and Licensing (Scotland) Act 2010
2020-12-31
Criminal Justice and Licensing (Scotland) Act 2010
2018-06-29
Criminal Justice and Licensing (Scotland) Act 2010
2018-03-30
Criminal Justice and Licensing (Scotland) Act 2010
2016-04-01
Criminal Justice and Licensing (Scotland) Act 2010
2015-11-28
Criminal Justice and Licensing (Scotland) Act 2010
2015-10-19
Criminal Justice and Licensing (Scotland) Act 2010
2015-09-22
Criminal Justice and Licensing (Scotland) Act 2010
2015-05-07
Criminal Justice and Licensing (Scotland) Act 2010
2013-07-08
Criminal Justice and Licensing (Scotland) Act 2010
2013-04-22
Criminal Justice and Licensing (Scotland) Act 2010
2012-11-09
Criminal Justice and Licensing (Scotland) Act 2010
2012-10-01
Criminal Justice and Licensing (Scotland) Act 2010
2012-06-25
Criminal Justice and Licensing (Scotland) Act 2010
2012-04-01
Criminal Justice and Licensing (Scotland) Act 2010
2011-12-13
Criminal Justice and Licensing (Scotland) Act 2010
2011-11-28
Criminal Justice and Licensing (Scotland) Act 2010
Changes on 2011-11-28
@@ -214,7 +214,7 @@
- (3) The Council must from time to time publish information about the sentences imposed by courts.
#### Spent alternatives to prosecution: Rehabilitation of Offenders Act 1974
#### Medical services in prisons
##### 11
@@ -5056,11 +5056,19 @@
- (2) In this Part, “*information*”, in relation to appellate proceedings, includes material of any kind given to or obtained by the prosecutor in connection with the appellate proceedings or the earlier proceedings.
- (2A) In this Part, “ *information* ”, in relation to 2011 Act proceedings, includes material of any kind given to or obtained by the prosecutor in connection with those proceedings or the first proceedings.
- (3) In subsection (2)—
- “*appellate proceedings*” has the meaning given by section 132,
- “*earlier proceedings*” has the meaning given by section 133(5).
- (3A) In subsection (2A)—
- “ *2011 Act proceedings* ” has the meaning given by section 140A,
- “ *first proceedings* ” has the meaning given by section 140B(5).
### Provision of information to prosecutor
@@ -5854,7 +5862,7 @@
##### 141
- (1) This section applies where the conditions in subsection (2) or (3) are met.
- (1) This section applies where the conditions in subsection (2), (3) or (3A) are met.
- (2) The conditions are that—
@@ -5872,6 +5880,14 @@
- (c) the prosecutor considers that subsection (4) applies.
- (3A) The conditions are that—
- (a) by virtue of section 140B(2)(b), 140C(2) or 140D(3)(b) the prosecutor is required to disclose an item of information to a respondent,
- (b) the information is not likely to form part of the evidence to be led or relied on by the prosecutor in the proceedings, and
- (c) the prosecutor considers that subsection (4) applies.
- (4) This subsection applies if disclosure of the item of information would be likely to cause a real risk of substantial harm or damage to the public interest.
- (5) The prosecutor must apply to the court for an order under section 145 (a “section 145 order”).
@@ -5882,7 +5898,7 @@
- (1) This section applies where the prosecutor is required by section 141(5) to apply to the court for a section 145 order.
- (2) If the application for a section 145 order relates to solemn proceedings (whether continuing or concluded), the prosecutor may also apply to the court for—
- (2) If the application for a section 145 order relates to solemn proceedings (whether continuing or concluded or to 2011 Act proceedings), the prosecutor may also apply to the court for—
- (a) a non-notification order and an exclusion order, or
@@ -5918,843 +5934,917 @@
- (8) In this section and sections 143 to 145—
- “*accused*” includes, where subsection (5) of section 141 applies by virtue of the conditions in subsection (3) of that section being met, the appellant or other person to whom the prosecutor is required to disclose the item of information,
- “*accused*” includes— where subsection (5) of section 141 applies by virtue of the conditions in subsection (3) of that section being met, the appellant or other person to whom the prosecutor is required to disclose the item of information, andwhere subsection (5) of section 141 applies by virtue of the conditions in subsection (3A) of that section being met, the respondent,
- “ *appellant* ” has the meaning given by section 132.
- “*respondent*” has the meaning given by section 140A.
#### Application for non-notification order and exclusion order
##### 143
- (1) This section applies where the prosecutor applies for a non-notification order and an exclusion order.
- (2) On receiving the application, the court must appoint a hearing to determine whether a non-notification order should be made.
- (3) The accused is not to be notified of—
- (a) the applications for the section 145 order, non-notification order and exclusion order, or
- (b) the hearing appointed under subsection (2).
- (4) The accused is not to be given the opportunity to be heard or be represented at the hearing.
- (5) If, after giving the prosecutor an opportunity to be heard, the court is satisfied that the conditions in subsection (6) are met, the court may make a non-notification order.
- (6) Those conditions are—
- (a) that disclosure to the accused of the making of the application for the section 145 order would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of a non-notification order would be consistent with the accused's receiving a fair trial.
- (7) If the court makes a non-notification order it must also make an exclusion order.
- (8) If the court refuses to make a non-notification order the court must appoint a hearing to determine the application for an exclusion order.
- (9) If after giving the prosecutor and, subject to subsection (10), the accused an opportunity to be heard, the court is satisfied that the conditions in subsection (5) of section 144 are met, the court may make an exclusion order under subsection (4) of that section.
- (10) On the application of the prosecutor the court may exclude the accused from the hearing appointed under subsection (8).
- (11) In this section and sections 144 and 145, references to the accused's receiving a fair trial include—
- (a) where subsection (5) of section 141 applies by virtue of the conditions in subsection (3) of that section being met, references to the appellant or other person to whom the prosecutor is required to disclose the item of information having received a fair trial, and
- (b) where subsection (5) of section 141 applies by virtue of the conditions in subsection (3A) of that section being met, references to the respondent receiving a fair hearing in the 2011 Act proceedings.
#### Application for exclusion order
##### 144
- (1) This section applies where by virtue of section 142(2)(b) or (3) the prosecutor applies for an exclusion order (but not a non-notification order).
- (2) On receiving the application the court must appoint a hearing.
- (3) On the application of the prosecutor the court may exclude the accused from the hearing.
- (4) If after giving the prosecutor and, subject to subsection (3), the accused an opportunity to be heard on the applications for the exclusion order and the section 145 order to which it relates the court is satisfied that the conditions in subsection (5) are met, the court may make an exclusion order.
- (5) Those conditions are—
- (a) that disclosure to the accused of the nature of the information to which the application for the section 145 order relates would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of an exclusion order would be consistent with the accused's receiving a fair trial.
#### Application for section 145 order: determination
##### 145
- (1) This section applies where—
- (a) the prosecutor applies for a section 145 order, and
- (b) any application for a non-notification order or an exclusion order has been determined by the court.
- (2) The court must—
- (a) consider the item of information to which the application for a section 145 order relates,
- (b) give the prosecutor and (if the court has not made an exclusion order) the accused the opportunity to be heard, and
- (c) determine—
- (i) where the application for the section 145 order is made by virtue of section 141(2), whether the conditions in subsection (3) apply, ...
- (ii) where the application for the section 145 order is made by virtue of section 141(3), whether the conditions in subsection (4) apply or
- (ii) where the application for the section 145 order is made by virtue of section 141(3A), whether the conditions in subsection (4A) apply,
- (d) if the court determines that the conditions in subsection (3), (4) or, as the case may be, (4A) apply, determine whether subsection (5) applies.
- (3) The conditions are—
- (a) that by virtue of section 121(2)(b), 123(2)(b), 124(2)(b), 125(4)(b) or 126(6)(b) the prosecutor is required to disclose the item of information,
- (b) that section 121(3)(a) or (b) applies to the information,
- (c) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (d) that withholding the item of information would be consistent with the accused's receiving a fair trial, and
- (e) that the public interest would be protected only if a section 145 order were to be made.
- (4) The conditions are—
- (a) that by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2) the prosecutor is required to disclose an item of information to an appellant or, as the case may be, a person,
- (b) where there are proceedings, the information is not likely to form part of the evidence to be led by the prosecutor in the proceedings,
- (c) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (d) that withholding the item of information is not inconsistent with the person's having received a fair trial in the proceedings to which the item relates, and
- (e) that the public interest would be protected only if a section 145 order were to be made.
- (4A) The conditions are—
- (a) that by virtue of section 140B(2)(b), 140C(2) or 140D(3)(b) the prosecutor is required to disclose an item of information to a respondent,
- (b) the information is not likely to form part of the evidence to be led or relied on by the prosecutor in the proceedings,
- (c) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (d) that withholding the item of information is not inconsistent with the respondent's receiving a fair hearing in the 2011 Act proceedings to which the item relates, and
- (e) that the public interest would be protected only if a section 145 order were to be made.
- (5) This subsection applies if the court considers that the item of information could be disclosed or partly disclosed in such a way that—
- (a) the condition in paragraph (c) of subsection (3), paragraph (c) of subsection (4) or, as the case may be, paragraph (c) of subsection (4A) would not be met, and
- (b) the disclosure (or partial disclosure) would be consistent with the accused's receiving a fair trial.
- (6) If the court considers that subsection (3), (4) or, as the case may be, (4A) (but not subsection (5)) applies, it may make a section 145 order preventing disclosure of the information.
- (7) If the court considers that subsection (5) applies, it may make a section 145 order requiring the information to be disclosed or partly disclosed to the accused in the manner specified in the order.
- (8) For the purposes of subsection (5) the ways in which the item of information might be disclosed or partly disclosed include in particular—
- (a) providing the information after (whether by redaction or otherwise) removing or obscuring parts of it,
- (b) providing extracts or summaries of the information or part of it.
### Orders preventing or restricting disclosure: Secretary of State
#### Order preventing or restricting disclosure: application by Secretary of State
##### 146
- (1) Where the condition in subsection (2), (3), (4) or (4A) is met in relation to an item of information that the prosecutor proposes to disclose, the Secretary of State may apply to the court for an order under this section (a “section 146 order”) in relation to the item of information.
- (2) The condition is that the prosecutor proposes to disclose to the accused information which the prosecutor is required to disclose by virtue of section 121(2)(b), 123(2)(b), 124(2)(b), 125(4)(b) or 126(6)(b).
- (3) The condition is that the prosecutor proposes to disclose to an appellant or, as the case may be, a person information which the prosecutor is required to disclose by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2).
- (4) The condition is that the prosecutor proposes to disclose to an accused, appellant or person to whom section 136, 137 or 138 applies information which the prosecutor is not required to disclose by virtue of this Part.
- (4A) The condition is that the prosecutor proposes to disclose to a respondent information which the prosecutor is required to disclose by virtue of section 140B(2)(b), 140C(2) or 140D(3)(b).
- (5) If the Secretary of State also makes an application in accordance with subsection (2) or (3) of section 147, the court must comply with subsections (6) and (7) of that section.
- (6) Where an application is made under subsection (1), the court must—
- (a) consider the item of information to which the application relates,
- (b) give the Secretary of State and the prosecutor the opportunity to be heard,
- (c) if the application relates to information which the prosecutor is required to disclose by virtue of subsection (2), (3) or (4A) and a non-attendance order has not been made, give the accused the opportunity to be heard,
- (d) determine—
- (i) where the application for the section 146 order is made by virtue of subsection (2), whether the conditions in subsection (7) apply, ...
- (ii) where the application for the section 146 order is made by virtue of subsection (3) or (4), whether the conditions in subsection (8) apply, or
- (iii) where the application for the section 146 order is made by virtue of subsection (4A), whether the conditions in subsection (8A) apply, and
- (e) if the court determines that the conditions in subsection (7) , (8) or, as the case may be, (8A) apply, determine whether subsection (9) applies.
- (7) The conditions are—
- (a) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (b) that withholding the item of information would be consistent with the accused's receiving a fair trial, and
- (c) that the public interest would be protected only if a section 146 order of the type mentioned in subsection (10) were to be made.
- (8) The conditions are—
- (a) in the case of an application made by virtue of subsection (3), that by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2) the prosecutor is required to disclose an item of information to an appellant or, as the case may be, a person,
- (b) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (c) that withholding the item of information is not inconsistent with the person's having received a fair trial in the proceedings to which the item relates, and
- (d) that the public interest would be protected only if a section 146 order of the type mentioned in subsection (10) were to be made.
- (8A) The conditions are—
- (a) that by virtue of section 140B(2)(b), 140C(2) or 140D(3)(b) the prosecutor is required to disclose an item of information to a respondent,
- (b) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (c) that withholding the item of information is not inconsistent with the respondent's receiving a fair hearing in the 2011 Act proceedings to which the item relates, and
- (d) that the public interest would be protected only if a section 146 order of the type mentioned in subsection (10) were to be made.
- (9) This subsection applies if the court considers that the item of information could be disclosed or partly disclosed in such a way that—
- (a) the condition in paragraph (a) of subsection (7), paragraph (b) of subsection (8) or, as the case may be, paragraph (b) of subsection (8A) would not be met, and
- (b) the disclosure (or partial disclosure) would be consistent with the accused's receiving a fair trial.
