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Criminal Procedure (Scotland) Act 1995
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- UK Public General Acts
- 1995 c. 46
- PART VIII
- Section 107B
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- 28/03/2011- Amendment
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Criminal Procedure (Scotland) Act 1995, Section 107B is up to date with all changes known to be in force on or before 29 December 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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Valid from 28/03/2011
[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.]
Textual Amendments
F1Ss. 107A-107F inserted (prosp.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 74, 206(1)
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