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Criminal Procedure (Scotland) Act 1995
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Criminal Procedure (Scotland) Act 1995, Section 138 is up to date with all changes known to be in force on or before 02 March 2025. 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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138 Complaints.S
(1)All proceedings under this Part of this Act for the trial of offences or recovery of penalties shall be instituted by complaint signed by the prosecutor or by a solicitor on behalf of a prosecutor other than the procurator fiscal.
(2)The complaint shall be in the form—
(a)set out in Schedule 5 to this Act; or
(b)prescribed by Act of Adjournal,
or as nearly as may be in such form.
(3)A solicitor may appear for and conduct any prosecution on behalf of a prosecutor other than the procurator fiscal.
(4)Schedule 3 to this Act shall have effect as regards complaints under this Act.
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