- (10) If the court considers that subsection (7), (8) or, as the case may be (8A) (but not subsection (9)) applies, it may make a section 146 order preventing disclosure of the information.
- (11) If the court considers that subsection (9) applies, it may make a section 146 order requiring the information to be disclosed or partly disclosed to the accused in the manner specified in the order.
- (12) For the purposes of subsection (11) the order may in particular specify that—
- (a) the item of information be disclosed after removing or obscuring parts of it (whether by redaction or otherwise),
- (b) extracts or summaries of the item of information (or part of it) be disclosed instead of the item of information.
- (13) In this section and sections 147 to 149—
- “*accused*” includes— where subsection (3) or (4) applies, the appellant or other person to whom the prosecutor is required to disclose the item of information, andwhere subsection (4A) applies, the respondent,
- “*appellant*” has the meaning given by section 132.
#### Application for non-notification order and exclusion order
##### 143
- (1) This section applies where the prosecutor applies for a non-notification order and an exclusion order.
- (2) On receiving the application, the court must appoint a hearing to determine whether a non-notification order should be made.
- “*respondent*” has the meaning given by section 140A.
- (14) In this section and sections 147 to 149, references to the accused's receiving a fair trial include—
- (a) where subsection (3) or (other than in relation to an accused) (4) applies, references to the appellant or other person to whom the prosecutor is required to disclose the item of information having received a fair trial, and
- (b) where subsection (4A) applies, references to the respondent receiving a fair hearing in the 2011 Act proceedings.
#### Application for ancillary orders: Secretary of State
##### 147
- (1) This section applies where the Secretary of State applies for a section 146 order.
- (2) If the application under section 146 relates to solemn proceedings (whether continuing or concluded) or to 2011 Act proceedings, the Secretary of State may also apply to the court for—
- (a) a restricted notification order and a non-attendance order, or
- (b) a non-attendance order (but not a restricted notification order).
- (3) If the application under section 146 relates to summary proceedings (whether continuing or concluded), the Secretary of State may also apply to the court for a non-attendance order.
- (4) A restricted notification order is an order under section 148 prohibiting notice being given to the accused of—
- (a) the making of an application for—
- (i) the section 146 order to which the restricted notification order relates,
- (ii) the restricted notification order, and
- (iii) a non-attendance order, and
- (b) the determination of those applications.
- (5) A non-attendance order is an order under section 148(7) or 149 prohibiting the accused from attending or making representations in proceedings for the determination of the application for the section 146 order to which the non-attendance order relates.
- (6) Subsection (7) applies where the Secretary of State applies—
- (a) by virtue of subsection (2)(a) for a restricted notification order and a non-attendance order, or
- (b) by virtue of subsection (2)(a) or (b) for a non-attendance order.
- (7) Before determining the application for the section 146 order, the court must—
- (a) in accordance with section 148, determine any application for a restricted notification order and a non-attendance order,
- (b) in accordance with section 149, determine any application for a non-attendance order.
#### Application for restricted notification order and non-attendance order
##### 148
- (1) This section applies where by virtue of section 147(2)(a) the Secretary of State applies for a restricted notification order and a non-attendance order.
- (2) On receiving the application, the court must appoint a hearing to determine whether a restricted notification order should be made.
- (3) The accused is not to be notified of—
- (a) the applications for the section 145 order, non-notification order and exclusion order, or
- (a) the applications for the section 146 order, the restricted notification order and the non-attendance order, or
- (b) the hearing appointed under subsection (2).
- (4) The accused is not to be given the opportunity to be heard or be represented at the hearing.
- (5) If, after giving the prosecutor an opportunity to be heard, the court is satisfied that the conditions in subsection (6) are met, the court may make a non-notification order.
- (5) If, after giving the Secretary of State and the prosecutor an opportunity to be heard, the court is satisfied that the conditions in subsection (6) are met, the court may make a restricted notification order.
- (6) Those conditions are—
- (a) that disclosure to the accused of the making of the application for the section 145 order would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of a non-notification order would be consistent with the accused's receiving a fair trial.
- (7) If the court makes a non-notification order it must also make an exclusion order.
- (8) If the court refuses to make a non-notification order the court must appoint a hearing to determine the application for an exclusion order.
- (9) If after giving the prosecutor and, subject to subsection (10), the accused an opportunity to be heard, the court is satisfied that the conditions in subsection (5) of section 144 are met, the court may make an exclusion order under subsection (4) of that section.
- (10) On the application of the prosecutor the court may exclude the accused from the hearing appointed under subsection (8).
- (11) In this section and sections 144 and 145, references to the accused's receiving a fair trial include, where subsection (5) of section 141 applies by virtue of the conditions in subsection (3) of that section being met, references to the appellant or other person to whom the prosecutor is required to disclose the item of information having received a fair trial.
#### Application for exclusion order
##### 144
- (1) This section applies where by virtue of section 142(2)(b) or (3) the prosecutor applies for an exclusion order (but not a non-notification order).
- (2) On receiving the application the court must appoint a hearing.
- (3) On the application of the prosecutor the court may exclude the accused from the hearing.
- (4) If after giving the prosecutor and, subject to subsection (3), the accused an opportunity to be heard on the applications for the exclusion order and the section 145 order to which it relates the court is satisfied that the conditions in subsection (5) are met, the court may make an exclusion order.
- (a) that disclosure to the accused of the making of the application for the section 146 order would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of a restricted notification order would be consistent with the accused's receiving a fair trial.
- (7) If the court makes a restricted notification order, it must also make a non-attendance order.
- (8) If the court refuses to make a restricted notification order, the court must appoint a hearing to determine the application for a non-attendance order.
- (9) If after giving the Secretary of State, the prosecutor and, subject to subsection (10), the accused an opportunity to be heard, the court is satisfied that the conditions in subsection (5) of section 149 are met, the court may make a non-attendance order under subsection (4) of that section.
- (10) On the application of the Secretary of State the court may exclude the accused from the hearing appointed under subsection (8).
#### Application for non-attendance order
##### 149
- (1) This section applies where by virtue of section 147(2)(b) the Secretary of State applies for a non-attendance order (but not a restricted notification order).
- (2) On receiving the application, the court must appoint a hearing.
- (3) On the application of the Secretary of State the court may exclude the accused from the hearing.
- (4) If after giving the Secretary of State, the prosecutor and, if not excluded under subsection (3), the accused an opportunity to be heard the court is satisfied that the conditions in subsection (5) are met, the court may make a non-attendance order.
- (5) Those conditions are—
- (a) that disclosure to the accused of the nature of the information to which the application for the section 145 order relates would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of an exclusion order would be consistent with the accused's receiving a fair trial.
#### Application for section 145 order: determination
##### 145
- (a) that disclosure to the accused of the nature of the information to which the application for the section 146 order relates would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of a non-attendance order would be consistent with the accused's receiving a fair trial.
### Special counsel
#### Special counsel
##### 150
- (1) This section applies where the court is determining—
- (a) an application for a non-notification order,
- (b) an application for an exclusion order,
- (c) an application for a section 145 order,
- (d) an application for a restricted notification order,
- (e) an application for a non-attendance order,
- (f) an application for a section 146 order,
- (g) an application for review of the grant or refusal of any of those orders,
- (h) an appeal relating to any of those orders.
- (2) If the condition in subsection (3) is met, the court may appoint a person (“special counsel”) to represent the interests of the accused in relation to the determination of the application, review or appeal.
- (3) The condition is that the court considers that the appointment of special counsel is necessary to ensure that the accused receives a fair trial.
- (4) Before deciding whether to appoint special counsel in a non-notification case, the court—
- (a) must give the prosecutor an opportunity to be heard, but
- (b) must not give the accused an opportunity to be heard.
- (5) Before deciding whether to appoint special counsel in a restricted notification case, the court—
- (a) must give the prosecutor and the Secretary of State an opportunity to be heard,
- (b) must not give the accused an opportunity to be heard.
- (6) Before deciding whether to appoint special counsel in any case other than a non-notification case or a restricted notification case, the court must give all the parties an opportunity to be heard.
- (7) The prosecutor may appeal to the High Court against a decision of the court not to appoint special counsel in any case.
- (8) The Secretary of State may appeal to the High Court against a decision of the court not to appoint special counsel in a restricted notification case.
- (9) The accused may appeal to the High Court against a decision not to appoint special counsel in any case other than a non-notification case or a restricted notification case.
- (10) In this section and section 152—
- “ *accused* ” includes— appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, andrespondent,
- “*appellant*” has the meaning given by section 132,
- “*non-notification case*” means a case where the court is determining—an application for a non-notification order,an application for review of the grant or refusal of a non-notification order,an appeal relating to such an order,
- “ *respondent* ” has the meaning given by section 140A,
- “*restricted notification case*” means a case where the court is determining—an application for a restricted notification order,an application for review of the grant or refusal of a restricted notification order,an appeal relating to such an order.
#### Persons eligible for appointment as special counsel
##### 151
The court may appoint a person as special counsel under section 150(2) only if the person is a solicitor or advocate.
#### Role of special counsel
##### 152
- (1) Special counsel's duty is, in relation to the determination of the relevant application or appeal, to act in the best interests of the accused with a view only to ensuring that the accused receives a fair trial.
- (2) Special counsel—
- (a) is entitled to see the confidential information, but
- (b) must not disclose any of the confidential information to the accused or the accused's representative (if any).
- (3) Special counsel appointed in a non-notification case or a restricted notification case must not—
- (a) disclose to the accused or the accused's representative (if any) the making of the relevant application or appeal, or
- (b) otherwise communicate with the accused or the accused's representative (if any) about the relevant application or appeal.
- (4) Special counsel appointed in any case other than a non-notification case or a restricted notification case must not communicate with the accused or the accused's representative (if any) about the relevant application or appeal except—
- (a) with the permission of the court, and
- (b) where permission is given, in accordance with such conditions as the court may impose.
- (5) Before deciding whether to grant permission, the court must give—
- (a) the prosecutor, and
- (b) in the case of an application for a section 146 order or a non-attendance order, the Secretary of State,
an opportunity to be heard.
- (5A) In subsection (1), the reference to the accused receiving a fair trial includes reference to the respondent receiving a fair hearing in the 2011 Act proceedings.
- (6) In this section—
- “*the confidential information*” means—the information to which the relevant application or appeal relates, anda copy of the relevant application or appeal,
- “*relevant application or appeal*” means the application or appeal referred to in section 150(1) in respect of which special counsel is appointed.
### Appeals
#### Appeals
##### 153
- (1) The prosecutor may appeal to the High Court against—
- (a) the making of a section 145 order under section 145(7),
- (b) the making of a section 146 order,
- (c) the making of a restricted notification order,
- (d) the making of a non-attendance order,
- (e) the refusal of an application for a non-notification order,
- (f) the refusal of an application for an exclusion order, or
- (g) the refusal of an application for a section 145 order.
- (2) The accused may appeal to the High Court against the making of—
- (a) an exclusion order under section 144(4),
- (b) a section 145 order,
- (c) a section 146 order, or
- (d) a non-attendance order.
- (3) The Secretary of State may appeal to the High Court against—
- (a) the making of a section 146 order under section 146(11),
- (b) the refusal of an application for a restricted notification order,
- (c) the refusal of an application for a non-attendance order, or
- (d) the refusal of an application for a section 146 order.
- (4) If special counsel was appointed in relation to an application for a non-notification order, special counsel may appeal to the High Court against the making of—
- (a) the non-notification order, or
- (b) a section 145 order in relation to the same item of information.
- (5) If special counsel was appointed in relation to an application for a restricted notification order, special counsel may appeal to the High Court against the making of—
- (a) the restricted notification order, or
- (b) a section 146 order in relation to the same item of information.
- (6) An appeal must be lodged not later than 7 days after the decision appealed against.
- (7) The prosecutor is entitled to be heard in any appeal under this section.
- (8) The accused is entitled to be heard in an appeal under—
- (a) subsection (1)(a) or (g) or (2)(b) unless—
- (i) a non-notification order has been made, or
- (ii) an exclusion order has been made,
- (b) subsection (1)(b), (2)(c) or (3)(a) or (d) unless—
- (i) a restricted notification order has been made, or
- (ii) a non-attendance order has been made,
- (c) subsection (1)(d), (2)(d) or (3)(c) unless the court, on the application of the Secretary of State, excludes the accused from the hearing,
- (d) subsection (1)(f) or (2)(a) unless the court, on the application of the prosecutor excludes the accused from the hearing.
- (9) The Secretary of State is entitled to be heard in an appeal under subsection (1)(b), (c) or (d), (2)(c) or (d) or (5).
- (10) In this section—
- “ *accused* ” includes— appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, andrespondent,
- “*appellant*” has the meaning given by section 132.
- “ *respondent* ” has the meaning given by section 140A.
#### Prohibition on disclosure pending determination of certain appeals
##### 154
- (1) Subsection (2) applies where—
- (a) the prosecutor appeals to the High Court under subsection (1)(a), (b) or (g) of section 153, or
- (b) the Secretary of State appeals to the High Court under subsection (3)(a) or (d) of that section.
