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Criminal Procedure (Scotland) Act 1975
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Changes over time for: Section 255
Version Superseded: 31/03/1996
Alternative versions:
- 01/02/1991- Amendment
- 26/09/1995
Point in time - 31/03/1996- Amendment
- 01/04/1996- Amendment
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Point in time view as at 26/09/1995. This version of this provision has been superseded.
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Criminal Procedure (Scotland) Act 1975, Section 255 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1255 Supplementary provisions where High Court authorises new prosecution.S
(1)Where authority is granted under section 254(1)(c) of this Act, a new prosecution may be brought charging the accused with the same or any similar offence arising out of the same facts; and the proceedings out of which the appeal arose shall not be a bar to such new prosecution:
Provided that no sentence may be passed on conviction under the new prosecution which could not have been passed on conviction under the earlier proceedings.
(2)A new prosecution may be brought under this section, notwithstanding that any time limit (other than the time limit mentioned in subsection (3) below), for the commencement of such proceedings has elapsed.
(3)Proceedings in a prosecution under this section shall be commenced within two months of the date on which authority to bring the prosecution was granted; and for the purposes of this subsection proceedings shall, in a case where such warrant is executed without unreasonable delay, be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, and shall in any other case be deemed to be commenced on the date on which the warrant is executed.
(4)Where the two months mentioned in subsection (3) above elapse and no new prosecution has been brought under this section, the order under section 254(1)(c) of this Act setting aside the verdict shall have the effect, for all purposes, of an acquittal.]
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