29Crown application: criminal offencesS
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(1)No contravention by the Crown of section 5(5) makes the Crown criminally liable.
(2)But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3)Despite subsection (1), this Act applies to persons in the public service of the Crown as it applies to other persons.