- (2) Pending the determination or abandonment of the appeal, the prosecutor must not disclose the item of information to which the appeal relates.
### Review of section 145 and 146 orders
#### Review of section 145 order
##### 155
- (1) This section applies where—
- (a) the prosecutor applies for a section 145 order, and
- (b) any application for a non-notification order or an exclusion order has been determined by the court.
- (2) The court must—
- (a) consider the item of information to which the application for a section 145 order relates,
- (b) give the prosecutor and (if the court has not made an exclusion order) the accused the opportunity to be heard, and
- (c) determine—
- (i) where the application for the section 145 order is made by virtue of section 141(2), whether the conditions in subsection (3) apply, or
- (ii) where the application for the section 145 order is made by virtue of section 141(3), whether the conditions in subsection (4) apply, and
- (d) if the court determines that the conditions in subsection (3) or, as the case may be, (4) apply, determine whether subsection (5) applies.
- (3) The conditions are—
- (a) that by virtue of section 121(2)(b), 123(2)(b), 124(2)(b), 125(4)(b) or 126(6)(b) the prosecutor is required to disclose the item of information,
- (b) that section 121(3)(a) or (b) applies to the information,
- (c) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (d) that withholding the item of information would be consistent with the accused's receiving a fair trial, and
- (e) that the public interest would be protected only if a section 145 order were to be made.
- (4) The conditions are—
- (a) that by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2) the prosecutor is required to disclose an item of information to an appellant or, as the case may be, a person,
- (b) where there are proceedings, the information is not likely to form part of the evidence to be led by the prosecutor in the proceedings,
- (c) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (d) that withholding the item of information is not inconsistent with the person's having received a fair trial in the proceedings to which the item relates, and
- (e) that the public interest would be protected only if a section 145 order were to be made.
- (5) This subsection applies if the court considers that the item of information could be disclosed or partly disclosed in such a way that—
- (a) the condition in paragraph (c) of subsection (3) or, as the case may be, paragraph (c) of subsection (4) would not be met, and
- (b) the disclosure (or partial disclosure) would be consistent with the accused's receiving a fair trial.
- (6) If the court considers that subsection (3) or, as the case may be, (4) (but not subsection (5)) applies, it may make a section 145 order preventing disclosure of the information.
- (7) If the court considers that subsection (5) applies, it may make a section 145 order requiring the information to be disclosed or partly disclosed to the accused in the manner specified in the order.
- (8) For the purposes of subsection (5) the ways in which the item of information might be disclosed or partly disclosed include in particular—
- (a) providing the information after (whether by redaction or otherwise) removing or obscuring parts of it,
- (b) providing extracts or summaries of the information or part of it.
### Orders preventing or restricting disclosure: Secretary of State
#### Order preventing or restricting disclosure: application by Secretary of State
##### 146
- (1) Where the condition in subsection (2), (3) or (4) is met in relation to an item of information that the prosecutor proposes to disclose, the Secretary of State may apply to the court for an order under this section (a “section 146 order”) in relation to the item of information.
- (2) The condition is that the prosecutor proposes to disclose to the accused information which the prosecutor is required to disclose by virtue of section 121(2)(b), 123(2)(b), 124(2)(b), 125(4)(b) or 126(6)(b).
- (3) The condition is that the prosecutor proposes to disclose to an appellant or, as the case may be, a person information which the prosecutor is required to disclose by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2).
- (4) The condition is that the prosecutor proposes to disclose to an accused, appellant or person to whom section 136, 137 or 138 applies information which the prosecutor is not required to disclose by virtue of this Part.
- (5) If the Secretary of State also makes an application in accordance with subsection (2) or (3) of section 147, the court must comply with subsections (6) and (7) of that section.
- (6) Where an application is made under subsection (1), the court must—
- (a) consider the item of information to which the application relates,
- (b) give the Secretary of State and the prosecutor the opportunity to be heard,
- (c) if the application relates to information which the prosecutor is required to disclose by virtue of subsection (2) or (3) and a non-attendance order has not been made, give the accused the opportunity to be heard,
- (d) determine—
- (i) where the application for the section 146 order is made by virtue of subsection (2), whether the conditions in subsection (7) apply, or
- (ii) where the application for the section 146 order is made by virtue of subsection (3) or (4), whether the conditions in subsection (8) apply, and
- (e) if the court determines that the conditions in subsection (7) or, as the case may be, (8) apply, determine whether subsection (9) applies.
- (7) The conditions are—
- (a) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (b) that withholding the item of information would be consistent with the accused's receiving a fair trial, and
- (c) that the public interest would be protected only if a section 146 order of the type mentioned in subsection (10) were to be made.
- (8) The conditions are—
- (a) in the case of an application made by virtue of subsection (3), that by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2) the prosecutor is required to disclose an item of information to an appellant or, as the case may be, a person,
- (b) that if the item of information were to be disclosed there would be a real risk of substantial harm or damage to the public interest,
- (c) that withholding the item of information is not inconsistent with the person's having received a fair trial in the proceedings to which the item relates, and
- (d) that the public interest would be protected only if a section 146 order of the type mentioned in subsection (10) were to be made.
- (9) This subsection applies if the court considers that the item of information could be disclosed or partly disclosed in such a way that—
- (a) the condition in paragraph (a) of subsection (7) or, as the case may be, paragraph (b) of subsection (8) would not be met, and
- (b) the disclosure (or partial disclosure) would be consistent with the accused's receiving a fair trial.
- (10) If the court considers that subsection (7) or, as the case may be, (8) (but not subsection (9)) applies, it may make a section 146 order preventing disclosure of the information.
- (11) If the court considers that subsection (9) applies, it may make a section 146 order requiring the information to be disclosed or partly disclosed to the accused in the manner specified in the order.
- (12) For the purposes of subsection (11) the order may in particular specify that—
- (a) the item of information be disclosed after removing or obscuring parts of it (whether by redaction or otherwise),
- (b) extracts or summaries of the item of information (or part of it) be disclosed instead of the item of information.
- (13) In this section and sections 147 to 149—
- “*accused*” includes, where subsection (3) or (4) applies, the appellant or other person to whom the prosecutor is required to disclose the item of information,
- (a) the court makes a section 145 order, and
- (b) during the relevant period the prosecutor or the accused becomes aware of information that was unavailable to the court at the time when the order was made.
- (2) The prosecutor or, as the case may be, special counsel or the accused may apply to the court to review the section 145 order.
- (3) Except in the case mentioned in subsection (4), the same persons are entitled to be heard on the application for review as were entitled to be heard on the application for the section 145 order.
- (4) If—
- (a) a non-notification order was granted in relation to the section 145 order which is under review, and
- (b) the court is satisfied that the conditions in section 143(6) are met,
the court may, where the prosecutor or, as the case may be, special counsel applies for the review, make an order prohibiting notification being given to the accused of the application for review.
- (5) If—
- (a) an exclusion order was granted in relation to the section 145 order which is under review, and
- (b) the court is satisfied that the conditions in section 144(5) are met,
the court may, where the prosecutor or, as the case may be, special counsel or the accused applies for the review, exclude the accused from the review.
- (6) If the court is not satisfied that the conditions mentioned in section 145(3) or (4A) are met, the court may—
- (a) recall the section 145 order, or
- (b) recall the section 145 order and make an order requiring disclosure to the specified extent.
- (7) Nothing in this section affects any right of appeal in relation to the section 145 order.
- (8) In this section—
- “*accused*” includes— appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, andrespondent,
- “*relevant period*”, in relation to an accused, means the period—beginning with the making of the section 145 order, andending with the conclusion of the proceedings against the accused,
- “*respondent*” has the meaning given by section 140A,
- “*specified*” means specified in the order of the court.
- (9) For the purposes of this section, proceedings against an accused are to be taken to be concluded if—
- (a) a plea of guilty is recorded against the accused,
- (b) the accused is acquitted,
- (c) the proceedings against the accused are deserted simpliciter,
- (d) the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,
- (e) the proceedings are deserted *pro loco et tempore* for any reason and no further trial diet is appointed,
- (f) the indictment falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation,
- (g) any appeal by the prosecutor is determined or abandoned, ...
- (h) the accused is convicted and any appeal is determined or abandoned , or
- (i) the 2011 Act proceedings are disposed of or abandoned.
- (10) In its application to proceedings against an appellant or other person, subsection (9) is to be read as if paragraphs (a) to (f) were omitted.
- (11) In its application to proceedings involving a respondent, subsection (9) is to be read as if paragraphs (a) to (h) were omitted.
#### Review of section 146 order
##### 156
- (1) This section applies where—
- (a) the court makes a section 146 order, and
- (b) during the relevant period the Secretary of State, the prosecutor, special counsel or the accused becomes aware of information that was unavailable to the court at the time when the order was made.
- (2) The Secretary of State or, as the case may be, the prosecutor, special counsel or the accused may apply to the court to review the order.
- (3) Except in the case mentioned in subsection (4), the same persons are entitled to be heard on the application for review as were entitled to be heard on the application for the order.
- (4) If—
- (a) a restricted notification order was granted in relation to the order which is under review, and
- (b) the court is satisfied that the conditions in section 148(6) are met,
the court may, where the Secretary of State or, as the case may be, the prosecutor or special counsel applies for the review, make an order prohibiting notification of the application for review being given to the accused.
- (5) If—
- (a) a non-attendance order was granted in relation to the order which is under review, and
- (b) the court is satisfied that the conditions in section 149(5) are met,
the court may, where the Secretary of State or, as the case may be, the prosecutor, special counsel or the accused applies for the review, exclude the accused from the review.
- (6) If the court is not satisfied that the conditions mentioned in section 146(7) are met, the court may—
- (a) recall the order which is under review, or
- (b) recall the order which is under review and make an order requiring the information to be disclosed or partly disclosed to the accused in the specified manner.
- (7) Nothing in this section affects any right of appeal in relation to the order which is under review.
- (8) In this section—
- “ *accused* ” includes— appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, andrespondent,
- “*appellant*” has the meaning given by section 132,
- “*relevant period*”, in relation to an accused, means the period—beginning with the making of the section 146 order, andending with the conclusion of the proceedings against the accused,
- “ *respondent* ” has the meaning given by section 140A,
- “*specified*” means specified in the order of the court.
- (9) For the purposes of this section, proceedings against an accused are to be taken to be concluded if—
- (a) a plea of guilty is recorded against the accused,
- (b) the accused is acquitted,
- (c) the proceedings against the accused are deserted simpliciter,
- (d) the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,
- (e) the proceedings are deserted *pro loco et tempore* for any reason and no further trial diet is appointed,
- (f) the indictment falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation,
- (g) any appeal by the prosecutor is determined or abandoned, ...
- (h) the accused is convicted and any appeal is determined or abandoned or
- (i) the 2011 Act proceedings are disposed of or abandoned.
- (10) In its application to proceedings against an appellant or other person, subsection (9) is to be read as if paragraphs (a) to (f) were omitted.
- (11) In its application to proceedings involving a respondent, subsection (9) is to be read as if paragraphs (a) to (h) were omitted.
#### Review by court of section 145 and 146 orders
##### 157
- (1) This section applies where the court makes a section 145 order or a section 146 order.
- (2) During the relevant period, the court must from time to time consider in relation to each order whether, having regard to the information of which the court is aware, the order concerned continues to be appropriate.
- (3) If the court considers that the order concerned might no longer be appropriate, the court must appoint a hearing to review the matter.
- (4) In this section, “*relevant period*” has the same meaning as in section 155(8).
### Applications and reviews: general
#### Applications and reviews: general provisions
##### 158
- (1) Subsection (3) applies in relation to—
- (a) an application for an order mentioned in subsection (2), and
- (b) a review relating to such an order.
- (2) The orders are—
- (a) a non-notification order,
- (b) an exclusion order,
- (c) a section 145 order,
- (d) a restricted notification order,
- (e) a non-attendance order,
- (f) a section 146 order.
- (3) Except where it is impracticable to do so, the application or review is to be assigned in accordance with subsection (4).
- (4) The application or, as the case may be, review is to be assigned—
- (a) if the proceedings against the accused to which the application or review relates are continuing (or have concluded and there are no appellate proceedings), to the same justice of the peace, sheriff or, as the case may be, judge as has been (or is to be or was) assigned to the trial diet in those proceedings,
- (b) if the appellate proceedings to which the application or review relates are continuing, to the same judge as has been (or is to be) assigned to those proceedings.
- (c) if the 2011 Act proceedings to which the application or review relates are continuing, to the same judge or judges as have been (or are to be) assigned to those proceedings.
- (5) The accused, appellant, other person or, as the case may be, respondent to whom the order relates is not entitled to see or be made aware of the contents of an application for—
- (a) an order mentioned in subsection (2),
- (b) a review relating to such an order made by the prosecutor, the Secretary of State or special counsel.
- (6) In this section—
- “appellant” and “appellate proceedings” have the meanings given by section 132,
- “ *respondent* ” has the meaning given by section 140A.
- (7) The reference in subsection (4)(a) to proceedings against the accused includes a reference to an appeal by the prosecutor against an acquittal.
