Search Legislation

Double Jeopardy (Scotland) Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 23

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Double Jeopardy (Scotland) Act 2011, Paragraph 23. Help about Changes to Legislation

This section has no associated Explanatory Notes

23SIn section 146 (order preventing or restricting disclosure: application by Secretary of State)—

(a)in subsection (1), for “or (4)” substitute “ , (4) or (4A) ”,

(b)after subsection (4) insert—

(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).,

(c)in subsection (6)—

(i)in paragraph (c), for “or (3)” substitute “ , (3) or (4A) ”,

(ii)omit “or” immediately following paragraph (d)(i),

(iii)after paragraph (d)(ii) insert or

(iii)where the application for the section 146 order is made by virtue of subsection (4A), whether the conditions in subsection (8A) apply,,

(iv)in paragraph (e), for “or, as the case may be, (8)” substitute “ , (8) or, as the case may be, (8A) ”,

(d)after subsection (8) insert—

(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.,

(e)in subsection (9)(a), for “or, as the case may be, paragraph (b) of subsection (8)” substitute “ , paragraph (b) of subsection (8) or, as the case may be, paragraph (b) of subsection (8A) ”,

(f)in subsection (10), for “or, as the case may be, (8)” substitute “ , (8) or, as the case may be (8A) ”,

(g)in subsection (13)—

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

accused” includes—

(a)where subsection (3) or (4) applies, the appellant or other person to whom the prosecutor is required to disclose the item of information, and

(b)where subsection (4A) applies, the respondent,,

(ii)after the definition of “appellant” insert—

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

(h)in subsection (14), for the words from “include” to the end substitute 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..

Commencement Information

I1Sch. para. 23 in force at 28.11.2011 by S.S.I. 2011/365, art. 3

Back to top

Options/Help