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Criminal Procedure (Scotland) Act 1995

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Changes over time for: Section 97A

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No versions valid at: 01/04/1996

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Point in time view as at 01/04/1996. This version of this provision is not valid for this point in time. Help about Status

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Criminal Procedure (Scotland) Act 1995, Section 97A is up to date with all changes known to be in force on or before 04 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. Help about Changes to Legislation

Valid from 28/03/2011

[F197ASubmissions as to sufficiency of evidenceS

(1)Immediately after one or other (but not both) of the appropriate events, the accused may make either or both of the submissions mentioned in subsection (2) in relation to an offence libelled in an indictment (the “indicted offence”).

(2)The submissions are—

(a)that the evidence is insufficient in law to justify the accused's being convicted of the indicted offence or any other offence of which the accused could be convicted under the indictment (a “related offence”),

(b)that there is no evidence to support some part of the circumstances set out in the indictment.

(3)For the purposes of subsection (1), “the appropriate events” are—

(a)the close of the whole of the evidence,

(b)the conclusion of the prosecutor's address to the jury on the evidence.

(4)A submission made under this section must be heard by the judge in the absence of the jury.]

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