Double Jeopardy (Scotland) Act 2011

28 S In section 155 (review of section 145 order)—

(a) in subsection (6), after “145(3)” insert “ or (4A) ”,

(b) in subsection (8)—

(i) for the definition of “accused” substitute—

““accused” includes—

(a) appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies, and

(b) respondent,”,

(ii) after the definition of “relevant period” insert—

““respondent” has the meaning given by section 140A,”,

(c) in subsection (9)—

(i) omit “or” immediately following paragraph (g),

(ii) after paragraph (h) insert “, or

(i) the 2011 Act proceedings are disposed of or abandoned.”,

(d) after subsection (10) insert—

“(11) In its application to proceedings involving a respondent, subsection (9) is to be read as if paragraphs (a) to (h) were omitted.”.

Commencement Information

I1 Sch. para. 28 in force at 28.11.2011 by S.S.I. 2011/365, art. 3