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Criminal Justice (Scotland) Act 2016
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87Preliminary pleas in summary cases
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(1)Section 174 (appeals relating to preliminary pleas) of the 1995 Act is amended as follows.
(2)In subsection (1)—
(a)the words from “with the leave” to “and” are repealed,
(b)for the words “this subsection” there is substituted “subsection (1A)(b)”.
(3)After subsection (1) there is inserted—
“(1A)An appeal under subsection (1) may be taken—
(a)in the case of a decision to dismiss the complaint or any part of it, by the prosecutor without the leave of the court,
(b)in any other case, only with the leave of the court of first instance (granted on the motion of a party or ex proprio motu).”.
(4)After subsection (2) there is inserted—
“(2A)Subsection (3) applies where—
(a)the court grants leave to appeal under subsection (1), or
(b)the prosecutor—
(i)indicates an intention to appeal under subsection (1), and
(ii)by virtue of subsection (1A)(a), does not require the leave of the court.”.
(5)In subsection (3), for the words from the beginning to “it” there is substituted “Where this subsection applies, the court of first instance”.
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