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Criminal Procedure (Scotland) Act 1995

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This is the original version (as it was originally enacted).

12In a complaint charging a contravention of an enactment—

(a)the statement that an act was done contrary to a enactment shall imply a statement—

(i)that the enactment applied to the circumstances existing at the time and place of the offence;

(ii)that the accused was a person bound to observe the enactment;

(iii)that any necessary preliminary procedure had been duly gone through; and

(iv)that all the circumstances necessary to a contravention existed,

and, in the case of the contravention of a subordinate instrument, such statement shall imply a statement that the instrument was duly made, confirmed, published and generally made effectual according to the law applicable, and was in force at the time and place in question; and

(b)where the offence is created by more than one section of one or more statutes or subordinate instruments, it shall be necessary to specify only the leading section or one of the leading sections.

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