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Criminal Procedure (Scotland) Act 1995, Section 173 is up to date with all changes known to be in force on or before 16 November 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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(1)For the purpose of hearing and determining any appeal under this Part of this Act, or any proceeding connected therewith, three of the Lords Commissioners of Justiciary shall be a quorum of the High Court, and the determination of any question under this Part of this Act by the court shall be according to the votes of the majority of the members of the court sitting, including the presiding judge, and each judge so sitting shall be entitled to pronounce a separate opinion.
(2)For the purpose of hearing and determining appeals under section 175(2)(b) or (c) [F1or (cb)] of this Act, or any proceeding connected therewith, two of the Lords Commissioners of Justiciary shall be a quorum of the High Court, and each judge shall be entitled to pronounce a separate opinion; but where the two Lords Commissioners of Justiciary are unable to reach agreement on the disposal of the appeal, or where they consider it appropriate, the appeal shall be heard and determined in accordance with subsection (1) above.
Textual Amendments
F1Words in s. 173(2) inserted (10.1.2005) by Protection of Children (Scotland) Act 2003 (asp 5), ss. 16(6), 22(2); S.S.I. 2004/522, art. 2
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