### General
#### Exemptions from disclosure
##### 159
Information must not be disclosed by virtue of this Part to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 (c.23).
#### Means of disclosure
##### 160
- (1) This section applies where by virtue of this Part the prosecutor is required to disclose information to an accused.
- (2) The prosecutor may disclose the information by any means.
- (3) In particular, the prosecutor may disclose the information by enabling the accused to inspect it at a reasonable time and in a reasonable place.
- (4) Subsection (5) applies if the information is contained in—
- (a) a precognition,
- (b) a victim statement,
- (c) a statement given by a person whom the prosecutor does not intend to call to give evidence in the proceedings, or
- (d) where the proceedings relating to the accused are summary proceedings, a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings.
- (5) In complying with the requirement, the prosecutor need not disclose the precognition or, as the case may be, statement.
- (6) Subsection (7) applies where the proceedings relating to the accused are solemn proceedings and—
- (a) the information is contained in a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings, or
- (b) the information is contained in a statement and the prosecutor intends to apply under section 259 of the 1995 Act to have evidence of the statement admitted in the proceedings.
- (7) In complying with the requirement, the prosecutor must disclose a copy of the statement (but subsections (2) and (3) continue to apply).
- (8) This section is subject to any provision made by an order under section 145(7), 146(11), 155(6) or 156(6).
- (9) In this section—
- “ *accused* ” includes— appellant or, in any case relating to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, andrespondent,
- “*appellant*” has the meaning given by section 132.
- (14) In this section and sections 147 to 149, references to the accused's receiving a fair trial include, where subsection (3) or (other than in relation to an accused) (4) applies, references to the appellant or other person to whom the prosecutor is required to disclose the item of information having received a fair trial.
#### Application for ancillary orders: Secretary of State
##### 147
- (1) This section applies where the Secretary of State applies for a section 146 order.
- (2) If the application under section 146 relates to solemn proceedings (whether continuing or concluded), the Secretary of State may also apply to the court for—
- (a) a restricted notification order and a non-attendance order, or
- (b) a non-attendance order (but not a restricted notification order).
- (3) If the application under section 146 relates to summary proceedings (whether continuing or concluded), the Secretary of State may also apply to the court for a non-attendance order.
- (4) A restricted notification order is an order under section 148 prohibiting notice being given to the accused of—
- (a) the making of an application for—
- (i) the section 146 order to which the restricted notification order relates,
- (ii) the restricted notification order, and
- (iii) a non-attendance order, and
- (b) the determination of those applications.
- (5) A non-attendance order is an order under section 148(7) or 149 prohibiting the accused from attending or making representations in proceedings for the determination of the application for the section 146 order to which the non-attendance order relates.
- (6) Subsection (7) applies where the Secretary of State applies—
- (a) by virtue of subsection (2)(a) for a restricted notification order and a non-attendance order, or
- (b) by virtue of subsection (2)(a) or (b) for a non-attendance order.
- (7) Before determining the application for the section 146 order, the court must—
- (a) in accordance with section 148, determine any application for a restricted notification order and a non-attendance order,
- (b) in accordance with section 149, determine any application for a non-attendance order.
#### Application for restricted notification order and non-attendance order
##### 148
- (1) This section applies where by virtue of section 147(2)(a) the Secretary of State applies for a restricted notification order and a non-attendance order.
- (2) On receiving the application, the court must appoint a hearing to determine whether a restricted notification order should be made.
- (3) The accused is not to be notified of—
- (a) the applications for the section 146 order, the restricted notification order and the non-attendance order, or
- (b) the hearing appointed under subsection (2).
- (4) The accused is not to be given the opportunity to be heard or be represented at the hearing.
- (5) If, after giving the Secretary of State and the prosecutor an opportunity to be heard, the court is satisfied that the conditions in subsection (6) are met, the court may make a restricted notification order.
- (6) Those conditions are—
- (a) that disclosure to the accused of the making of the application for the section 146 order would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of a restricted notification order would be consistent with the accused's receiving a fair trial.
- (7) If the court makes a restricted notification order, it must also make a non-attendance order.
- (8) If the court refuses to make a restricted notification order, the court must appoint a hearing to determine the application for a non-attendance order.
- (9) If after giving the Secretary of State, the prosecutor and, subject to subsection (10), the accused an opportunity to be heard, the court is satisfied that the conditions in subsection (5) of section 149 are met, the court may make a non-attendance order under subsection (4) of that section.
- (10) On the application of the Secretary of State the court may exclude the accused from the hearing appointed under subsection (8).
#### Application for non-attendance order
##### 149
- (1) This section applies where by virtue of section 147(2)(b) the Secretary of State applies for a non-attendance order (but not a restricted notification order).
- (2) On receiving the application, the court must appoint a hearing.
- (3) On the application of the Secretary of State the court may exclude the accused from the hearing.
- (4) If after giving the Secretary of State, the prosecutor and, if not excluded under subsection (3), the accused an opportunity to be heard the court is satisfied that the conditions in subsection (5) are met, the court may make a non-attendance order.
- (5) Those conditions are—
- (a) that disclosure to the accused of the nature of the information to which the application for the section 146 order relates would be likely to cause a real risk of substantial harm or damage to the public interest, and
- (b) that, having regard to all the circumstances, the making of a non-attendance order would be consistent with the accused's receiving a fair trial.
### Special counsel
#### Special counsel
##### 150
- (1) This section applies where the court is determining—
- (a) an application for a non-notification order,
- (b) an application for an exclusion order,
- (c) an application for a section 145 order,
- (d) an application for a restricted notification order,
- (e) an application for a non-attendance order,
- (f) an application for a section 146 order,
- (g) an application for review of the grant or refusal of any of those orders,
- (h) an appeal relating to any of those orders.
- (2) If the condition in subsection (3) is met, the court may appoint a person (“special counsel”) to represent the interests of the accused in relation to the determination of the application, review or appeal.
- (3) The condition is that the court considers that the appointment of special counsel is necessary to ensure that the accused receives a fair trial.
- (4) Before deciding whether to appoint special counsel in a non-notification case, the court—
- (a) must give the prosecutor an opportunity to be heard, but
- (b) must not give the accused an opportunity to be heard.
- (5) Before deciding whether to appoint special counsel in a restricted notification case, the court—
- (a) must give the prosecutor and the Secretary of State an opportunity to be heard,
- (b) must not give the accused an opportunity to be heard.
- (6) Before deciding whether to appoint special counsel in any case other than a non-notification case or a restricted notification case, the court must give all the parties an opportunity to be heard.
- (7) The prosecutor may appeal to the High Court against a decision of the court not to appoint special counsel in any case.
- (8) The Secretary of State may appeal to the High Court against a decision of the court not to appoint special counsel in a restricted notification case.
- (9) The accused may appeal to the High Court against a decision not to appoint special counsel in any case other than a non-notification case or a restricted notification case.
- (10) In this section and section 152—
- “*accused*” includes appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “*appellant*” has the meaning given by section 132,
- “*non-notification case*” means a case where the court is determining—an application for a non-notification order,an application for review of the grant or refusal of a non-notification order,an appeal relating to such an order,
- “*restricted notification case*” means a case where the court is determining—an application for a restricted notification order,an application for review of the grant or refusal of a restricted notification order,an appeal relating to such an order.
#### Persons eligible for appointment as special counsel
##### 151
The court may appoint a person as special counsel under section 150(2) only if the person is a solicitor or advocate.
#### Role of special counsel
##### 152
- (1) Special counsel's duty is, in relation to the determination of the relevant application or appeal, to act in the best interests of the accused with a view only to ensuring that the accused receives a fair trial.
- (2) Special counsel—
- (a) is entitled to see the confidential information, but
- (b) must not disclose any of the confidential information to the accused or the accused's representative (if any).
- (3) Special counsel appointed in a non-notification case or a restricted notification case must not—
- (a) disclose to the accused or the accused's representative (if any) the making of the relevant application or appeal, or
- (b) otherwise communicate with the accused or the accused's representative (if any) about the relevant application or appeal.
- (4) Special counsel appointed in any case other than a non-notification case or a restricted notification case must not communicate with the accused or the accused's representative (if any) about the relevant application or appeal except—
- (a) with the permission of the court, and
- (b) where permission is given, in accordance with such conditions as the court may impose.
- (5) Before deciding whether to grant permission, the court must give—
- (a) the prosecutor, and
- (b) in the case of an application for a section 146 order or a non-attendance order, the Secretary of State,
an opportunity to be heard.
- (6) In this section—
- “*the confidential information*” means—the information to which the relevant application or appeal relates, anda copy of the relevant application or appeal,
- “*relevant application or appeal*” means the application or appeal referred to in section 150(1) in respect of which special counsel is appointed.
### Appeals
#### Appeals
##### 153
- (1) The prosecutor may appeal to the High Court against—
- (a) the making of a section 145 order under section 145(7),
- (b) the making of a section 146 order,
- (c) the making of a restricted notification order,
- (d) the making of a non-attendance order,
- (e) the refusal of an application for a non-notification order,
- (f) the refusal of an application for an exclusion order, or
- (g) the refusal of an application for a section 145 order.
- (2) The accused may appeal to the High Court against the making of—
- (a) an exclusion order under section 144(4),
- (b) a section 145 order,
- (c) a section 146 order, or
- (d) a non-attendance order.
- (3) The Secretary of State may appeal to the High Court against—
- (a) the making of a section 146 order under section 146(11),
- (b) the refusal of an application for a restricted notification order,
- (c) the refusal of an application for a non-attendance order, or
- (d) the refusal of an application for a section 146 order.
- (4) If special counsel was appointed in relation to an application for a non-notification order, special counsel may appeal to the High Court against the making of—
- (a) the non-notification order, or
- (b) a section 145 order in relation to the same item of information.
- (5) If special counsel was appointed in relation to an application for a restricted notification order, special counsel may appeal to the High Court against the making of—
- (a) the restricted notification order, or
- (b) a section 146 order in relation to the same item of information.
- (6) An appeal must be lodged not later than 7 days after the decision appealed against.
- (7) The prosecutor is entitled to be heard in any appeal under this section.
- (8) The accused is entitled to be heard in an appeal under—
- (a) subsection (1)(a) or (g) or (2)(b) unless—
- (i) a non-notification order has been made, or
- (ii) an exclusion order has been made,
- (b) subsection (1)(b), (2)(c) or (3)(a) or (d) unless—
- (i) a restricted notification order has been made, or
- (ii) a non-attendance order has been made,
- (c) subsection (1)(d), (2)(d) or (3)(c) unless the court, on the application of the Secretary of State, excludes the accused from the hearing,
- (d) subsection (1)(f) or (2)(a) unless the court, on the application of the prosecutor excludes the accused from the hearing.
- (9) The Secretary of State is entitled to be heard in an appeal under subsection (1)(b), (c) or (d), (2)(c) or (d) or (5).
- (10) In this section—
- “*accused*” includes appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “*appellant*” has the meaning given by section 132.
#### Prohibition on disclosure pending determination of certain appeals
##### 154
- “ *respondent* ” has the meaning given by section 140A.
#### Redaction of non-disclosable information by prosecutor
##### 161
- (1) Subsection (2) applies where—
- (a) the prosecutor appeals to the High Court under subsection (1)(a), (b) or (g) of section 153, or
- (b) the Secretary of State appeals to the High Court under subsection (3)(a) or (d) of that section.
- (2) Pending the determination or abandonment of the appeal, the prosecutor must not disclose the item of information to which the appeal relates.
### Review of section 145 and 146 orders
#### Review of section 145 order
##### 155
- (1) This section applies where—
- (a) the court makes a section 145 order, and
- (b) during the relevant period the prosecutor or the accused becomes aware of information that was unavailable to the court at the time when the order was made.
- (2) The prosecutor or, as the case may be, special counsel or the accused may apply to the court to review the section 145 order.
- (3) Except in the case mentioned in subsection (4), the same persons are entitled to be heard on the application for review as were entitled to be heard on the application for the section 145 order.
- (4) If—
- (a) a non-notification order was granted in relation to the section 145 order which is under review, and
- (b) the court is satisfied that the conditions in section 143(6) are met,
the court may, where the prosecutor or, as the case may be, special counsel applies for the review, make an order prohibiting notification being given to the accused of the application for review.
- (5) If—
- (a) an exclusion order was granted in relation to the section 145 order which is under review, and
- (b) the court is satisfied that the conditions in section 144(5) are met,
the court may, where the prosecutor or, as the case may be, special counsel or the accused applies for the review, exclude the accused from the review.
- (6) If the court is not satisfied that the conditions mentioned in section 145(3) are met, the court may—
- (a) recall the section 145 order, or
- (b) recall the section 145 order and make an order requiring disclosure to the specified extent.
- (7) Nothing in this section affects any right of appeal in relation to the section 145 order.
- (a) by virtue of this Part the prosecutor is required to disclose an item of information (the “disclosable information”), and
- (b) the disclosable information forms part of, or contains, other information (the “non-disclosable information”) which the prosecutor is not required to disclose by virtue of this Part.
