Representation of the People Act 1983

172 Election petition offences in Scotland

(1) If at the trial in Scotland of an election petition the election court grants a-warrant for the apprehension, commitment or citation of any person suspected of being guilty of a corrupt or illegal practice, the case shall be reported to the Lord Advocate in order that that person may be brought to trial before the High Court of Justiciary or the sheriff principal according to the nature of the case.

(2) It is the duty of the advocate depute or, in his absence, the procurator-fiscal, if it appears to him that a corrupt or illegal practice has been committed by any person who has not received a certificate of indemnity, to report the case to the Lord Advocate with a view to that person being brought to trial before the proper court, although no warrant may have been issued by the election court.

(3) All prosecutions directed to be tried in the sheriff court shall be tried by the sheriff principal.

(4) Any criminal court in Scotland, before which a prosecution is instituted on indictment for a corrupt practice, may order the accused to pay to the prosecutor the prosecutor's reasonable costs of the prosecution.