PART VIIIS Appeals from Solemn Proceedings

Modifications etc. (not altering text)

C1 Pt. 8 (ss. 103-132): power to modify or apply (with modifications) conferred (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) , ss. 94(2) , 104 ; S.S.I. 2007/84 , art. 3(2)

Valid from 28/03/2011

[F1107EOther appeals under section 107A: appeal against acquittalS

(1)This section applies where—

(a)an appeal brought under section 107A is not an expedited appeal,

(b)the appeal is against an acquittal, and

(c)the High Court determines that the acquittal was wrong in law.

(2)The court must quash the acquittal.

(3)If the prosecutor seeks leave to bring a new prosecution charging the accused with the same offence as that libelled in the indictment, or a similar offence arising out of the same facts as the offence libelled in the indictment, the High Court must grant the prosecutor authority to do so in accordance with section 119, unless the court considers that it would be contrary to the interests of justice to do so.

(4)If—

(a)no motion is made under subsection (3), or

(b)the High Court does not grant a motion made under that subsection,

the High Court must in disposing of the appeal acquit the accused of the offence libelled in the indictment.]

Textual Amendments