- (2) Before disclosing the disclosable information, the prosecutor may (whether by redaction or otherwise) remove or obscure the non-disclosable information.
#### Confidentiality of disclosed information
##### 162
- (1) This section applies where by virtue of this Part the prosecutor discloses information to an accused.
- (2) The accused must not use or disclose the information or anything recorded in it other than in accordance with subsection (3).
- (3) The accused may use or disclose the information—
- (a) for the purposes of the proper preparation and presentation of the accused's case in the proceedings in relation to which the information was disclosed (“the original proceedings”),
- (b) with a view to the taking of an appeal in relation to the matter giving rise to the original proceedings,
- (c) for the purposes of the proper preparation and presentation of the accused's case in any such appeal.
- (4) A person to whom information is disclosed by virtue of subsection (3) must not use or disclose the information or anything recorded in it other than for the purpose for which it was disclosed.
- (5) If despite subsection (2) the accused discloses the information or anything recorded in it other than in accordance with subsection (3), a person to whom information is disclosed must not use or disclose the information or anything recorded in it.
- (6) Subsections (2), (4) and (5) do not apply in relation to the use or disclosure of information which is in the public domain at the time of the use or disclosure.
- (7) In subsection (3) “*appeal*” includes—
- (a) the reference of a case to the High Court of Justiciary by the Scottish Criminal Cases Review Commission under section 194B of the 1995 Act,
- (b) a petition to the *nobile officium*,
- (c) proceedings in the European Court of Human Rights.
- (8) In this section—
- “*accused*” includes appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “*appellant*” has the meaning given by section 132,
- “*relevant period*”, in relation to an accused, means the period—beginning with the making of the section 145 order, andending with the conclusion of the proceedings against the accused,
- “*specified*” means specified in the order of the court.
- (9) For the purposes of this section, proceedings against an accused are to be taken to be concluded if—
- (a) a plea of guilty is recorded against the accused,
- (b) the accused is acquitted,
- (c) the proceedings against the accused are deserted simpliciter,
- (d) the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,
- (e) the proceedings are deserted *pro loco et tempore* for any reason and no further trial diet is appointed,
- (f) the indictment falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation,
- (g) any appeal by the prosecutor is determined or abandoned, or
- (h) the accused is convicted and any appeal is determined or abandoned.
- (10) In its application to proceedings against an appellant or other person, subsection (9) is to be read as if paragraphs (a) to (f) were omitted.
#### Review of section 146 order
##### 156
- (1) This section applies where—
- (a) the court makes a section 146 order, and
- (b) during the relevant period the Secretary of State, the prosecutor, special counsel or the accused becomes aware of information that was unavailable to the court at the time when the order was made.
- (2) The Secretary of State or, as the case may be, the prosecutor, special counsel or the accused may apply to the court to review the order.
- (3) Except in the case mentioned in subsection (4), the same persons are entitled to be heard on the application for review as were entitled to be heard on the application for the order.
- (4) If—
- (a) a restricted notification order was granted in relation to the order which is under review, and
- (b) the court is satisfied that the conditions in section 148(6) are met,
the court may, where the Secretary of State or, as the case may be, the prosecutor or special counsel applies for the review, make an order prohibiting notification of the application for review being given to the accused.
- (5) If—
- (a) a non-attendance order was granted in relation to the order which is under review, and
- (b) the court is satisfied that the conditions in section 149(5) are met,
the court may, where the Secretary of State or, as the case may be, the prosecutor, special counsel or the accused applies for the review, exclude the accused from the review.
- (6) If the court is not satisfied that the conditions mentioned in section 146(7) are met, the court may—
- (a) recall the order which is under review, or
- (b) recall the order which is under review and make an order requiring the information to be disclosed or partly disclosed to the accused in the specified manner.
- (7) Nothing in this section affects any right of appeal in relation to the order which is under review.
- “ *accused* ” includes— where information is disclosed by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2), the appellant or, as the case may be, person to whom the prosecutor is required to disclose the information, andwhere information is disclosed by virtue of section 140B(2)(b), 140C(2) or 140D(3)(b), the respondent,
- “ *respondent* ” has the meaning given by section 140A.
- (9) Nothing in this section affects any other restriction or prohibition on the use or disclosure of information, whether the restriction or prohibition arises by virtue of an enactment (whenever passed or made) or otherwise.
#### Contravention of section 162
##### 163
- (1) A person who knowingly uses or discloses information in contravention of section 162 commits an offence.
- (2) A person guilty of an offence under subsection (1) is liable—
- (a) on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both,
- (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both.
#### Code of practice
##### 164
- (1) The Lord Advocate—
- (a) must issue a code of practice providing guidance about this Part, and
- (b) may from time to time revise the code for the time being in force.
- (2) The persons mentioned in subsection (3) must have regard to the code of practice for the time being in force in carrying out their functions in relation to the investigation and reporting of crime and sudden deaths.
- (3) Those persons are—
- (a) police forces,
- (b) prosecutors,
- (c) such other persons who—
- (i) engage (to any extent) in the investigation of crime or sudden deaths, and
- (ii) submit reports relating to those investigations to the procurator fiscal,
as the Scottish Ministers may prescribe by regulations.
- (4) The Lord Advocate must lay before the Scottish Parliament any code or revised code issued under this section.
#### Acts of Adjournal
##### 165
The High Court may by Act of Adjournal make such rules as it considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Part.
#### Abolition of common law rules about disclosure
##### 166
- (1) The provisions of this Part replace any equivalent common law rules about disclosure of information by the prosecutor in connection with criminal proceedings.
- (2) The common law rules about disclosure of information by the prosecutor in connection with criminal proceedings are abolished in so far as they are replaced by or are inconsistent with the provisions of this Part.
- (3) Sections 128, 139 and 140E do not affect any right under the common law of an accused, appellant or respondent to seek disclosure or recovery of information by or from the prosecutor by means of a procedure other than an application under one or other of those sections.
- (4) Subsection (5) applies where, following an application (the “earlier disclosure application”) by the accused, the appellant or the respondent under section 128, 139 or 140E, the court has made a ruling that (as the case may be)—
- (a) section 121(3) does not apply to information, ...
- (b) information does not fall within section 133(3), or
- (c) information does not fall within section 140B(3).
- (5) The accused, the appellant or, as the case may be, the respondent is not entitled to seek the disclosure or recovery of the same information by or from the prosecutor by means of any other procedure at common law on grounds that are substantially the same as any of those on which the earlier disclosure application was made.
- (6) Subsection (7) applies where, following an application (the “earlier common law application”) by the accused or the respondent under a procedure other than an application under section 128, 139 or 140E, the court has decided not to make an order for the recovery or disclosure of information by or from the prosecutor.
- (7) The accused, the appellant or, as the case may be, the respondent is not entitled to make an application under section 128, 139 or 140E in relation to the same information on grounds that are substantially the same as any of those on which the earlier common law application was made.
- (8) In this section—
- “*accused*” includes appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “*appellant*” has the meaning given by section 132,
- “*relevant period*”, in relation to an accused, means the period—beginning with the making of the section 146 order, andending with the conclusion of the proceedings against the accused,
- “*specified*” means specified in the order of the court.
- (9) For the purposes of this section, proceedings against an accused are to be taken to be concluded if—
- (a) a plea of guilty is recorded against the accused,
- (b) the accused is acquitted,
- (c) the proceedings against the accused are deserted simpliciter,
- (d) the accused is convicted and does not appeal against the conviction before the expiry of the time allowed for such an appeal,
- (e) the proceedings are deserted *pro loco et tempore* for any reason and no further trial diet is appointed,
- (f) the indictment falls or is for any other reason not brought to trial, the diet is not continued, adjourned or postponed and no further proceedings are in contemplation,
- (g) any appeal by the prosecutor is determined or abandoned, or
- (h) the accused is convicted and any appeal is determined or abandoned.
- (10) In its application to proceedings against an appellant or other person, subsection (9) is to be read as if paragraphs (a) to (f) were omitted.
#### Review by court of section 145 and 146 orders
##### 157
- (1) This section applies where the court makes a section 145 order or a section 146 order.
- (2) During the relevant period, the court must from time to time consider in relation to each order whether, having regard to the information of which the court is aware, the order concerned continues to be appropriate.
- (3) If the court considers that the order concerned might no longer be appropriate, the court must appoint a hearing to review the matter.
- (4) In this section, “*relevant period*” has the same meaning as in section 155(8).
### Applications and reviews: general
#### Applications and reviews: general provisions
##### 158
- (1) Subsection (3) applies in relation to—
- (a) an application for an order mentioned in subsection (2), and
- (b) a review relating to such an order.
- (2) The orders are—
- (a) a non-notification order,
- (b) an exclusion order,
- (c) a section 145 order,
- (d) a restricted notification order,
- (e) a non-attendance order,
- (f) a section 146 order.
- (3) Except where it is impracticable to do so, the application or review is to be assigned in accordance with subsection (4).
- (4) The application or, as the case may be, review is to be assigned—
- (a) if the proceedings against the accused to which the application or review relates are continuing (or have concluded and there are no appellate proceedings), to the same justice of the peace, sheriff or, as the case may be, judge as has been (or is to be or was) assigned to the trial diet in those proceedings,
- (b) if the appellate proceedings to which the application or review relates are continuing, to the same judge as has been (or is to be) assigned to those proceedings.
- (5) The accused, appellant or, as the case may be, other person to whom the order relates is not entitled to see or be made aware of the contents of an application for—
- (a) an order mentioned in subsection (2),
- (b) a review relating to such an order made by the prosecutor, the Secretary of State or special counsel.
- (6) In this section, “appellant” and “appellate proceedings” have the meanings given by section 132.
- (7) The reference in subsection (4)(a) to proceedings against the accused includes a reference to an appeal by the prosecutor against an acquittal.
### General
#### Exemptions from disclosure
##### 159
Information must not be disclosed by virtue of this Part to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 (c.23).
#### Means of disclosure
##### 160
- (1) This section applies where by virtue of this Part the prosecutor is required to disclose information to an accused.
- (2) The prosecutor may disclose the information by any means.
- (3) In particular, the prosecutor may disclose the information by enabling the accused to inspect it at a reasonable time and in a reasonable place.
- (4) Subsection (5) applies if the information is contained in—
- (a) a precognition,
- (b) a victim statement,
- (c) a statement given by a person whom the prosecutor does not intend to call to give evidence in the proceedings, or
- (d) where the proceedings relating to the accused are summary proceedings, a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings.
- (5) In complying with the requirement, the prosecutor need not disclose the precognition or, as the case may be, statement.
- (6) Subsection (7) applies where the proceedings relating to the accused are solemn proceedings and—
- (a) the information is contained in a statement given by a person whom the prosecutor intends to call to give evidence in the proceedings, or
- (b) the information is contained in a statement and the prosecutor intends to apply under section 259 of the 1995 Act to have evidence of the statement admitted in the proceedings.
- (7) In complying with the requirement, the prosecutor must disclose a copy of the statement (but subsections (2) and (3) continue to apply).
- (8) This section is subject to any provision made by an order under section 145(7), 146(11), 155(6) or 156(6).
- (9) In this section—
- “*accused*” includes appellant or, in any case relating to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “*appellant*” has the meaning given by section 132.
#### Redaction of non-disclosable information by prosecutor
##### 161
- (1) Subsection (2) applies where—
- (a) by virtue of this Part the prosecutor is required to disclose an item of information (the “disclosable information”), and
- (b) the disclosable information forms part of, or contains, other information (the “non-disclosable information”) which the prosecutor is not required to disclose by virtue of this Part.
- (2) Before disclosing the disclosable information, the prosecutor may (whether by redaction or otherwise) remove or obscure the non-disclosable information.
#### Confidentiality of disclosed information
##### 162
- (1) This section applies where by virtue of this Part the prosecutor discloses information to an accused.
- (2) The accused must not use or disclose the information or anything recorded in it other than in accordance with subsection (3).
- (3) The accused may use or disclose the information—
- (a) for the purposes of the proper preparation and presentation of the accused's case in the proceedings in relation to which the information was disclosed (“the original proceedings”),
- (b) with a view to the taking of an appeal in relation to the matter giving rise to the original proceedings,
- (c) for the purposes of the proper preparation and presentation of the accused's case in any such appeal.
- (4) A person to whom information is disclosed by virtue of subsection (3) must not use or disclose the information or anything recorded in it other than for the purpose for which it was disclosed.
- (5) If despite subsection (2) the accused discloses the information or anything recorded in it other than in accordance with subsection (3), a person to whom information is disclosed must not use or disclose the information or anything recorded in it.
- (6) Subsections (2), (4) and (5) do not apply in relation to the use or disclosure of information which is in the public domain at the time of the use or disclosure.
- (7) In subsection (3) “*appeal*” includes—
- (a) the reference of a case to the High Court of Justiciary by the Scottish Criminal Cases Review Commission under section 194B of the 1995 Act,
- (b) a petition to the *nobile officium*,
- (c) proceedings in the European Court of Human Rights.
- (8) In this section, “*accused*” includes, where information is disclosed by virtue of section 133(2)(b), 134(2)(b), 135(3)(b), 136(2), 137(2) or 138(2), the appellant or, as the case may be, person to whom the prosecutor is required to disclose the information.
