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The Double Jeopardy (Scotland) Act 2011 (Commencement and Transitional Provisions) Order 2011
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Transitional provisions relating to the disclosure of information
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5.—(1) This article applies where, in relation to 2011 Act proceedings, the respondent was convicted or acquitted of the original offence before 28th November 2011.
(2) Sections 140B(4), 140C(3) and 140D(4) of the 2010 Act apply subject to the modification that the prosecutor need not disclose information already disclosed only where to do so would be consistent with the respondent receiving a fair hearing.
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