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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 107B

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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1107BProsecutor's right of appeal: decisions on admissibility of evidenceS

(1)The prosecutor may appeal to the High Court against a finding, made after the jury is empanelled and before the close of the evidence for the prosecution, that evidence that the prosecution seeks to lead is inadmissible.

(2)The appeal may be made only with the leave of the court of first instance, granted—

(a)on the motion of the prosecutor, or

(b)on that court's initiative.

(3)Any motion for leave to appeal must be made before the close of the case for the prosecution.

(4)In determining whether to grant leave to appeal the court must consider—

(a)whether there are arguable grounds of appeal, and

(b)what effect the finding has on the strength of the prosecutor's case.]

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