- (9) Nothing in this section affects any other restriction or prohibition on the use or disclosure of information, whether the restriction or prohibition arises by virtue of an enactment (whenever passed or made) or otherwise.
#### Contravention of section 162
##### 163
- (1) A person who knowingly uses or discloses information in contravention of section 162 commits an offence.
- (2) A person guilty of an offence under subsection (1) is liable—
- (a) on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both,
- (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or to both.
#### Code of practice
##### 164
- (1) The Lord Advocate—
- (a) must issue a code of practice providing guidance about this Part, and
- (b) may from time to time revise the code for the time being in force.
- (2) The persons mentioned in subsection (3) must have regard to the code of practice for the time being in force in carrying out their functions in relation to the investigation and reporting of crime and sudden deaths.
- (3) Those persons are—
- (a) police forces,
- (b) prosecutors,
- (c) such other persons who—
- (i) engage (to any extent) in the investigation of crime or sudden deaths, and
- (ii) submit reports relating to those investigations to the procurator fiscal,
as the Scottish Ministers may prescribe by regulations.
- (4) The Lord Advocate must lay before the Scottish Parliament any code or revised code issued under this section.
#### Acts of Adjournal
##### 165
The High Court may by Act of Adjournal make such rules as it considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Part.
#### Abolition of common law rules about disclosure
##### 166
- (1) The provisions of this Part replace any equivalent common law rules about disclosure of information by the prosecutor in connection with criminal proceedings.
- (2) The common law rules about disclosure of information by the prosecutor in connection with criminal proceedings are abolished in so far as they are replaced by or are inconsistent with the provisions of this Part.
- (3) Sections 128 and 139 do not affect any right under the common law of an accused or appellant to seek disclosure or recovery of information by or from the prosecutor by means of a procedure other than an application under one or other of those sections.
- (4) Subsection (5) applies where, following an application (the “earlier disclosure application”) by the accused or the appellant under section 128 or 139, the court has made a ruling that (as the case may be)—
- (a) section 121(3) does not apply to information, or
- (b) information does not fall within section 133(3).
- (5) The accused or, as the case may be, the appellant, is not entitled to seek the disclosure or recovery of the same information by or from the prosecutor by means of any other procedure at common law on grounds that are substantially the same as any of those on which the earlier disclosure application was made.
- (6) Subsection (7) applies where, following an application (the “earlier common law application”) by the accused under a procedure other than an application under section 128 or 139, the court has decided not to make an order for the recovery or disclosure of information by or from the prosecutor.
- (7) The accused or, as the case may be, the appellant is not entitled to make an application under section 128 or 139 in relation to the same information on grounds that are substantially the same as any of those on which the earlier common law application was made.
- (8) In this section, “*appellant*” has the meaning given by section 132.
- “ *appellant* ” has the meaning given by section 132,
- “*respondent*” has the meaning given by section 140A.
### Interpretation of Part 6
@@ -6788,7 +6878,7 @@
- (i) section 129(6).
- (3) References in the following sections to the accused or the appellant or other person include references to a solicitor or advocate acting on behalf of the accused or, as the case may be, the appellant or other person—
- (3) References in the following sections to the accused, the appellant or other person or the respondent include references to a solicitor or advocate acting on behalf of the accused, the appellant or other person or, as the case may be, the respondent—
- (a) section 141,
@@ -6798,9 +6888,9 @@
- (d) section 144 (other than subsection (5)(b)),
- (e) section 145(4)(a) and (7),
- (f) section 146 (other than subsections (7)(b), (8)(c) and (9)(b)),
- (e) section 145(4)(a), (4A)(a) and (7),
- (f) section 146 (other than subsections (7)(b), (8)(c), (8A)(c) and (9)(b)),
- (g) section 147,
@@ -6835,6 +6925,14 @@
- (b) section 137(2) and (4),
- (c) section 138(2) and (3).
- (6) References in the following sections to the respondent include references to a solicitor or advocate acting on behalf of the respondent—
- (a) section 140B(2)(b) and (4),
- (b) section 140C(1)(a), (2) and (3),
- (c) section 140D(1), (2), (3)(b) and (4).
## PART 7 — MENTAL DISORDER AND UNFITNESS FOR TRIAL
@@ -10163,35 +10261,35 @@
.
#### The Scottish Sentencing Council
#### Ministers' power to request that sentencing guidelines be prepared or reviewed
#### The Council's objectives
#### High Court's power to require preparation or review of sentencing guidelines
#### Non-harassment orders
#### Short periods of detention
#### Presumption against short periods of imprisonment
#### Amendments of Custodial Sentences and Weapons (Scotland) Act 2007
#### Early removal of certain short-term prisoners from the United Kingdom
#### Reports about supervised persons
#### Pre-sentencing reports about organisations
#### Detention of children convicted on indictment
#### Extended sentences for certain sexual offences
#### Offences aggravated by racial or religious prejudice
#### Voluntary intoxication by alcohol: effect in sentencing
#### Involvement in serious organised crime
#### Mutual recognition of judgments and probation decisions
#### Offences aggravated by connection with serious organised crime
#### Genocide, crimes against humanity and war crimes: retrospective application
#### Sale and hire of crossbows to persons under 18
#### Sale and hire of knives and certain other articles to persons under 18
#### Offensive weapons etc.
#### Threatening or abusive behaviour
#### Offence of stalking
#### Indecent images of children
@@ -10205,21 +10303,21 @@
#### People trafficking
#### Slavery, servitude and forced or compulsory labour
#### Alternative charges for fraud and embezzlement
#### Abolition of offences of sedition and leasing-making
#### Prosecution of children
#### Offences: liability of partners
#### Bail condition for identification procedures etc.
#### Witness statements
#### Bail conditions: remote monitoring requirements
#### Prosecution on indictment: Scottish Law Officers
#### Transfer of justice of the peace court cases
#### Additional charge where bail etc. breached
#### Dockets and charges in sex cases
#### Remand and committal of children and young persons
@@ -10235,9 +10333,9 @@
#### Disclosure of convictions and non-court disposals
#### Convictions by courts in other EU member States
#### Submissions as to sufficiency of evidence
#### Time limits for lodging certain appeals
#### Prosecutor's right of appeal
#### Power of High Court in appeal under section 107A of 1995 Act
@@ -10245,7 +10343,7 @@
#### Retention of samples etc.
#### Retention of samples etc. where offer under sections 302 to 303ZA of 1995 Act accepted
#### Retention of samples etc. taken or provided in connection with certain fixed penalty offences
#### Extension of section 19A of 1995 Act
@@ -10253,7 +10351,7 @@
#### Referrals from Scottish Criminal Cases Review Commission: grounds for appeal
#### Admissibility of prior statements of witnesses: abolition of competence test
#### Witness statements: use during trial
#### Spouse or civil partner of accused a compellable witness
@@ -10277,7 +10375,7 @@
#### Persons excusable from jury service
#### Sharing information with anti-fraud organisations
#### Closure of premises associated with human exploitation etc.
#### Sexual offences prevention orders
@@ -10297,11 +10395,11 @@
#### Amendments of Part 5 of Police Act 1997
#### Assistance for victim support
#### Public defence solicitors
#### Compensation for miscarriages of justice
#### Financial reporting orders
#### Compensation orders
#### Meaning of “information”
@@ -11055,61 +11153,61 @@
[^key-aa224f48cade3eb23e2e17c650c6adb2]: S. 116 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-97916e427e05ae6eebebc6dfaf28d30b]: [S. 117](https://www.legislation.gov.uk/asp/2010/13/section/117) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-6ac8ba80db28498160bf1d2deb6801da]: [S. 118](https://www.legislation.gov.uk/asp/2010/13/section/118) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-c503da9d3261eaf88f584de031ca56a0]: [S. 119](https://www.legislation.gov.uk/asp/2010/13/section/119) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-bbd6f3072557d9224d4ae18787027d4f]: [S. 120](https://www.legislation.gov.uk/asp/2010/13/section/120) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-e3eaa22235b114318e99c7d0876f0875]: [S. 121](https://www.legislation.gov.uk/asp/2010/13/section/121) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-e672cbc80851ec2ab16d5fa20cb774b1]: [S. 122](https://www.legislation.gov.uk/asp/2010/13/section/122) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-ab0d2451120d616cc20e3dffa5b8ca19]: [S. 123](https://www.legislation.gov.uk/asp/2010/13/section/123) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-3718c61764d27b192d147ae6c6ff0f27]: [S. 124](https://www.legislation.gov.uk/asp/2010/13/section/124) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-eb1d038a25dc97d39cc2b68068bf34b6]: [S. 125](https://www.legislation.gov.uk/asp/2010/13/section/125) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-11f11d414589f2886c82afa3669a0f29]: [S. 126](https://www.legislation.gov.uk/asp/2010/13/section/126) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-df7cdf6829c73b1811db57995f0cbc29]: [S. 127](https://www.legislation.gov.uk/asp/2010/13/section/127) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-dc53ed045053ed5a56c59ec5f42d0669]: [S. 128](https://www.legislation.gov.uk/asp/2010/13/section/128) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-3b20a7262836f7116be57dacef5769ee]: [S. 129](https://www.legislation.gov.uk/asp/2010/13/section/129) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-afdcd8f45ee403f4ef39672115dfc432]: [S. 130](https://www.legislation.gov.uk/asp/2010/13/section/130) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-5e51c4465b2f95a01eedbea6da4f524b]: [S. 131](https://www.legislation.gov.uk/asp/2010/13/section/131) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-63cb84eefa2ea0c0d19d5f1340c0e285]: [S. 132](https://www.legislation.gov.uk/asp/2010/13/section/132) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-e3ea7de0f9315777a25d19464cfb80d3]: [S. 133](https://www.legislation.gov.uk/asp/2010/13/section/133) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-51037edafd4268b1b300fba8770fef03]: [S. 134](https://www.legislation.gov.uk/asp/2010/13/section/134) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-4176f5ac018390f3a17b7f75fca311b4]: [S. 135](https://www.legislation.gov.uk/asp/2010/13/section/135) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-1c0c0770dc642ca6992a74d1a4a089c4]: [S. 136](https://www.legislation.gov.uk/asp/2010/13/section/136) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-e4a9b2954155553e9d8aef93f580ecb7]: [S. 137](https://www.legislation.gov.uk/asp/2010/13/section/137) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-5c2dfdecf653c8af4650d6d9c6132d0e]: [S. 138](https://www.legislation.gov.uk/asp/2010/13/section/138) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-6e831e57c8302ad9036726070dfc209a]: [S. 139](https://www.legislation.gov.uk/asp/2010/13/section/139) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-826639fc0e8e5c255d54a3869bda2225]: [S. 140](https://www.legislation.gov.uk/asp/2010/13/section/140) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule))
[^key-97916e427e05ae6eebebc6dfaf28d30b]: S. 117 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-6ac8ba80db28498160bf1d2deb6801da]: S. 118 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-c503da9d3261eaf88f584de031ca56a0]: S. 119 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-bbd6f3072557d9224d4ae18787027d4f]: S. 120 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-e3eaa22235b114318e99c7d0876f0875]: S. 121 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-e672cbc80851ec2ab16d5fa20cb774b1]: S. 122 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-ab0d2451120d616cc20e3dffa5b8ca19]: S. 123 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-3718c61764d27b192d147ae6c6ff0f27]: S. 124 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-eb1d038a25dc97d39cc2b68068bf34b6]: S. 125 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-11f11d414589f2886c82afa3669a0f29]: S. 126 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-df7cdf6829c73b1811db57995f0cbc29]: S. 127 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-dc53ed045053ed5a56c59ec5f42d0669]: S. 128 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-3b20a7262836f7116be57dacef5769ee]: S. 129 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-afdcd8f45ee403f4ef39672115dfc432]: S. 130 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-5e51c4465b2f95a01eedbea6da4f524b]: S. 131 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-63cb84eefa2ea0c0d19d5f1340c0e285]: S. 132 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-e3ea7de0f9315777a25d19464cfb80d3]: S. 133 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-51037edafd4268b1b300fba8770fef03]: S. 134 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-4176f5ac018390f3a17b7f75fca311b4]: S. 135 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-1c0c0770dc642ca6992a74d1a4a089c4]: S. 136 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-e4a9b2954155553e9d8aef93f580ecb7]: S. 137 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-5c2dfdecf653c8af4650d6d9c6132d0e]: S. 138 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-6e831e57c8302ad9036726070dfc209a]: S. 139 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-826639fc0e8e5c255d54a3869bda2225]: S. 140 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
[^key-74c4d46a835f4337e5e8adfbb238ae15]: S. 141 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
[^key-27d3aa4ca51ae96a853365a47cbe9902]: S. 142 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
[^key-8af073328f5497259364fef102fca578]: [S. 143](https://www.legislation.gov.uk/asp/2010/13/section/143) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3))
[^key-e12f962148fb4f1540e33c47c6912754]: [S. 144](https://www.legislation.gov.uk/asp/2010/13/section/144) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3))
[^key-8af073328f5497259364fef102fca578]: S. 143 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
[^key-e12f962148fb4f1540e33c47c6912754]: S. 144 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
[^key-298cb5145152bb6f02bfd61bd523949a]: S. 145 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
@@ -11117,41 +11215,41 @@
[^key-fc42a7ffa493a65e0fae73fce22de144]: S. 147 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
[^key-a4d1276c2d8319dd0f10df66b9aa862c]: [S. 148](https://www.legislation.gov.uk/asp/2010/13/section/148) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3))
[^key-e0eb496ea01cbed91c415dc45ea45910]: [S. 149](https://www.legislation.gov.uk/asp/2010/13/section/149) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3))
[^key-8863d2a4d42f5929845d6b64d7afabb6]: [S. 150](https://www.legislation.gov.uk/asp/2010/13/section/150) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-8982057afcabe4d5fef6b06225b5b88c]: [S. 151](https://www.legislation.gov.uk/asp/2010/13/section/151) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-40dfa96f12056da705d2ee6aff3df418]: [S. 152](https://www.legislation.gov.uk/asp/2010/13/section/152) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-6a26816affb88c8e676f76140322cb88]: [S. 153](https://www.legislation.gov.uk/asp/2010/13/section/153) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-f3effa2d6bea885fbaa89dff0c16a98e]: [S. 154](https://www.legislation.gov.uk/asp/2010/13/section/154) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-a4d1276c2d8319dd0f10df66b9aa862c]: S. 148 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
[^key-e0eb496ea01cbed91c415dc45ea45910]: S. 149 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [art. 3](https://www.legislation.gov.uk/ssi/2011/178/article/3) )
[^key-8863d2a4d42f5929845d6b64d7afabb6]: S. 150 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-8982057afcabe4d5fef6b06225b5b88c]: S. 151 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-40dfa96f12056da705d2ee6aff3df418]: S. 152 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-6a26816affb88c8e676f76140322cb88]: S. 153 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-f3effa2d6bea885fbaa89dff0c16a98e]: S. 154 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-a523b4f857943d2da11caab76b40c336]: S. 155 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-78204167ebf6b4a2705a9a4fa8651c52]: S. 156 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-1721564266cb9156f88b20d1d9e2dc3d]: [S. 157](https://www.legislation.gov.uk/asp/2010/13/section/157) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-1721564266cb9156f88b20d1d9e2dc3d]: S. 157 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-a0a7df7b1f271641e4d0410cc7056652]: S. 158 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-7853ac16171ee37b13579debe62a9432]: [S. 159](https://www.legislation.gov.uk/asp/2010/13/section/159) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-2498183eae319a5dc60408b1f97f0281]: [S. 160](https://www.legislation.gov.uk/asp/2010/13/section/160) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-96d7f431995738b1c42b4929d789907d]: [S. 161](https://www.legislation.gov.uk/asp/2010/13/section/161) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-d84d699b5d5600e2f3458df9b1bb11b1]: [S. 162](https://www.legislation.gov.uk/asp/2010/13/section/162) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-75e4b77d85faadd2b966e5b7779cba2d]: [S. 163](https://www.legislation.gov.uk/asp/2010/13/section/163) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-aa7c72d6dc2fd4a0d8295de1562e3ba9]: [S. 164](https://www.legislation.gov.uk/asp/2010/13/section/164) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-560a66b3e8f7941cf4d4ad8f5bde28b3]: [S. 165](https://www.legislation.gov.uk/asp/2010/13/section/165) in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178), [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-7853ac16171ee37b13579debe62a9432]: S. 159 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-2498183eae319a5dc60408b1f97f0281]: S. 160 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-96d7f431995738b1c42b4929d789907d]: S. 161 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-d84d699b5d5600e2f3458df9b1bb11b1]: S. 162 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-75e4b77d85faadd2b966e5b7779cba2d]: S. 163 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-aa7c72d6dc2fd4a0d8295de1562e3ba9]: S. 164 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-560a66b3e8f7941cf4d4ad8f5bde28b3]: S. 165 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule)
[^key-ffbbbfa0e0ac8f970ba6230c577a6461]: S. 166 in force at 6.6.2011 by [S.S.I. 2011/178](https://www.legislation.gov.uk/ssi/2011/178) , [art. 2](https://www.legislation.gov.uk/ssi/2011/178/article/2) , [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) (with [Sch.](https://www.legislation.gov.uk/ssi/2011/178/schedule) )
@@ -11193,6 +11291,140 @@
[^key-ebaa599a6c7846c3e7b9d551e823f222]: [Sch. 7 para. 10](https://www.legislation.gov.uk/asp/2010/13/schedule/7/paragraph/10) in force at 1.11.2011 by [S.S.I. 2011/354](https://www.legislation.gov.uk/ssi/2011/354), [art. 2](https://www.legislation.gov.uk/ssi/2011/354/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2011/354/schedule)
[^key-9e0b52598ec1456129e069b90c77d760]: Words in s. 146(1) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/a); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-4f880eea153f6c3196085c872060aa24]: S. 146(4A) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-58ef67326f8d06c2682a3e5a11b1cf0e]: Words in s. 146(6)(c) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(c)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/c/i); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-2f97fddb8a22934bb0f6836b38d43ae0]: Word in s. 146(6) omitted (28.11.2011) by virtue of [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(c)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/c/ii); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-8e1cf314581d1a20011f14a6aa49aa17]: S. 146(6)(d)(iii) and word inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(c)(iii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/c/iii); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-3b9bb81709a84f00fe6514473f9f32de]: Words in s. 146(6)(e) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(c)(iv)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/c/iv); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-d940ee7168a5f1a8de70a4bf765b18af]: S. 146(8A) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(d)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/d); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-04f8249df5c3dced074f53992c819428]: Words in s. 146(9)(a) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(e)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/e); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-37d567a2480f9659fd31da619ba7ba4c]: Words in s. 146(10) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(f)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/f); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-653519920ec22b5eb719630877b5c870]: Words in s. 146(13) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(g)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/g/i); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-fe1f0633df2c9514cb641f53a589d50e]: Words in s. 146(13) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(g)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/g/ii); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-e7272785fb8fbf6b2e52dd2ae4269206]: Words in s. 146(14) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 23(h)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/23/h); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-7d368f53adea2f96ad6560ae77a9090b]: Words in s. 155(6) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 28(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/28/a) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-90a440a9e76f9c898788ecc5eb83dc25]: Words in s. 155(8) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 28(b)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/28/b/i) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-ae3e04e036f32ac19d94f1e8760e9c2e]: Words in s. 155(8) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 28(b)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/28/b/ii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-0a0fdcbcc42a90bf901862368b4d90f2]: Word in s. 155(9) omitted (28.11.2011) by virtue of [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 28(c)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/28/c/i) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-12ce7c455592352ecd37950fff840177]: S. 155(9)(i) and word inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 28(c)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/28/c/ii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-e662cc00311bc002a0fce143a148a729]: S. 155(11) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 28(d)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/28/d) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-417c1ec59fa8b22a99d7e04a817f3934]: Words in s. 166(3) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(a)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/a/i) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-e3d8c74cab587c79c10dd34a5e904124]: Words in s. 166(3) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(a)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/a/ii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-62f7a86b52bd0f95760f0ab4bc9ee5d5]: Words in s. 166(4) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(b)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/b/i) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-23580a7bda5e5c4e5cdc4393694d3a2b]: Words in s. 166(4) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(b)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/b/ii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-bd30565f8fe2a41591dc50fdd9001686]: Word in s. 166(4) omitted (28.11.2011) by virtue of [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(b)(iii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/b/iii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-2562962ea3ecf3ed620d9b72df3127a6]: S. 166(4)(c) and word inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(b)(iv)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/b/iv) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-2a286751e75fed050989616ea083921e]: Words in s. 166(5) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(c)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/c) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-68507e5ac3c2cff0d8dce65183c97ea9]: Words in s. 166(6) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(d)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/d/i) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-e5de5bda3af252abd846e73c58044ba1]: Words in s. 166(6) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(d)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/d/ii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-c42cfccc3be31b8c98848f763b43f379]: Words in s. 166(7) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(e)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/e/i) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-23b0cf2c146ea2aff569b644e2ee42b4]: Words in s. 166(7) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(e)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/e/ii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-6a8395e300c0405701ee7c63d11f5ce5]: S. 166(8) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 33(f)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/33/f) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-42a47669c289eecbc698795d4718e62b]: Word in s. 145(2)(c) omitted (28.11.2011) by virtue of [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 22(a)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/22/a/i) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-42dae4b094586ec83f85840ad3ed8d43]: S. 145(2)(c)(iii) and word inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 22(a)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/22/a/ii) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-8e415078bb0133f3e6cd214d8aac09ca]: Words in s. 145(2)(d) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 22(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/22/b) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-a71eebc8cd81e4b14fb41732bd96db95]: S. 145(4A) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 22(c)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/22/c) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-218a168d366f8cfea4397e8753ef98d1]: Words in s. 145(5)(a) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 22(d)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/22/d) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-fa9268c9b28bc0dad0e49f78b82daf39]: Words in s. 145(6) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 22(e)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/22/e) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-01fedf7562d85e2be4b320e108670d94]: Ss. 140A-140F and cross-headings inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [ss. 13(2)](https://www.legislation.gov.uk/asp/2011/16/section/13/2), [17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3) (with [arts. 4](https://www.legislation.gov.uk/ssi/2011/365/article/4), [5](https://www.legislation.gov.uk/ssi/2011/365/article/5))
[^key-9a258d8d947c06daf581e6a21ddf0766]: Words in s. 167(3) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 34(a)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/34/a/i); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-9a87ccf825f3ab1bacd2cc3a8f00579e]: Words in s. 167(3) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 34(a)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/34/a/ii); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-b0c4834d1c3bdb0fcab9f63b2afd8800]: Words in s. 167(3)(e) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 34(a)(iii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/34/a/iii); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-d065f3a56d75d841b874ef92797b095c]: Words in s. 167(3)(f) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 34(a)(iv)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/34/a/iv); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-f6a9fe17f8b8765960a317ddf7d215e5]: S. 167(6) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 34(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/34/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-24b9e8829ac711af24b1b755ad2e8e8f]: S. 158(4)(c) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 30(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/30/a); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-a14d5f5781f294f26135c62c59287a88]: Words in s. 158(5) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 30(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/30/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-4111ea6e67f258446277e28e23abee5f]: S. 158(6) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 30(c)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/30/c); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-5e1e34c0685aa61f5bcc25ff9fbbade1]: S. 116(2A) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 18(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/18/a); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-18b85634f5af794e5d1d89aa175fdccb]: S. 116(3A) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 18(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/18/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-d41ca0e61df04aafa8943618c6931e26]: Words in s. 141(1) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 19(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/19/a); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-35ab602d4c8e6452ed22941b7f8ec5d8]: S. 141(3A) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 19(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/19/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-b51f636060b833d37abc00d3d760d244]: Words in s. 142(2) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16) , [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3) , [Sch. para. 20(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/20/a) ; [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365) , [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-8d15318178e916ce8ce5440a608e334b]: Words in s. 142(8) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 20(b)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/20/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-5f4ff215a273c2851f0f1a833f032506]: Words in s. 156(8) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 29(a)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/29/a/i); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-2afbe54d540aa52a7934cfa19b2e0b14]: Words in s. 156(8) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 29(a)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/29/a/ii); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-50783bd9a5cb6f4327e39e83e3e5e25e]: Word in s. 156(9) omitted (28.11.2011) by virtue of [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 29(b)(i)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/29/b/i); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-ab16f476d924ea2a87ef74c9c1018546]: S. 156(9)(i) and word inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 29(b)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/29/b/ii); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-e18a9a3fd89cbabb10b557af313df9d4]: S. 156(11) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 29(c)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/29/c); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-deb27018f8c13f7d4b71a3aec4afdc39]: Words in s. 143(11) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 21](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/21); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-55529986fb0bf605716da439aa24743f]: Words in s. 150(10) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 25(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/25/a); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-601c0b19e5e1dae8728dfba0b3119600]: Words in s. 150(10) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 25(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/25/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-b7f46b0b790ee0fc44692948e63d1c2f]: Words in s. 147(2) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 24](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/24); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-9e13947bd4f46fe5a0d4f383f836dd6c]: [S. 152(5A)](https://www.legislation.gov.uk/asp/2010/13/section/152/5A) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 26](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/26); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^M_F_6ce63d7d-e5bb-4872-bf3c-be7947022957]: Words in s. 142(8) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 20(b)(ii)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/20/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-92bc1264290e8bf61a45d5f22baae795]: Words in s. 153(10) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 27(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/27/a); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-c93b23bab028bb726fd705f63c6c282d]: Words in s. 153(10) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 27(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/27/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-77bc740efe27a24c79fd308bfca2fa08]: Words in s. 160(9) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 31(a)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/31/a); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-758930778992dcc3045ce23d7607e355]: Words in s. 160(9) inserted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 31(b)](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/31/b); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-05f977fe5b784ebed844f8c38d26e453]: S. 162(8) substituted (28.11.2011) by [Double Jeopardy (Scotland) Act 2011 (asp 16)](https://www.legislation.gov.uk/asp/2011/16), [s. 17(3)](https://www.legislation.gov.uk/asp/2011/16/section/17/3), [Sch. para. 32](https://www.legislation.gov.uk/asp/2011/16/schedule/paragraph/32); [S.S.I. 2011/365](https://www.legislation.gov.uk/ssi/2011/365), [art. 3](https://www.legislation.gov.uk/ssi/2011/365/article/3)
[^key-330a26f034e90ca13c37d19aac2c26a7]: Words in [s. 179(3)](https://www.legislation.gov.uk/asp/2010/13/section/179/3) substituted (9.11.2012) by [The Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012 (S.S.I. 2012/304)](https://www.legislation.gov.uk/ssi/2012/304), [arts. 1(2)](https://www.legislation.gov.uk/ssi/2012/304/article/1/2), [2](https://www.legislation.gov.uk/ssi/2012/304/article/2)
[^key-9f3107f8f080b72cc4a637e712cd72b4]: S. 13 in force at 19.10.2015 by [S.S.I. 2015/336](https://www.legislation.gov.uk/ssi/2015/336), [art. 2(a)](https://www.legislation.gov.uk/ssi/2015/336/article/2/a)
@@ -11218,3 +11450,265 @@
[^key-63874702c520e517cc343fe8232f85a0]: Word in [sch. 4 para. 12](https://www.legislation.gov.uk/asp/2010/13/schedule/4/paragraph/12) omitted (31.12.2020) by virtue of [The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339)](https://www.legislation.gov.uk/ssi/2020/339), [regs. 1(3)](https://www.legislation.gov.uk/ssi/2020/339/regulation/1/3), [15(4)(b)](https://www.legislation.gov.uk/ssi/2020/339/regulation/15/4/b) (with [reg. 16](https://www.legislation.gov.uk/ssi/2020/339/regulation/16))
[^key-599bb41df0e3e3516841c8d1dfe22557]: Words in [sch. 4 para. 12](https://www.legislation.gov.uk/asp/2010/13/schedule/4/paragraph/12) inserted (31.12.2020) by [The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339)](https://www.legislation.gov.uk/ssi/2020/339), [regs. 1(3)](https://www.legislation.gov.uk/ssi/2020/339/regulation/1/3), [15(4)(a)](https://www.legislation.gov.uk/ssi/2020/339/regulation/15/4/a) (with [reg. 16](https://www.legislation.gov.uk/ssi/2020/339/regulation/16))
#### Meaning of “information”
#### Provision of information to prosecutor: solemn cases
### Disclosure in relation to 2011 Act proceedings
##### 140A
In sections 140B to 140F—
- “ *2011 Act* ” means the Double Jeopardy (Scotland) Act 2011 (asp 16),
- “ *2011 Act proceedings* ” means— an application under section 2(2), section 3(3)(b) or section 4(3)(b) of the 2011 Act to set aside a person's acquittal and grant authority for a new prosecution,an application under subsection (3) of section 11 of that Act to charge a person as mentioned in subsection (2) of that section,an application under subsection (3) of section 12 of that Act to charge, and prosecute anew, a person as mentioned in subsection (2) of that section,
- “ *respondent* ” means the person to whom the 2011 Act proceedings relate.
#### Duty to disclose on institution of 2011 Act proceedings
##### 140B
- (1) This section applies where 2011 Act proceedings are instituted in relation to a respondent.
- (2) As soon as practicable after the relevant act the prosecutor must—
- (a) review all information of which the prosecutor is aware that relates to the 2011 Act proceedings, and
- (b) disclose to the respondent any information that falls within subsection (3).
- (3) Information falls within this subsection if it is—
- (a) information that the prosecutor was required by virtue of section 121(2)(b), 123(2)(b), 133(2)(b), 134(2)(b), 136(2), 137(2) or 138(2) to disclose in, or in relation to, the first proceedings but did not disclose,
- (b) information to which, during the first proceedings, the prosecutor considered paragraph (a) or (b) of section 121(3) or subsection (3) of section 133 did not apply but to which the prosecutor now considers one or both of those paragraphs or that subsection would apply,
- (c) information of which the prosecutor has become aware since the disposal of the first proceedings that, had the prosecutor been aware of it during or after those proceedings, the prosecutor would have been required to disclose by virtue of section 121(2)(b), 123(2)(b), 133(2)(b), 134(2)(b), 136(2), 137(2) or 138(2), or
- (d) information of which the prosecutor has become aware since the disposal of the first proceedings, other than information that falls within paragraph (c), which—
- (i) would materially weaken or undermine the evidence that is likely to be led or relied on by the prosecutor in the 2011 Act proceedings involving the respondent,
- (ii) would materially strengthen the respondent's case, or
- (iii) is likely to form part of the evidence to be led or relied on by the prosecutor in the 2011 Act proceedings involving the respondent.
- (4) The prosecutor need not disclose under subsection (2)(b) anything that the prosecutor has already disclosed to the respondent.
- (5) In this section—
- “ *appellate proceedings* ” has the meaning given by section 132,
- “ *first proceedings* ”, in relation to 2011 Act proceedings, means the proceedings (including any appellate proceedings or other appeal) in or as a result of which the respondent was convicted or acquitted,
- “ *relevant act* ” means the making of the application under section 2(2), 3(3)(b), 4(3)(b), 11(3) or 12(3) of the 2011 Act.
#### Continuing duty of prosecutor
##### 140C
- (1) This section applies where—
- (a) the prosecutor has complied with section 140B(2) in relation to a respondent, and
- (b) during the relevant period, the prosecutor becomes aware of information which relates to the 2011 Act proceedings and falls within section 140B(3).
- (2) The prosecutor must disclose to the respondent any information that falls within section 140B(3).
- (3) The prosecutor need not disclose under subsection (2) anything that the prosecutor has already disclosed to the respondent.
- (4) Nothing in this section requires the prosecutor to carry out a review of information of which the prosecutor is aware.
- (5) In subsection (1), “ *relevant period* ” means the period—
- (a) beginning with the prosecutor's compliance with section 140B(2), and
- (b) ending with the relevant conclusion.
- (6) In subsection (5), “ *relevant conclusion* ” means the disposal or abandonment of the 2011 Act proceedings.
#### Application to prosecutor for further disclosure
##### 140D
- (1) This section applies where—
- (a) the prosecutor has complied with section 140B(2) in relation to a respondent, and
- (b) the respondent lodges a further disclosure request—
- (i) during the preliminary period, or
- (ii) if the court on cause shown allows it, after the preliminary period but before the relevant conclusion.
- (2) A further disclosure request must set out—
- (a) the nature of the information that the respondent wishes the prosecutor to disclose, and
- (b) the reasons why the respondent considers that disclosure by the prosecutor of any such information is necessary.
- (3) As soon as practicable after receiving a copy of the further disclosure request the prosecutor must—
- (a) review any information of which the prosecutor is aware that relates to the request, and
- (b) disclose to the respondent any of that information that falls within section 140B(3).
- (4) The prosecutor need not disclose under subsection (3)(b) anything that the prosecutor has already disclosed to the respondent.
- (5) In this section—
- “ *preliminary period* ”, in relation to the 2011 Act proceedings concerned, means the period beginning with the relevant act and ending with the beginning of the hearing of the 2011 Act proceedings,
- “ *relevant act* ” has the meaning given by section 140B(5),
- “ *relevant conclusion* ” has the meaning given by section 140C(6).
### Court rulings on disclosure: 2011 Act proceedings
#### Application by respondent for ruling on disclosure
##### 140E
- (1) This section applies where the respondent—
- (a) has made a further disclosure request under section 140D, and
- (b) considers that the prosecutor has failed, in responding to the request, to disclose to the respondent an item of information falling within section 140B(3) (the “information in question”).
- (2) The respondent may apply to the court for a ruling on whether the information in question falls within section 140B(3).
- (3) An application under subsection (2) is to be made in writing and must set out—
- (a) a description of the information in question, and
- (b) the respondent's grounds for considering that the information in question falls within section 140B(3).
- (4) On receiving an application under subsection (2), the court must appoint a hearing at which the application is to be considered and determined.
- (5) However, the court may dispose of the application without appointing a hearing if the court considers that the application does not—
- (a) comply with subsection (3), or
- (b) otherwise disclose any reasonable grounds for considering that the information in question falls within section 140B(3).
- (6) At a hearing appointed under subsection (4), the court must give the prosecutor and the respondent an opportunity to be heard before determining the application.
- (7) On determining the application, the court must make a ruling on whether the information in question, or any part of the information in question, falls within section 140B(3).
- (8) In this section and in section 140F, “*the court*” means the High Court.
- (9) Except where it is impracticable to do so, the application is to be assigned to the judge or judges who are to hear the 2011 Act proceedings.
##### 140F
- (1) This section applies where—
- (a) a court has made a ruling under section 140E that an item of information (the “information in question”) does not fall within section 140B(3), and
- (b) during the relevant period—
- (i) the respondent becomes aware of information (“secondary information”) that was unavailable to the court at the time it made its ruling, and
- (ii) the respondent considers that, had the secondary information been available to the court at that time, it would have made a ruling that the information in question does fall within section 140B(3).
- (2) The respondent may apply to the court which made the ruling for a review of the ruling.
- (3) An application under subsection (2) is to be made in writing and must set out—
- (a) a description of the information in question and the secondary information, and
- (b) the respondent's grounds for considering that the information in question falls within section 140B(3).
- (4) On receiving an application under subsection (2), the court must appoint a hearing at which the application is to be considered and determined.
- (5) However, the court may dispose of the application without appointing a hearing if the court considers that the application does not—
- (a) comply with subsection (3), or
- (b) otherwise disclose any reasonable grounds for considering that the information in question falls within section 140B(3).
- (6) At a hearing appointed under subsection (4), the court must give the prosecutor and the respondent an opportunity to be heard before determining the application.
- (7) On determining the application, the court may—
- (a) affirm the ruling being reviewed, or
- (b) recall that ruling and make a ruling that the information in question, or any part of the information in question, falls within section 140B(3).
- (8) Except where it is impracticable to do so, the application is to be assigned to the judge or judges who dealt with the application for the ruling that is being reviewed.
- (9) Nothing in this section affects any right of appeal in relation to the ruling being reviewed.
- (10) In this section, “*relevant period*”, in relation to a respondent, means the period—
- (a) beginning with the making of the ruling being reviewed, and
- (b) ending with the relevant conclusion.
- (11) In subsection (10), “*relevant conclusion*” has the meaning given by section 140C(6).
#### Application for non-notification order and exclusion order
#### Order preventing or restricting disclosure: application by Secretary of State
#### Application for ancillary orders: Secretary of State
#### Persons eligible for appointment as special counsel
#### Prohibition on disclosure pending determination of certain appeals
#### Review of section 146 order
#### Review by court of section 145 and 146 orders
#### Exemptions from disclosure
#### Redaction of non-disclosable information by prosecutor
#### Contravention of section 162
#### Interpretation of Part 6
#### Criminal responsibility of persons with mental disorder
#### Abolition of common law rules
#### Conditions to which licences under 1982 Act are to be subject
#### Licensing: powers of entry and inspection for civilian employees
#### Licensing of taxis and private hire cars
#### Licensing of street trading: food hygiene certificates
#### Licensing of public entertainment
#### Licensing of late night catering
#### Applications for licences
#### Premises licence applications: statements about disabled access etc.
#### Reviews of premises licences: notification of determinations
#### Provisional premises licences: duration
#### Premises licence applications: food hygiene certificates
#### Provision of copies of licences to chief constable
#### Occasional licences
#### Extended hours applications: notification period
#### Extended hours applications: variation of conditions
#### Appeals
#### Further modifications of 2005 Act
#### Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998
#### Orders and regulations
2011-11-01
Criminal Justice and Licensing (Scotland) Act 2010
2011-10-01
Criminal Justice and Licensing (Scotland) Act 2010
2011-08-01
Criminal Justice and Licensing (Scotland) Act 2010
2011-06-06
Criminal Justice and Licensing (Scotland) Act 2010
2011-04-15
Criminal Justice and Licensing (Scotland) Act 2010
2011-04-01
Criminal Justice and Licensing (Scotland) Act 2010
2011-03-28
Criminal Justice and Licensing (Scotland) Act 2010
2011-02-28
Criminal Justice and Licensing (Scotland) Act 2010
2011-02-01
Criminal Justice and Licensing (Scotland) Act 2010
2011-01-10
Criminal Justice and Licensing (Scotland) Act 2010
2010-12-13
Criminal Justice and Licensing (Scotland) Act 2010
2010-12-01
Criminal Justice and Licensing (Scotland) Act 2010
2010-11-19
Criminal Justice and Licensing (Scotland) Act 2010
2010-11-05
Criminal Justice and Licensing (Scotland) Act 2010
2010-10-12
Criminal Justice and Licensing (Scotland) Act 2010
2010-10-06
Criminal Justice and Licensing (Scotland) Act 2010
2010-08-16
Criminal Justice and Licensing (Scotland) Act 2010
2010-08-06
Criminal Justice and Licensing (Scotland) Act 2010 — versión origina
original version
Text at this date